ACLU & Hispanic Groups Files Suit Against Hazelton, PA

Posted on October 31, 2006

Cross Posted from Revealing The ACLU: If you remember from past posts, Hazelton PA has taken a strong stand against Illegal immigration. A city ordinance, passed on September 11th, imposes fines on landlords and employers who rent to or hire illegal immigrants.

Well, the ACLU, after a month of posturing finely filed a suit yesterday and is seeking a temporary restraining order to stop this law from taking being enforced, as plan, on Wednesday.

The following is from the International Herald Tribune:

Lawyers for the ACLU and the Puerto Rican Legal Defense and Education Fund and other groups planned to ask a federal judge for a temporary restraining order to prevent enforcement of the law, set to begin Wednesday.

“Immigration reform is an important issue but if every little town like Hazleton across the 50 states makes up their own rules about immigration, we’re going to be left with an even bigger mess,” said Witold J. Walczak, legal director of the ACLU of Pennsylvania.

Hazleton’s ordinance has spurred dozens of copycat versions in small towns around the United States, as the illegal immigration issue has become a key campaign debate as the country heads into congressional elections next week. Some states and communities are accusing the government of inaction.

The sad part is that I think the ACLU has a case here. Immigration law is commonly addressed at a Federal Level and the state or local governments have very limited authority over Immigration law. I feel the frustration of cities like Hazelton, and can respect the stand they are taking. The ACLU is focusing on the Constitutionality of Hazelton’s move.

In its lawsuit, the ACLU said the Hazleton ordinance and a companion measure violate the Constitution because they step on the federal government’s exclusive power to regulate immigration.

Mayor Lou Barletta, disagreed, saying, “We are not regulating immigration in any way.”

Barletta, who spearheaded the town law, contends illegal immigrants have brought drugs, crime and gangs to the city, overwhelming police and municipal budgets. He announced the crackdown in June, a month after two illegal immigrants from the Dominican Republic were charged with shooting and killing a 29-year-old man.

Barletta said he is convinced the law will be upheld by the courts and the city has assembled a legal team to defend it.

“Hazleton is prepared to fight and we will take this challenge to the highest court in the United States if that’s what it takes to protect our legal citizens and quality of life,” he said.

I wish Hazelton the best – they certainly seem to have the guts so see this through. I respect and admire there position, and hope more cities follow their lead.

» Filed Under ACLU, Border Control/Homeland Security, News, War On Terror

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Comments

6 Responses to “ACLU & Hispanic Groups Files Suit Against Hazelton, PA”

Jay on October 31st, 2006 9:14 am

Thanks Dave, I was just about to post on this. You saved me some time.
Jay on October 31st, 2006 9:21 am

Certainly the Federal Government is not doing enough, and these small towns are left holding the bag. They have unique problems and are trying to solve them individually because the Federal Government isn’t doing its job. The ACLU is for open borders, so don’t buy their B.S. They may have a case, but don’t believe their rhetoric of concern for the problem.
davef on October 31st, 2006 9:36 am

Jay, I agree the ACLU is not on the correct side here. However lets not be to quick to nail The Federal Government (as in Congress) - the last thing we really need is yet another Federal Immigration bill. Instead we need to force ICE and the FBI to aggressively enforce the existing laws.

The Immigration and Nationally Act of 1952, the Immigration Reform and Control Act of 1986 and the and Immigration Marriage Fraud Amendment of 1986 , all provide for penalties, deportation, and criminal charges not just to the Illegal but to those organization and employers who are aiding them. Why the Federal law enforcement community is not pushing forward and aggressively enforcing these laws is the real problem.
kerwin_brown on November 1st, 2006 2:43 am

The local communities should not expect the Federal government to do anything, and they should act on their own as it is their interests and not the interests of the federal government they are protecting.

The question is, will the federal government in the shape of the courts stand in the way?

Here is the only clause of the U.S. Constitution that may apply to this situation.

Article 1 Section 8

“To establish a uniform rule of naturalization, …”

I am kind of curious how the ACLU plans to contort that clause to make their case. I do know this, that after the ACLU does their legal tricks I am always left wondering what constitution they are going by.
tcreek on November 19th, 2006 4:30 pm

There is nothing in the US Constitution that delegates immigration to the US Government. The 10th Amendment is clear that what is not in the Constitution is delegated to the States (eg. Civil Marriage)

The only mention about immigration in the US Constitution is that Congress may setup a method for Naturalization. That is it. The city of Hazelton has a case to have this dismissed if their attorney is smart and well informed.
Larry Jessip on March 20th, 2007 1:35 am

Ah here is a thought for you guys here on this ACLU lawsuit. Have you considered what Article 1 section 10 Paragraph 3 says? And have you considered declaring war?

Clause 3:

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Key words here “unless actually invaded”.

You are being invaded by alien nationals. And according to this section you are duly authorized to take whatever measures necessary to repel this invasion.
Chalk one up for state’s rights.