Federal Judge Strikes Down Illegal Immigration Relief Act
#1
07-27-2007, 05:10 AM
Federal Judge Strikes Down Illegal Immigration Relief Act
Judge strikes Hazleton’s anti-illegal immigration law
By MICHAEL RUBINKAM - Associated Press Writer
ALLENTOWN, Pa. (AP) - A federal judge on Thursday struck down the city of Hazleton’s tough anti-immigration law, ruling unconstitutional a measure that has been copied around the country.
The city’s Illegal Immigration Relief Act sought to impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. Another measure would have required tenants to register with City Hall and pay for a rental permit.
U.S. District Judge James Munley voided the law Thursday based on testimony from a nine-day trial held in March.
The city will almost certainly appeal.
Hazleton’s Republican mayor pushed for the strict laws last summer after two illegal immigrants were charged in a fatal shooting. Mayor Lou Barletta argued that illegal immigrants brought drugs, crime and gangs to the city of more than 30,000, overwhelming police and schools.
Immigrant groups sued, saying the laws usurp the federal government’s exclusive power to regulate immigration, deprive residents of their constitutional rights to equal protection, and violate state and federal housing law.
In a 206-page opinion, Munley said the act was pre-empted by federal law and would violate due process rights.
“Whatever frustrations ... the city of Hazleton may feel about the current state of federal immigration enforcement, the nature of the political system in the United States prohibits the city from enacting ordinances that disrupt a carefully drawn federal statutory scheme,” Munley wrote.
“Even if federal law did not conflict with Hazleton’s measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not,” he added.
Hispanic immigrants began settling in Hazleton in large numbers several years ago, lured from New York, Philadelphia and other cities by cheap housing, low crime and the availability of work in nearby factories and farms.
The city, 80 miles northwest of Philadelphia, estimates its population increased by more than 10,000 between 2000 and 2006. Testimony during the trial put the number of illegal immigrants at between 1,500 and 3,400.
Hazleton’s act was copied by dozens of municipalities around the nation that believe the federal government hasn’t done enough to stop illegal immigration. Munley’s ruling does not affect those measures.
By MICHAEL RUBINKAM - Associated Press Writer
ALLENTOWN, Pa. (AP) - A federal judge on Thursday struck down the city of Hazleton’s tough anti-immigration law, ruling unconstitutional a measure that has been copied around the country.
The city’s Illegal Immigration Relief Act sought to impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. Another measure would have required tenants to register with City Hall and pay for a rental permit.
U.S. District Judge James Munley voided the law Thursday based on testimony from a nine-day trial held in March.
The city will almost certainly appeal.
Hazleton’s Republican mayor pushed for the strict laws last summer after two illegal immigrants were charged in a fatal shooting. Mayor Lou Barletta argued that illegal immigrants brought drugs, crime and gangs to the city of more than 30,000, overwhelming police and schools.
Immigrant groups sued, saying the laws usurp the federal government’s exclusive power to regulate immigration, deprive residents of their constitutional rights to equal protection, and violate state and federal housing law.
In a 206-page opinion, Munley said the act was pre-empted by federal law and would violate due process rights.
“Whatever frustrations ... the city of Hazleton may feel about the current state of federal immigration enforcement, the nature of the political system in the United States prohibits the city from enacting ordinances that disrupt a carefully drawn federal statutory scheme,” Munley wrote.
“Even if federal law did not conflict with Hazleton’s measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not,” he added.
Hispanic immigrants began settling in Hazleton in large numbers several years ago, lured from New York, Philadelphia and other cities by cheap housing, low crime and the availability of work in nearby factories and farms.
The city, 80 miles northwest of Philadelphia, estimates its population increased by more than 10,000 between 2000 and 2006. Testimony during the trial put the number of illegal immigrants at between 1,500 and 3,400.
Hazleton’s act was copied by dozens of municipalities around the nation that believe the federal government hasn’t done enough to stop illegal immigration. Munley’s ruling does not affect those measures.
He's probably right about due process. It's the federal government's job to enforce immigration law, not the municipality. But why hasn't the immigration law been enforced more vigorously? If a town of 30,000 can do it, why can't the federal government?
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07-27-2007, 11:58 AM
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#4
07-27-2007, 12:41 PM
States usually have "primacy" which basically means that they can pass laws that are tougher than Federal laws but not less strict. Not only are the illegal immigrants coming into the country, they are invading the states that they occupy. Sounds like a state issue to me. Especially when the politicians have no desire to do anything that might hurt their chances of re-election. I mean, really, why would you want to actually enforce a law if it makes you look bad? What a bunch of morons.
#5
07-27-2007, 12:52 PM
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#6
07-27-2007, 06:47 PM
yep, under my states "tn care" aliens do not have to pay for hospital stays. but i do.
i still will never understand the logic behind these rulings, the supreme court can rule that local municipalities can over ride the second amendment and establish no gun allowed laws but yet they are not allowed to pass laws dealing with immigration, even though they are just passing what is essentially on the books now.
when dealing with immigration and border security, our federal government is a joke, no respect is due to them on this matter. our government has failed us on all aspects dealing with border security and immigration control, and to make matters worse, the government hammers down on anyone who does want to enforce our borders and immigration laws. who is in control here...us or the aliens?
by the way, i must pay $275 more dollars this week to USCIS for my wifes immigration papers, that nice fee is for biometrics and for removal of her conditional residence status. i am sure if i didn't pay that the immigration police would be all over us in a second locking my wife up and deporting her, all in the mean time less than 1 mile from my place the local illegal hangout is growing each month, they wait outside a store in the mornings for people to come by and hire them. when i first got here there was none, that was less than 2 years ago, now there are over 20 out there each morning.
i still will never understand the logic behind these rulings, the supreme court can rule that local municipalities can over ride the second amendment and establish no gun allowed laws but yet they are not allowed to pass laws dealing with immigration, even though they are just passing what is essentially on the books now.
when dealing with immigration and border security, our federal government is a joke, no respect is due to them on this matter. our government has failed us on all aspects dealing with border security and immigration control, and to make matters worse, the government hammers down on anyone who does want to enforce our borders and immigration laws. who is in control here...us or the aliens?
by the way, i must pay $275 more dollars this week to USCIS for my wifes immigration papers, that nice fee is for biometrics and for removal of her conditional residence status. i am sure if i didn't pay that the immigration police would be all over us in a second locking my wife up and deporting her, all in the mean time less than 1 mile from my place the local illegal hangout is growing each month, they wait outside a store in the mornings for people to come by and hire them. when i first got here there was none, that was less than 2 years ago, now there are over 20 out there each morning.
#7
07-27-2007, 06:56 PM
Damn liberal's. When a town gets the cajones to have good laws about illegal's, the liberal's have to scream "unconstitutional'' and its "their right to be here" The hospital in my town of 12,000 is thinking about shutting down, because there are at least 1000 + illegals in town, and they are slowing draining all of the money from the hospital. We need to EXPORT ALL ILLEGAL IMMIGRANTS, and build a wall. If everyone wrote a letter to their Senators/Congressmen, they just might start to listen. It only takes about 10 minutes to write a letter (well it did for me anyway), and then just send one to everypolition you can think of.
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07-27-2007, 06:57 PM
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#9
07-27-2007, 07:06 PM
#10
07-27-2007, 07:57 PM
That's exactly been the tactic of the ACLU........("American" Civil Liberties Union......Huh?!)..........They don't like something the "people" want......Find a friendly Federal judge to strike it down.......They did the same thing with the Props that the voters in California voted for 5 to 10 years ago......(about, again....you guessed it....illegal aliens.....bingo!).......It's long been my opinion that the judicial power has been ceded WAY too much power for the last 30 or 40 years.........
That was part I.......part II will be the overturning of that decision.......That was the district level only.......
State and local jurisdiction DO and CAN enforce federal laws.......Sheriffs Departments all over the country are doing so.......Immigration law doesn't stop at the border.....Soooooooo, by the reckoning of the ACLU, the judge, and immigrant rights groups, if the illegal invaders make it past the first-tier defense (i.e. "the border", the ports, etc.)....that's it......Done......Local jurisdictions can't do "nada" about it........it's allie-allie-in-come-free......We've got to grease up our rear ends, take some muscle relaxers, and bend over and take it and get swamped unless federal agents happen to catch up to the invaders.........We've got to cede our hospitals, schools, housing, social services over to those who have NO right to be here until some g-man comes along and takes them away......Is that it you useless a$$e$ over at the ACLU?....Huh?.....Is that it?.......WRONG!
The only way out of this mess is a new attitude at the federal level (not with THIS president, however), and a mass coordination between federal, state, and local law enforcement........and to stop *****-footin' around with this serious situation.......Illegal immigrants do NOT have the same constitutional rights as citizens....(or those who are here legally......)....that's the biggest myth and load of crap foisted on the country in a long time.......
That was part I.......part II will be the overturning of that decision.......That was the district level only.......
State and local jurisdiction DO and CAN enforce federal laws.......Sheriffs Departments all over the country are doing so.......Immigration law doesn't stop at the border.....Soooooooo, by the reckoning of the ACLU, the judge, and immigrant rights groups, if the illegal invaders make it past the first-tier defense (i.e. "the border", the ports, etc.)....that's it......Done......Local jurisdictions can't do "nada" about it........it's allie-allie-in-come-free......We've got to grease up our rear ends, take some muscle relaxers, and bend over and take it and get swamped unless federal agents happen to catch up to the invaders.........We've got to cede our hospitals, schools, housing, social services over to those who have NO right to be here until some g-man comes along and takes them away......Is that it you useless a$$e$ over at the ACLU?....Huh?.....Is that it?.......WRONG!
The only way out of this mess is a new attitude at the federal level (not with THIS president, however), and a mass coordination between federal, state, and local law enforcement........and to stop *****-footin' around with this serious situation.......Illegal immigrants do NOT have the same constitutional rights as citizens....(or those who are here legally......)....that's the biggest myth and load of crap foisted on the country in a long time.......
#11
07-27-2007, 10:31 PM
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07-27-2007, 10:43 PM
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Originally Posted by cmpd1781
Illegal immigrants do NOT have the same constitutional rights as citizens....(or those who are here legally......)....that's the biggest myth and load of crap foisted on the country in a long time.......
#13
07-28-2007, 10:33 AM
Originally Posted by flathead239
I am surprised it took this long to see this story here...
The justification that it is the federal govt's job to enforce EXISTING immigration laws & not the state's is a **** poor logic to strike down this law.
The justification that it is the federal govt's job to enforce EXISTING immigration laws & not the state's is a **** poor logic to strike down this law.
For what it's worth, his judgement recognizes that the Federal government hasn't enforced the immigration law. I think that is an issue that needs to be put before the court. Why isn't the federal government enforcing the immigration law?
Hazleton has the right idea. But it's something the federal government needs to be doing. Punish the people who hire illegals and help them establish residency in the United States.
The ACLU isn't looking out for anyone but the ACLU. The biggest victory for illegals would be allowing those workers that are needed to enter legally and have the same rights as Americans. As long as the illegal ones are being protected that won't be necessary, and America will continue to be a two-tier society.
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07-28-2007, 12:01 PM
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This is a good reason why the federal court system should be abolished. Allow each state to over see it's self. It makes no sence at all that somone from DC can decide what is right for some hundreds if not thousands of miles away. It's like an Alaskan try to give clothing advise to an Hawian..
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07-28-2007, 01:16 PM
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Originally Posted by Old Rust Bucket
This is a good reason why the federal court system should be abolished. Allow each state to over see it's self. It makes no sence at all that somone from DC can decide what is right for some hundreds if not thousands of miles away. It's like an Alaskan try to give clothing advise to an Hawian..