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Hazleton agrees to delay immigrant crackdown law
By: MICHAEL RUBINKAM (Fri, Sep/01/2006)


ALLENTOWN, Pa. - The city of Hazleton on Friday agreed to delay enforcing a law that targets illegal immigrants, giving Hispanic activists and the ACLU a temporary victory in their quest to have the crackdown declared unconstitutional.

Hazleton, a city of about 31,000 residents, approved one of the toughest laws of its kind in the United States on July 13, imposing $1,000 fines on landlords who rent to illegal immigrants, denying business permits to companies that give them jobs and making English the city's official language.

The American Civil Liberties Union and Hispanic groups sued to overturn the law on Aug. 15, contending that the Constitution gives the federal government exclusive power to regulate immigration and that the city's ordinance is discriminatory and unworkable. They believe the law will foster discrimination against Hispanics who came to the U.S. legally.

On Friday, Hazleton said it wouldn't enforce the measure. Enforcement was to begin Sept. 11. The city is working on a replacement ordinance that it says will better stand up in court.

In return, the plaintiffs agreed not to seek an injunction against the city. U.S. District Judge James Munley, who is overseeing the lawsuit, approved the agreement.

"Hopefully, the legal protection we now have will give some comfort to the local immigrant community and calm their fears," said Witold J. Walczak, legal director of the ACLU of Pennsylvania.

Republican Mayor Lou Barletta, who has championed the law, did not immediately return a call for comment Friday.

Under the agreement, Hazleton must give the plaintiffs at least 20 days' notice before it begins enforcing either the ordinance passed in July or its replacement - enough time for the ACLU to head back into court to try to stop it.

The ACLU, the Puerto Rican Legal Defense and Education Fund, and other groups filed the lawsuit on behalf of 11 Hazleton residents and business owners and three nonprofit groups. Among the plaintiffs are landlords who say they lost tenants and a Mexican immigrant who says her grocery store and restaurant have fallen on hard times since the ordinance was passed.

It is not clear how many illegal immigrants live in Hazleton, about 80 miles northwest of Philadelphia, but the city's Hispanic population has soared in recent years. Barletta proposed the ordinance after two illegal immigrants were charged with shooting and killing a man. He has said the new law has already spurred many illegal immigrants to leave the city.

Frustrated by inaction in Washington and inspired by the Hazleton crackdown, many local governments have passed their own measures to restrict or punish illegal immigrants and those who do business with them.


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