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Hazleton to alter immigration law

The Morning Call

By Matt Birkbeck

September 09, 2006

Two months after passing an immigration law that's become the focus of a national debate, Hazleton City Council on Friday gave initial approval to a revamped ordinance designed to survive court challenges.

The new Illegal Immigration Relief Act, created with the help of several national immigration reform groups, is ''much better than the original ordinance,'' Mayor Lou Barletta said. ''This will withstand the scrutiny of the court and realize our goal of getting illegal immigrants out of Hazleton.''

Under the new law, the city would rely on the federal government to verify the status of those suspected of being illegal immigrants. The law would give landlords and businesses time to correct violations before sanctions are imposed.

It would give businesses and landlords from three to five days to correct violations, after which penalties would be imposed. Companies would face the loss of their city business permit and landlords the loss of their city rental license, but licenses would be restored once compliance is verified.

David Vaida, an Allentown attorney representing the Puerto Rican Defense and Education Fund, warned Barletta and council of a ''long and costly'' legal battle over the proposal.

The organization, along with the American Civil Liberties Union and several other groups, filed suit in federal court in Scranton last month, claiming the original ordinance encroached on federal jurisdiction and is unconstitutional.

City Council voted 4-1 Friday for the new ordinance and 5-0 for a separate ordinance making English the city's official language. The English-only provision was part of the law passed in July.

Barletta has crusaded for the immigration ordinance, claiming illegal immigrants have spurred increases in crime and made it more dangerous to live in this Luzerne County city of 31,000 about 40 miles northwest of Allentown.

Under the new ordinance, the city would refer all complaints to the federal government to determine a person's immigration status. The old law was vague as to how immigration status would be checked.

Complaints under the new law could not be based solely on a person's ethnicity.

If a person is found to be in the country illegally, a business would have three days to explain and fire the worker. A landlord would have five days to act.

Landlords would face fines of $250 for each violation if they fail to act. Multiple violations could result in the loss of rent from all tenants in a building until the violation is corrected. The city would suspend the permits of businesses that fail to remove an illegal worker within three days of being cited.

In addition, all city agencies would be enrolled in the Basic Pilot Program, a federal verification program, and businesses with city contracts over $10,000 would have to enroll in the Basic Pilot Program. Any business cited two times or more would be required to participate in Basic Pilot.

Barletta said he and city attorneys sought help in refining and strengthening the ordinance, but that other groups came to them.

''It was mutual,'' Barletta said. ''Some of the organizations that support our position came to us.''

Council will have two more readings of the new law on Tuesday, when it's expected to become law. City solicitor Chris Slusser said the ordinance would go into effect later this month.

matthew.birkbeck@mcall.com 610-820-6581