Challenge to Hazleton's Anti-Immigrant Ordinance

On July 26, 2007, a federal judge struck down the Hazleton anti-immigrant ordinance. A copy of Judge James Munley's opinion can be found here (749k PDF).

The case is now on appeal before the United States Court of Appeals for the Third Circuit. Both sides have filed their briefs, and both sides are supported by briefs of interested parties, known as briefs amicus curiae. The various briefs are available here.

Oral argument in the case is expected to take place within the next six to nine months before a three-judge panel of the court, which sits in Philadelphia. We will not know until much closer to the date of the argument when it will be, but will post that information here as soon as it is available.

• Press release: Federal Court Strikes Down Discriminatory Anti-Immigrant Law in Hazleton (July 26, 2007)

Background

In October 2006, a federal judge issued a restraining order preventing the town of Hazleton, Pa., from enforcing anti-immigrant legislation that it had enacted in the summer of that year.

Businesses that refuse to comply with the laws and investigate the immigration status of employees and tenants would be fined or denied business permits. The law lacks any provision enabling targets of these investigations to effectively challenge determinations as to their status. The ordinances were slated to go into effect November 1, 2006. The city of Hazelton subsequently passed several new ordinances meant to replace the first set of ordinances, which the court also prevented from going into effect pending a full determination of their validity.

Without citing any evidence, Hazleton officials have blamed many of the town’s ills, including crime and economic burdens, on undocumented immigrants. Supporters of the law have stated that their goal is to drive so-called "illegal aliens" out of town. Many Hispanics, including legal U.S. residents, have already left Hazleton and Hispanic-owned businesses are struggling to stay open, according to business association estimates.

The trial, the first of its kind, was held March 12, in Scranton, PA, and concluded March 22. Judge James M. Munley presided. On July 26, 2007, Judge Munley struck down the Hazleton anti-immigrant ordinance. The case is currently on appeal before the United States Court of Appeals for the Third Circuit.

In addition to the ACLU of Pennsylvania, the plaintiffs are represented by the ACLU's Immigrants' Rights Project, the Puerto Rican Legal Defense and Education Fund, the Community Justice Project, the law firm of Cozen O’Connor and local attorneys George Barron, David Vaida and Barry Dyller.