BREAKING: Hazelton Illegal Immigration Relief Act Struck Down

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Not a major surprise:


A federal judge has struck down the Illegal Immigration Relief Act, ruling Hazleton's proposed crackdown on landlords and employers doing business with illegal immigrants is unconstitutional. In a 206 - page opinion, U.S. District Judge James M. Munley stated "federal law prohibits Hazleton from enforcing any of the provisions of its ordinance."...

A previous court order issued by Munley has put Hazleton's ordinance on hold since November. Today's decision is expected to be appealed to Third Circuit Court in Philadelphia.


Actually, Mayor Lou Barletta has already made clear the effort won't stop at Circuit Court, either.

UPDATE: (Via Blog Khan) - Here is the decision. The most relevant portion (in my estimation) begins around page 92.

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5 Comments

stay puft said:

"federal law prohibits Hazleton from enforcing any of the provisions of its ordinance."

...well I guess we're a nation of laws after all!

I will be interested in reading the decision.

Here is the law:

http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001324---a000-.html

If you skip to the bottom to section h) (2) Preemption

...this would appear to be the basis for construing that any local or state action abrogates federal law - but it could be read in various ways.

Jack said:

"The provisions of this section preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens."

Since the laws of Hazelton do not conflict with the federal law, it seems that Hazelton can enforce its laws. New Haven, however, has a problem

Citizen Tom said:

In the long run, the only way to solve the immigration problem is to clean house. We must overturn these dumb laws. We must systematically replace those politicians who created this mess and refuse to fix it. Unfortunately, in the last election, many conservative voters were so disgusted they sat out the election. So we even lost Senator Allen, and he was trying to do his job.

QUITTING IS NOT THE SOLUTION. We must elect people who will resolutely do the job we elected them to do. In every election there are such people. Even if you don't have such a person running in your city, county, or state, there is some body some place. PLEASE DO NOT ABANDON THAT PERSON! Give them whatever support you can.

A Reader said:

Here is an insightful analysis of judge Munley's ruling against the city of Hazelton's Illegal Immigration Relief Act. It shows major flaws and fallacies of that ruling.

http://www.geocities.com/readerswrite/commentaries/Federal_supremacy.htm

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