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Tuesday, January 09, 2007

Judge: Hazleton plaintiffs will stay unknown to city
BY WADE MALCOLM
STAFF WRITER
01/09/2007

A federal judge issued two orders Monday that will weaken Hazleton’s defense against a lawsuit challenging its illegal immigration ordinance.

With the case moving more swiftly toward trial than expected, the identities of several plaintiffs suing Hazleton will be allowed to remain anonymous from the city, U.S. District Judge James M. Munley ruled in denying the city’s request to appeal his previous decision on the issue to a higher court.

In denying the appeal, Munley also avoided delaying the trial date in the case.

The two sides previously agreed to push the trial back to August, with the judge’s approval. But Munley had other ideas, setting a March 12 trial date in a separate order Monday.

“We find this time period sufficient for the parties to prepare their cases,” he wrote in a court order.

Munley initially granted the plaintiffs’ request to remain anonymous, deciding that revealing their identities could cause them undue harm.

The city opposed the ruling, saying it could not adequately challenge the plaintiffs’ damage claims without knowing their identities.

“Imagine someone sues you saying you caused all kind of economic or other injures and you don’t know who they are,” said Kris Kobach, an immigration law expert representing the city. “How can you effectively argue against it. It is such an oddity. It is truly an extraordinary circumstance that the defendant cannot know (the plaintiffs’) identities or immigration status.”

Attorneys for the anonymous plaintiffs’ say their clients fear reprisal from Hazleton or deportation by the federal government because they or their family members could be illegal immigrants.

“The city and city officials have made it very clear that they want to get rid of these individuals — get them out of their jobs, get them out of their homes,” said Witold J. Walczak, one of the American Civil Liberties Union attorneys bringing the suit. “They are going to be at risk of significant harm (if identified).”

Monday’s decision was the latest of several key rulings against Hazleton in the case. The city cannot enforce the ordinance because of a restraining order issued by Munley.

“There hasn’t been any decision (made by the judge) in our favor yet,” said Mayor Lou Barletta, who proposed the ordinance. “It has been very frustrating.”

Both sides have vowed to a appeal an unfavorable ruling.

Several other plaintiffs in the case are named in the suit.

wmalcolm@citizensvoice.com