A 206-page, 700KB PDF of the decision can be downloaded here. Previous Gaithersblog coverage of the Hazleton trial can be found here.
- Wade Malcolm writes in the Times-Tribune, Hazleton immigration ordinance ruled unconstitutional:
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" aimed at expelling illegal immigrants.
- Steve Mocarsky writes in the Times-Leader, Hazleton immigration ordinance struck down (with decision):
Munley said he will issue a permanent injunction preventing enforcement of the laws which would fine landlords and suspend licenses of businesses found to house or employ illegal immigrants.
Representing several Latino organizations and individual plaintiffs, lawyers from the American Civil Liberties Union and other civil rights groups and private attorneys sued the city in August, claiming Hazleton's immigration laws were unconstitutional.
- AP Writer Michael Rubinkam writes, Judge strikes down Hazleton’s tough anti-illegal immigration law (as carried in the Post-Gazette):
Hazleton Mayor Lou Barletta called the decision bizarre and said he intends to file an appeal.
"Sadly, today’s decision sends the wrong message to elected officials in Washington and elsewhere," he told reporters outside City Hall. "We, the American people, want our cities secured, our borders protected and our citizenship respected. This battle is far from over."
Witold J. Walczak, legal director of the American Civil Liberties Union of Pennsylvania, which represented the plaintiffs, said other cities should take notice.
"This decision should be a blaring red stoplight for local officials thinking of copying Hazleton’s misguided and unconstitutional law," Walczak said.
But the city’s lawyer, Kris Kobach, denounced Munley as an activist judge who ignored Supreme Court precedent and existing federal law, which he said allows municipalities to address the "consequences of illegal immigration."
- Steve Mocarsky writes in the Times-Leader, Attorney for Hazleton calls judge ‘activist,’ vows to appeal immigration suit decision:
AT a 4 p.m. press conference outside City Hall, Kobach said that the judge made some "questionable decisions" in the case, such as allowing some witnesses - believed to be illegal immigrants - to testify anonymously. He said those decisions and Munley’s interpretation of federal law will give the city grounds for appeal to the Third Circuit Court of Appeals in Philadelphia.
Barletta said Munley’s decision was "disappointing, but not unexpected." He urged people from across the country to continue suporting him and the city by sending contributions to the city’s legal defense fund, accessible online at www.smalltowndefenders.com.
- Jon Hurdle writes in Reuters, Court throws out city’s illegal immigration law:
The city of 30,000 blames a recent rise in illegal immigration for boosting crime and overburdening social services. The law was passed in July 2006 but was not implemented because of a court injunction won by opponents.
About a third of the city’s residents are immigrants from Central America and around a quarter of the immigrant population is believed to be undocumented, according to civil rights campaigners.
- Digger writes in the Diggers Realm, Clinton Appointed Judge Rules Against Hazleton:
The ruling comes down as strictly partisan in my eyes and is based on the beliefs of this judge and not on the constitutionality of the ordinance one bit.
Either way the ruling went, in favor of Hazleton or the plaintiffs, they had both stated that they would take it to the next level and all the way to the Supreme Court.
- Judicial Watch writes Clinton Judge Strikes Hazleton Illegal Alien Law:
The blocked law (Illegal Immigration Relief Act) was actually inspired by a pair of illegal immigrants who committed a violent shooting in Hazleton. The measure sought to impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs.
While drafting the legislation, fed up city officials provided crucial data that illustrated how illegal immigrants have overwhelmed the city's police department with drugs, crime and gangs. Furthermore, city lawmakers said they had to take action because the federal government would not.
- The ACLU writes, Federal Court Strikes Down Discriminatory Anti-Immigrant Law in Hazleton, Pennsylvania:
"This ruling strikes a hard blow to the anti-immigrant movement and reinforces important constitutional principles beyond the small town of Hazleton. Political leaders, like Mayor Barletta, must stop scapegoating undocumented immigrants for all the problems we confront in our local communities," said Anthony D. Romero, Executive Director of the ACLU. "It is time to stop promoting discrimination and wrongheaded policies so that we can come together to find a national solution for our country’s immigration issues."