Hazleton, Pennsylvania's Illegal Immigration Law Shot Down by Activist Judge

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"...On July 26, 2007, federal Judge James Munley of the Middle District of Pennsylvania issued an opinion striking down the efforts of Hazleton, Pennsylvania, to address the consequences of illegal immigration within its jurisdiction.

In Hazleton, the impact of illegal immigration has been severe. Illegal aliens have committed several murders in the past two years in a town that previously saw murder occur only once about every seven years. Drug-trafficking and gun-running gangs comprised mostly of illegal aliens, MS-13 included, moved to this sleepy town. Drug crimes increased, with illegal aliens representing 30 percent of those arrested.

 Predictably, as soon as Hazleton passed its ordinance, the ACLU, the Puerto Rican Legal Defense and Education Fund (PRLDEF), and liberal allies at the silk-stocking Philadelphia law firm of Cozen O’Connor took Hazleton to court.

The ACLU advanced a grab-bag of legal theories against Hazelton. It claimed that cities and states cannot impose sanctions on employers who hire unauthorized aliens -- when in fact federal law expressly permits cities and states to do impose licensing sanctions on such employers (8 U.S.C. § 1324a(h)(2)). The ACLU also claimed that landlords have a right to knowingly harbor illegal aliens in an apartment, even though federal law makes it a crime (8 U.S.C. §1324(a)(1)(A)). The ACLU’s arguments fall under the rubric of federal preemption -- the constitutional doctrine by which Congress may displace state and local authorities from regulating in particular areas."