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Measures in Hazleton, Pa., and Riverside head to court.
I guess according to the ACLU, the people of the United States are no longer allowed to enforce the laws of their country. We have laws on the books that are supposed to prevent this invasion of what amounts to modern day slaves, but we aren’t allowed to execute these laws because it might offend the law breakers ….. Absolutely amazing. JD
By Emilie Lounsberry
Inquirer Staff Writer
In the first court challenges to new laws aimed at rooting out illegal immigrants, two lawsuits were filed yesterday targeting ordinances adopted last month in towns in northeastern Pennsylvania and South Jersey.
One suit, filed in U.S. District Court in Scranton, seeks to block the Sept. 11 implementation of the Illegal Immigration Relief Act in Hazleton, Luzerne County.
The other, filed in U.S. District Court in Newark, N.J., focuses on the Burlington County town of Riverside, which passed a similar ordinance.
Hazleton’s law is viewed as one of the toughest measures of its kind in the nation: It sets English as the city’s official language, calls for a $1,000 fine for landlords who rent to illegal immigrants, and allows a five-year suspension of licenses for businesses that employ illegal immigrants.
The Riverside ordinance does not declare an official language, but it does ban hiring or renting to illegal immigrants, with employers and landlords facing a fine of $1,000 for each violation. It also denies business permits and municipal contracts and grants to employers of illegal immigrants.
The ordinances were enacted amid a national debate over how the United States should control its borders, and what to do about immigrants who have come here illegally or have overstayed their legal time here.
Other towns quickly took note. At least three more municipalities – Hazle Township, West Hazleton Borough and Mahanoy City, all in northeastern Pennsylvania – have passed similar ordinances, and others, including Bridgeport in Montgomery County, are weighing whether to adopt such laws.
Towns in Florida, Alabama, California and Massachusetts also are considering local ordinances aimed at cracking down on illegal immigrants, and a town in Missouri has enacted one, according to the Puerto Rican Legal Defense and Education Fund, whose lawyers were among those who filed yesterday’s lawsuit in Scranton.
Hazleton Mayor Lou Barletta called the lawsuit “unfortunate” but pledged to “take this fight to the highest courts.”
“The city has taken what we believe to be proper legal steps in making Hazleton uncomfortable for illegal aliens, who are the root of some of Hazleton’s crimes, without directly infringing on their rights,” Barletta said in a statement yesterday.
Last night, the City Council tentatively approved a substitute ordinance that clarifies some of the language in the original bill but leaves the major provisions in place, the Associated Press reported.
The lawsuit challenging the Hazleton ordinance was filed by 11 Hazleton residents and business owners, along with three nonprofit Latino organizations, and it names the City of Hazleton as the defendant.
The lawsuit says the ordinance is “riddled with constitutional flaws” and ignores the legal doctrine known as “preemption,” holding that only federal authorities can make and enforce immigration policy.
The suit contends that some people who are lawfully in this country, such as some immigrants whose status may be unresolved, are deemed “illegal aliens” under the Hazleton law.
In addition, the court papers say certain people will not be able to live, work or even shop in the city without a U.S. birth certificate or identification papers in hand.
“If the ordinance is allowed to stand, anyone who looks or sounds ‘foreign’ – regardless of their actual immigration status – will not be able to participate meaningfully in life in Hazleton, returning to the days when discriminatory laws forbade certain classes of people from owning land, running businesses or living in certain places,” the suit states.
Tsiwen Law, a Center City lawyer who chairs the Pennsylvania Bar Association’s civil-rights and equal-rights committee and has been an immigrant-rights advocate, said he expected both ordinances to be thrown out as a result of the legal challenges.
Under immigration law, he said, the federal government has the authority to control U.S. borders, and states and municipalities have no right to interfere with immigration policy.
“A little hamlet here or there is not going to be able to tell it [the federal government] what to do. That just doesn’t happen,” Law said. “Preemption is a long-standing doctrine.”
The Hazleton city solicitor, Christopher Slusser, said city officials expected a legal challenge and believe that the law will survive judicial scrutiny.
The New Jersey legal challenge was brought by a Riverside resident, the Assembly of God Church, and the National Coalition of Latino Clergy and Christian Leaders.
The suit names as defendants the Township of Riverside and Mayor Charles F. Hilton Jr., who could not be reached for comment yesterday. Riverside’s solicitor, Doug Heinold, has said that he believed the ordinance would be upheld because it governs township contracts and businesses in the township.
The lawsuit contends that Riverside’s ordinance is vague, does not define illegal alien, and has resulted in confusion.
“Riverside’s ordinance is placing business owners and landlords in a predicament whereby they will be afraid to hire or rent to a legal immigrant who is perceived to be an ‘illegal alien,’ thus giving rise to national origin discrimination,” it contends.

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