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http://www.kansascity.com/mld/kansascit ... 955953.htm

`Very convoluted' trial on immigration ordinance ends
By Amy Worden

The Philadelphia Inquirer

(MCT)

SCRANTON, Pa. - It could be months before a judge rules in a closely watched federal trial over Hazelton, Pa.'s effort to crack down on illegal immigrants, whom officials blame for increasing crime.

Following closing arguments Thursday, U.S. District Judge James Munley gave lawyers for the two sides until May to file additional briefs. He described the legal issues as "very convoluted."

In closing arguments, ACLU lawyer Witold Walczak contended that Hazleton failed to prove a connection between undocumented immigrants and crime and overstepped its authority because only the federal government may enforce immigration policy. But Kris Kobach, an attorney representing Hazleton argued the ordinance targeted a real problem and was carefully crafted to "thread the needle of federal preemption." Enforcement of the ordinance has been barred pending the trial's outcome. The case, which has gained national attention, considers the legality of the first-ever local anti-illegal alien ordinance and will likely have far-reaching implications for municipalities seeking to enact similar laws.

At issue before the court is whether the aging coal mining city of Hazleton, had the right to pass an ordinance aimed at curbing crime by forcing out illegal immigrants. The controversial ordinance, enacted last July, would penalize businesses that hire illegal immigrants and landlords who rent to them.

The city, led by its outspoken mayor, Lou Barletta, views the ordinance as an attempt to preserve a small town that has suffered a blow to its way of life because of the federal government's inability to deal with the immigration problem. The American Civil Liberties Union of Pennsylvania, which filed suit over the ordinance on behalf of seven plaintiffs, said the town is merely using illegal immigrants - the vast majority of them Hispanic - as "scapegoats" for its social and economic troubles.

Over the course of the two week trial, witnesses testifying for the defense sought to link the city's rising rate of violent crime to a rise in the number of illegal immigrants and the arrival of Hispanic gangs. Witnesses for the plaintiffs testified there was no proof that illegal immigrants were responsible for the crime increase and that the very threat of the ordinance has created a climate of fear that has harmed members of the law abiding immigrant community.

"The ordinance has promoted hostility to all immigrants in the city," Walczak said.

He argued the local ordinance, unlike the federal law, would offer those cited no due process and encourage discriminatory firings and evictions.

Kobach said the defense demonstrated a "reasonable connection" between illegal aliens and crime and therefore the city had a rational basis for exerting its police power.

He said plaintiffs' attorneys failed to prove the plaintiffs - four of whom are undocumented immigrants - had standing. Since the ordinance has not yet been in effect, he said, there was no way to tell who was aggrieved. Kobach, speaking outside the court, said there are ordinances enacted every day in communities that leave residents feeling aggrieved. "That's not enough to strike the law."

The non-jury trial will be decided by U.S. District Court judge James M. Munley, who Thursday in court described the case as "very convoluted" and did not indicate when he would issue his ruling. The deadline for attorneys to file post trial documents is May 7.

Both sides have said if they lose they will appeal to the U.S. Court of Appeals for the Third Circuit.

Dozens of municipalities with large immigrant populations are considering similar laws as are some states including Pennsylvania. A Pennsylvania state legislator has recently reintroduced a package of bills that, like Hazelton, would impose penalties on employers and eliminate emergency benefits for illegal immigrants.

Hazleton Mayor Barletta said several violent crimes last year - particularly the murder of a pedestrian and the rape of six-year-old girl - committed by illegal immigrants led to his proposing the Illegal Immigration Relief Act. The case vaulted the mayor to the national stage where he has been embraced by conservative immigration advocates and condemned by others - including the ACLU - as an opportunist.

Barletta, who appeared as a witness and has attended all the proceedings, Thursday lashed out at the ACLU for defending illegal immigrants and for minimizing the threat to his community. "How many people have to be shot in the eyes? How many six-year-olds raped?" he said. "I have a right to defend my people."