Skip to comments.Appeals court blocks Pa. town's immigration law
Posted on 09/09/2010 1:17:45 PM PDT by Justaham
A federal appeals court ruled Thursday that Hazleton, Pa., may not enforce its crackdown on illegal immigrants, dealing another blow to 4-year-old regulations that inspired similar measures around the country.
The 3rd U.S. Circuit Court of Appeals in Philadelphia said that Hazleton's Illegal Immigration Relief Act usurped the federal government's exclusive power to regulate immigration.
"It is ... not our job to sit in judgment of whether state and local frustration about federal immigration policy is warranted. We are, however, required to intervene when states and localities directly undermine the federal objectives embodied in statutes enacted by Congress," wrote Chief Judge Theodore McKee.
Appeals courts are split on whether states and municipalities have the right to enforce laws dealing with immigration. The U.S. Supreme Court will hear arguments over a 2007 Arizona law that prohibits employers from knowingly hiring illegal immigrants.
Hazleton, a northeastern Pennsylvania city of more than 30,000, had sought to fine landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. A companion measure required prospective tenants to register with City Hall and pay for a rental permit.
Mayor Lou Barletta had pushed the measures in 2006 after two illegal immigrants were charged in a fatal shooting. The Republican mayor, now mounting his third try for Congress, argued that illegal immigrants brought drugs, crime and gangs to the city of more than 30,000 and overwhelmed police, schools and hospitals.
Hispanic groups and illegal immigrants sued to overturn the measures, and a federal judge struck them down following a trial in 2007. The laws have never been enforced.
(Excerpt) Read more at news.yahoo.com ...
“President Clinton nominated Judge McKee to the Third Circuit on March 22, 1994, to a seat vacated by A. Leon Higginbotham, Jr.. Judge McKee was confirmed by the United States Senate on June 8, 1994, and received his commission on June 9, 1994.”
We are just serfs in this country now.
Another blow by the King’s Court. Funny how the enumerated powers are important only when they need to support the wrong side of the argument. Meanwhile, the second amendment is meaningless and the courts can find things not in the constitution and invent new law out of thin air.
Alice in Wonderland on Steroids.
This is beyond insane.
Let the revolution begin...
On the Rev II clock, it is one minute to midnight.
I would tell the Court that when the Feds start doing their job I will stop doing it for them.
Already posted: http://www.freerepublic.com/focus/f-news/2586125/posts
I know! Something has to give!
I feel like I am Alice in Wonderland and I fell down the rabbit hole!
And the people/officials of Hazelton should tell the court to GO TO HELL!!!
Penalizing businesses and landlords sounds perfectly within what a state can do. But requiring renters to register with the city sounds awfully Orwellian.
But I’m cool with this. States and cities can’t enforce federal law. The states should remember this fact during the next bank robbery, the next kidnapping, or the next pile of counterfeit bills they find.
There are effective ways to discourage illegals in a local area. Drop the hammer on day work pickup sites. Pull, tow and impound any vehicle not driven by a licensed driver, not properly registered, or with no proof of insurance. (Messing with their ride really pisses them off). This makes money for the locals and possibly removes the illegals pronto. BTW, you can’t get your ride out of inpound unless you produce the required documents and pay the towing and impound fee. Enforcing building, sanitation and safety codes harshly on rental units pandering to this demo. Run SSN of employed folks to see if they are duplicate. If so, notify employer and Social Security and especially the real owner of the SSN. This would help citizens battle identity fraud. Do a lot of police outreach in schools. Mommies of little amigos get nervous when cops come to school. Run SSN of all emergency room admittees and track down the dups. Not having access to free health care is a real downer to the interlopers. Review liquor licenses of all retailers and bars with a noticable clientele. Nothing like the prospect of loosing a liquor license to get the attention of the owner. A 100% card check policy is problematic for illegals. Provide public health outreach to the schools for testing of TB, head lice, and nits. When asked why state that there has been a noticeable uptrend in these areas over the last few years. This will drive the soccer moms crazy. Remember when something threatens their offspring, soccer moms get pissed, which causes lots of bad feelings among the illegal community. I could come up with a few more, but you get my drift. I know doing this is against the wishes of Mr. Sparky, but who elected him King of the World anyway?
There must be a legal principle, in common law, at least, that resolved this myth.
If the Federal government's exclusive (I would question this characterization) power is never used effectively to deal with a legitimate national interest, can it be truly usurped?
Sound more as if the argument should be impeachable dereliction of duty with great national harm.
Imagine if the Feds had sole jurisdiction over murders, but never prosecuted any instances of such.
What would happen to the murder rate?
Most so-called American citizens haven't a clue how often nullification has been sucessfully applied at all levels of US governments, from the feds and Supreme court on down...
Passive resistance on a monumental scale. If there must be arms applied to the problem, let the Federal fascists fire the first shot. I don't much care if it's the Supreme Court or the "Elian Squad."
Again, a Commie Lib defers back to Holder/Big Sis/Kenyan who are very resolute in non-enforcement.
It’s handing the runaway chicken to the fox.
If we are just serfs, then we need to all do a John Galt out of the system and let the system sink.
TV and Hollywood is where we need to go Galt first.
Agreed w/going Galt on Hollywood/tv industry! I have already strongly implemented that myself.