Posted on 11/02/2006 3:54:35 AM PST by theothercheek
Judge James Munley of the U.S. District Court for the Middle District of Pennsylvania issued a temporary restraining order against Hazleton City Council to delay the enforcement of its Illegal Immigration Relief Act Ordinance, which would have gone into effect today. The restraining order is valid until Nov. 14.
As expected, the American Civil Liberties Union (ACLU) sued the city of Hazleton, PA, to block the ordinances that levied fines on landlords renting to illegal aliens, denied business permits to companies hiring them, and requiring renters to register and buy a renter's permit at City Hall. The ACLU argues that these local ordinances encroach upon the federal government's exclusive power to regulate immigration, and they violate due process and equal protection rights under the Constitution. Reuters reports:
In a 13-page opinion, Munley said immigrants risked "irreparable injury" by being evicted from their apartments if the law is enforced. He also said he was not convinced by the city council's argument that illegal immigration increases crime and overburdens social services. …
He added that since the plaintiffs - representing the town's Hispanic community - claim the law affects constitutionally protected rights, it is in the public interest to delay enforcement of the ordinance until a court can consider its constitutional implications.
Meanwhile, The Associated Press reports, "evidence suggests many Hispanics - illegal or otherwise - have already left" the town. AP does not explain why legal immigrants, who are not affected by these ordinances, would feel the necessity to run for the hills.
Hazelton’s population ballooned 35 percent, from 23,000 to 31,000, over the past six years. Hispanics, many of whom speak little English, now comprise 30 percent of the population; by one estimate, about a quarter of them are in the US illegally. Hazelton Mayor Lou Barletta insists the new laws are needed to combat the crime, drugs and gangs that came to town along with the illegals. The mayor vows to fight all the way to the Supreme Court if necessary.
The ordinances, which were passed by the city council in July and amended in September to make them "bulletproof," as Barletta likes to say, have inspired 10 towns nationwide to pass similar measures. Thirty-two others are considering their own laws.
NOTE: This is the third item in a feature called "The Daily Blade," and appears underneath two articles titled, "The Revolution Has Begun" and "Déjà Vu All Over Again: Campaign Ads Are More Negative Than Ever." The original source includes links that The Other Cheek does not know how to imbed/include in her FR posts. Sorry for any inconvenience.
The judge is a Clinton appointee. Who would have guessed?
The clause that pays. This needs to be revisited once and for all by the SCOTUS. It is worse than the commerce clause.
The fact that towns and cities are forced to take these measures just shows what a failure the Federal government has been in upholding its constitutional responsibilities.
No, there's nothing wrong with The Constitution - as written/ But since when does our Consitution apply to non-citizens and enemy combatants? THAT's the issue that the Supremes need to address. But until Bush can appoint one or two more of them, I hope they don't rule on this because it will turn out just like Hamden ...
And where is Herr Gonzales? Nowhere.
Agreed. The syntax of the amendment should be clarified so that jurisdiction does not mean tourists passing through get full citizenship. Cutting off the ACLU from recovering costs out of the treasury would go a long way.
This and other state/local stories illustrate the widespread frustration we have with the lack of federal enforcement. Illegal immigration is not a regional or class problem; there is a palpable anger across our nation. The 2008 presidential wannabees better be prepared to tell us how they intend to fight this plague.
The city of Rogers Arkansas is planning on doing a law based on the Hazelton law. this does not bode well. Rogers is in North West Arkansas, home of Tyson and Walmart. Population increase is due to illegal aliens. the mayor is tired of the crime some of the illegals are committing, murders , drugs ect.
Well, the Hazelton mayor keeps saying his law is "bulletproof" and is willing to take it all the way to the Supreme Court. It just might hold up. Then Congress and the President will have to act to prevent 5000 different laws in different towns. The resulting federal law will have all the best features of them all and will stymie people's attempts to make money off illegals - hiring them, renting to them, opening bank accounts and offering credit to them, etc. Part of the problem is that American businesses - whether big corporations or local Mom & Pops - are aiding and abetting illegal immigration because they want cheap labor and/or their business.
ping
No the President and Congress need to address these rogue judges, all he need to do is refuse to enforce their decisions. After all there are many laws on the books concerning illegal immigration, and he hasn't been impeached for failing to enforce those.
November 14th 2006- Rogers City Council Meeting New City Hall @ 301 W. Chestnut, 621-1117. Should be at 7:30pm.
Rogers Mayor Steve Womack will propose a law similar to the Hazelton law in the midst of a cop getting shot in the leg by an illegal immigrant drug dealer. My group Keep Arkansas Legal will do everything to be there.
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