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Carbon borough delays new law
The Morning Call

By Kevin Pentan

July 28, 2006


While Hazleton and Mount Pocono continue to move forward with their efforts targeting illegal immigration, a Carbon County municipality that had considered following their leads decided Wednesday to postpone action.
The Borough Council in Nesquehoning will not pursue an ordinance that would penalize employers who hire or landlords who rent to illegal immigrants.

Council decided to postpone the action after solicitor Robert Yurchak told them his research indicated it might not withstand a legal challenge or be locally enforceable.

''Given that there could be potential problems with it, I'm recommending that we put it on hold for now,'' Yurchak told council on Wednesday.

While Yurchak's comments drew chuckles from several audience members, council members did not comment on the issue during the meeting and took no further action.

On the heels of greater national attention in recent months on how the federal government should deal with millions of immigrants who have questionable legal status, several eastern Pennsylvania communities have decided to try to take action into their own hands.

Similar ordinances adopted in Hazleton, proposed in Mount Pocono and considered in Nesquehoning and other locales would require tenants to apply for a municipal residency permit and place financial penalties on businesses and landlords who deal with illegal immigrants.

Allentown Councilman Louis J. Hershman said this week he also is preparing a similar ordinance for the city council to consider. If enacted, Allentown would become the largest city in the state to consider such a law.

But Shelley Houk, research director for the Pennsylvania State Association of Boroughs, said it is highly questionable whether these ordinances would withstand legal challenges. Houk advised Nesquehoning, a borough of 3,356 residents, on its proposed ordinance.

Only the federal government has the power to impose regulations based on a person's legal status, not state or local governments, Houk said. She researched the issue with the expectation that municipalities across the state might seek the association's advice. As of Thursday, only two have called.

''Boroughs are sort of at the bottom of the rung when it comes to power,'' Houk said. ''These ordinances are invoking powers that don't exist in borough codes.''

Although Nesquehoning will not take any action now, officials still plan to address the issue in the future, Council President Frank Jacobs said after the meeting.

''We need to find something that will have its i's dotted and its t's crossed,'' Jacobs said. ''In some way, we have to get something together on this.''

Although Jacobs acknowledged that Nesquehoning likely has few residents with questionable legal status, he wants to be proactive.

Officials in Nesquehoning and several neighboring communities such as Lansford, Shenandoah and Tamaqua say they are concerned that should illegal immigrants find Hazleton inhospitable, they would consider moving.

After the meeting, Councilman Frank DiMiceli said that Nesquehoning's efforts are not targeted at any one group.

Rather than adopt an ordinance specifically referring to illegal immigrants, DiMiceli said the borough may deal with some of the quality of life issues that officials fear illegals would worsen, by beefing up Nesquehoning's landlord-tenant laws and strengthening various nuisance-related ordinances.