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Hazleton may offer evidence of illegal immigrants’ impact

BY WADE MALCOLM
STAFF WRITER
03/01/2007
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A federal judge will allow Hazleton to present anecdotal and observational evidence of the financial drain illegal immigrants have on public services.


U.S. District Judge James M. Munley’s ruling paves the way for city officials to state their rationale for adopting ordinances targeting illegal immigrants — an argument that could be key to city’s defense against several aspects of a lawsuit challenging the ordinances.

While agreeing with the plaintiffs that the city has produced few hard facts supporting its claims, Judge Munley said witnesses can provide competent testimony “about what they have seen, heard and experienced, even when they cannot reduce that testimony to neat statistical categories.”

Immigration law expert Kris Kobach, who is representing the city, said the ruling would allow Hazleton to show it did not irrationally overstep its authority by enacting the ordinances.

The decision was one of few victories for the city handed down by Judge Munley on Wednesday in a rulings on several pre-trial motions.

Lawyers for the plaintiffs — who say the city’s ordinances targeting illegal immigrants are unconstitutional and discriminatory — also sought to remove two of the city’s expert witnesses.

Judge Munley denied that motion.

The experts are expected to testify that Hazleton has been afflicted by street gangs comprised mostly of illegal immigrants and that illegal immigration depresses wages and the local economy.

The city also sought to remove several plaintiffs and one expert witness from the case, but Judge Munley ruled against the city in those motions.

Lawyers from the American Civil Liberties Union, other advocacy groups and several private legal firms represent the plaintiffs, who are private residents and business organizations in the city who claim the ordinances violate state and federal laws and encroach on due process and equal protection rights in the Constitution.

The trial is scheduled to start on March 12 the William J. Nealon Federal Building.

THE ASSOCIATED PRESS contributed to this report.

Contact the writer: wmalcolm@citizensvoice.com



©The Times-Tribune 2007