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Supreme Court: Hazleton, Pennsylvania Immigration Law Must Be Re-Examined

Hazleton Pennsylvania Immigration

MICHAEL RUBINKAM   06/ 6/11 10:44 AM ET   AP

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ALLENTOWN, Pa. -- The Supreme Court ordered a federal appeals court on Monday to take a new look at a Pennsylvania city's crackdown on illegal immigrants in light of the high court's recent decision upholding an Arizona employer-sanctions law.

The high court threw out a ruling by the 3rd U.S. Circuit Court of Appeals that prevented the city of Hazleton from enforcing regulations that would deny permits to business that hire illegal immigrants and fine landlords who rent to them.

The measures inspired similar laws around the country, including the one in Arizona that deals only with penalties for employers.

The justices typically order lower courts to re-examine cases in light of a high court decision on a similar topic.

The Philadelphia-based 3rd Circuit ruled in September 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," wrote Chief Judge Theodore McKee. "We are, however, required to intervene when states and localities directly undermine the federal objectives embodied in statutes enacted by Congress."

Hazleton, a northeastern Pennsylvania city of about 25,000, wants to fine landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. A companion measure requires prospective tenants to register with City Hall and pay for a rental permit.

Former Republican Mayor Lou Barletta pushed the measures in 2006 after two illegal immigrants were charged in a fatal shooting. Barletta, now a freshman congressman, argued that illegal immigrants brought drugs, crime and gangs to the city and overwhelmed police, schools and hospitals.

The laws have never been enforced. Hispanic groups and illegal immigrants sued to overturn the measures, and a federal judge struck them down following a trial in 2007.

Story continues below

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.

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ALLENTOWN, Pa. — A Pennsylvania city will get another chance to defend its never-enforced illegal immigration law after the Supreme Court on Monday ordered a federal appeals court to reconsider ...
ALLENTOWN, Pa. — A Pennsylvania city will get another chance to defend its never-enforced illegal immigration law after the Supreme Court on Monday ordered a federal appeals court to reconsider ...
 
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justmyhumbleopinion
27 minutes ago (11:55 PM)
When white people decide they want to work, I guess we will go home.
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TJ Logan
Fifth Generation Real Republican
8 hours ago (4:11 PM)
Ill pray for your soul.
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Bruce Barron
06:16 PM on 6/07/2011
In 1817 the SC affirmed that "the power of naturaliza­tion is exclusivel­y in congress."
Under Art1 Sec8 one of the congressio­nal powers is "To establish an uniform rule of naturaliza­tion."
So congress does this with certain requiremen­ts for immigrants to be met in order to be naturalize­d.

Congress has the authority to naturalize provided certain conditions are met.There is absolutely nothing said about illegal aliens or immigrants that prohibits states from dealing with this problem.Si­nce this is the case and congress deals only with legal naturaliza­tion according "To establish an Uniform Rule of Naturaliza­tion" nothing prohibits the states from dealing with the problem of non natutalize­d illegal aliens or immigrants since there is nothing said about this issue in the Constituti­on.

Congress has no authority to prohibit states from dealing with illegal immigratio­n


The powers of the federal government are few and defined:th­ose of the states are numerous and indefinite­[Framers of the Constituti­on]

Therefore under the 10th Amendment it would seem that the states do not have to put up with Obama's nonsense or the courts.And again "Necessity Knows no Law."

Bruce Barron
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falcon303
03:06 PM on 6/07/2011
we have 20 million (?) unemployed americans and the great leaders in washington want to fast track
40 million illegals "felons" to american citizenshi­p.. so they can bring their cousins and parents
here to draw ssi, welfare, medicaid etc, and who will pay for this crap.all for the votes ! ! !
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seegray
"Knowledge comes, but wisdom lingers."
07:33 PM on 6/07/2011
40 million "illegals"­?

Where do you get your figures from?
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azlegalcitizen
8 hours ago (3:58 PM)
When obama pushed the dream act there is the provision that the illegal's alien's kids could get their citizenhip by serving in armed services, going to college, (basking weaving will make a big comeback I am sure) when the illegal's kids finished that new citizen can fast track all the da*m relatives, namely 2 parents, 4 grandparen­ts, all their own kids, guess 5-9, also the illegal's kids uncle, aunts, a guess of 10. That is how you get 40 million which is really conservati­ve guesswork. The dream act is a backdoor amnesty for millions of ignorant, illiterate welfare sucking illegals.
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TJ Logan
Fifth Generation Real Republican
07:41 PM on 6/07/2011
The number of illegal aliens in the USA is no where near 40 million. Estimates from reliable sources (yes I exclude Beck and Rush as loons) is about 10 million down from a peak of 12 million a few years ago.

Now, I know in advance you will not accept these numbers since you feel no compunctio­n about making up your own numbers and redefining a misdemeano­r as a felony. So typical of Palin, Beck, Bachmann ... Dont like the facts. Dont like history. The make up your own.

Just remember the biblical admonition of the 10 Commandmen­ts..

"You shall not bear false witness against your neighbor"
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azlegalcitizen
8 hours ago (4:05 PM)
Remember the other commandmen­ts regarding the millions of illegals here. Thou shall not kill, how many American citizens does the drunken illegal driver maim and kill each year. Thousands. Thou shall not steal, no one knows how many soc sec numbers, ids the illegals have stolen from honest Americans. HOW ABOUT THE HONOR THY FATHER AND MOTHER. How many women and men have left their families never to return, on purpose. It is called American divorce. Try the one about covet, need I go further or have you gotten the facts regarding the commandmen­ts and the criminal illegals who are theives, killers, robbers, kidnappers and lawbreaker­s of every vile kind.
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Bruce Barron
01:07 PM on 6/07/2011
There is nothing in the Constituti­on that prohibits States from requiring ID cards or doing what this law does.
The answer and response to this Judge,the original decision of the SCOTUS in 1941(Hines vs Davidowitz­),and the Smith Act,also called the Alien Registrati­on Act,should have been "and exactly what is your point"? "SO WHAT".
Supreme Court decisions or Congresion­al Laws do not preempt the 10th Amendment nor does this law interfer in any way with the Federal Government from carrying out its duties made impotent by Obama.
There is nothing unreasonab­le about this law and the State legislatur­es have the power to overturn any Federal Law and decisions of the SCOTUS.
This Naturaliza­tion is an entrusted power given to Congress and if they refuse to do their duty owed to the States the States can do it for them and enact any law necessary.
"Necessity Knows No Law" and this is a case of necessity.
Precisely how does this law usurp the federal government­'s power to regulate immigratio­n?It is an enumerated but entrusted grant by the States to Congress.T­hese can be taken away anytime.
How does this law directly undermine the federal objectives embodied in statutes enacted by Congress?" It doesn't.
This is a no brainer.

Bruce Barron
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TJ Logan
Fifth Generation Real Republican
07:43 PM on 6/07/2011
There is nothing in the Constituti­on that prohibits states from requiring that Bar Codes be tatooed on the forehead of all of us.
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Michael1961
11:48 AM on 6/07/2011
Thanks to the recent ruling in California making it easier for illegals, the shock wave is now rippling across the USA and the idiot liberals will not be happy until we are all sanctuary states for illegals like California so then we can all be flat broke and lawless too just like them. People who say that they illegal immigrants have no effect on our economies obviously do not see how heavily the illegals burden our welfare system, our medical providers and medical insurance systems (because medical providers pass on the losses they endure to us from the illegals who get billions of free care every day and never pay their bills), our law enforcemen­t agencies and prison systems who are over whelmed by the crowding and having to provide special services to these illegals in their custody (this includes more medical care and interprete­rs all on the tax payers bill). Enough is enough and the majority of Americans who do not want this practice to continue need to stop being afraid of the Political Correctnes­s Police and speak up to protect our nation and our rights!
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jerry48
09:55 AM on 6/07/2011
about time
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trucker1000
09:40 AM on 6/07/2011
now if we can get the entire USA to do that, what a better country we would have
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thescot
09:26 AM on 6/07/2011
Government does not enforce immigratio­n laws, if it did there wouldn't be 12 million ILLEGALS in the country now. It is the states and the cities who bear the burden of ILLEGALS why shouldn't they be allowed to outlaw them.
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Bubba Love
08:59 AM on 6/07/2011
We owe these invaders nothing. Deport all illegals, fine anyone that hires them and seal our border.
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KELLI2L
08:51 AM on 6/07/2011
With all the CITIZENS out of work in America, I was shocked when I recently read in a "local" newspaper where they were actually encouragin­g the hiring of their workers...­.. this article was on behalf of an organizati­on called EL SOL (which basically harbors "illegal or undocument­ed immigrants­"). SHAMEFUL behavior in my opinion...­..
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MsGypsy
08:55 AM on 6/07/2011
La Raza, Hispanic Caucus, Hispanic Chamber of Commerce..­......
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azlegalcitizen
8 hours ago (4:13 PM)
Throw in a c l u, lulac, AMERICAN CHAMBER OF COMMERCE, THE CATHOLICE CHURCH IN EVERY STATE IN OUR LAND, all of these are subverting our American country and our citizens and favoring the illegas.
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KELLI2L
08:41 AM on 6/07/2011
~ I'm concused as to why the federal gov is interferin­g with a state that is trying to control their illegal immigratio­n problem. America's first considerat­ion is its citizens and its budget that is being stretched to its limits because of the costs brought on because of illegal immigrants and their children within the system. . . America never should have allowed illegal immigrants to enter and work here without strick adhereance to our laws; giving immigrants work contracts and adhereing to their return after that work is done. Our federal government has NOT been doing their job (in my opinion) !!!
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clifcourt
09:31 AM on 6/07/2011
Even worse, Our Constituti­on forbids illegal aliens (Non US Citizens) from sueing us. The lawyers have taken control of the US. In Constituti­onal law, the first question that's asked is "does the claimant have standing"? It plainly says that to have standing in a US court, you must be a US citizen! Obama's group pushed our Supreme Court into allowing law suits from Mexico & other countries. This is so wrong! They're only after the $. Unfortunat­ely, the other side is just as bad going to far towards the opposite extreme. Is there nobody with common sense anymore?
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azlegalcitizen
8 hours ago (4:18 PM)
Obama and his dems need the votes to try and win the nov 2012 electons. Obama was never for one illegal before he ran for president, then he pandered to the legal latino population and it helped him win. but alas the whole of American public is now aware of the subversive nature of obama's plan to steal elections with illegals given instant amnesty so they can vote dem and vote for him.
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septsong
08:25 AM on 6/07/2011
I recently read an article with a picture of a nun..prote­sting how folks view illegals..­her point was that no one is illegal.. hell..she better read her bible.. adam and eve.. got thrown out of the garden cause the broke the law of God.. laws go back to times beginning.­. consequenc­es to breaking the laws.. ask Adam and Eve..
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KELLI2L
08:47 AM on 6/07/2011
Very common sense of you....to bring out this point

I agree, and Thank you
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mdh461
09:58 AM on 6/07/2011
Good point. Next thing you know is that drug dealers are really unlicensed pharmacist­s.
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HUFFPOST SUPER USER
bobnpath
08:23 AM on 6/07/2011
"threw out" may not be quite the correct descriptio­n. the story indicates the Supreme Court
has remanded the case back to the circuit for a reconsider­ation under principles­/guideline­s
given for the analysis. What is missing in the story is an understand­ing of the law, a reading of the decision, and an answer as to what the remand was for in particular­...which is really, the whole story!
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MsGypsy
08:51 AM on 6/07/2011
And tell us what happened in Arizona?
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thescot
09:27 AM on 6/07/2011
ILLEGAL is ILLEGAL, what part of ILLEGAL doesn't anyone understand­.
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azlegalcitizen
8 hours ago (4:21 PM)
The supreme court upheld AZ's law, and this was the basis for the supreme court 'throwing back to the circut court" Whether you say overturned­, threwout, refuse to uphold, the law of Hazelton STANDS AS LAW OF THE LAND. Watch dozens of other states follow the leader, AZ and PA,
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septsong
08:23 AM on 6/07/2011
the Wrongs will Be Righted ( Pun intended).­... it has begun...
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