Federal Court Rules Against Hazleton Anti-Immigration Laws
In 2006, the City of Hazleton, Pennsylvania enacted several ordinances to combat its perceived problem with illegal immigration. See Lozano, et al v. Hazleton. In July, Hazleton passed the "Tenant Registration Ordinance" (RO). In September Hazleton passed the "Illegal Immigration Relief Act Ordinance" (IIRA) and the "Official English Ordinance." The U.S. District Court for Eastern Pennsylvania reviewed the RO and the IIRA.
The Court found both ordinances unconstitutional on the principles of preemption and due process. The Supremacy Clause to the United States Constitution declares that federal laws are the supreme law of the land. "The Supremacy clause of the United States Constitution preempts state laws that 'interfere with or are contrary to' federal law."
The federal Immigration and Control Act of 1986 (IRCA) contains a statement expressly forbidding states and local communities from enacting laws regarding the employment of illegal aliens. In the IRCA, Congress prohibited Hazleton from enacting the IIRA.
Both the IIRA and RO stop landlords from renting to illegal aliens. The Pennsylvania Court determined that the housing provisions of the ordinances were implicitly preempted by federal law. A local law is implicitly prohibited if (1) it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress" or (2) it is not possible to comply with both the federal and local law.
The plaintiffs argued that federal laws provide for a conclusive determination of an individual's immigration status and that only the federal government can remove an illegal alien from the country. The federal government can also allow certain aliens to be in the country even though they may not be technically lawfully present. The Hazleton laws prohibiting such people from obtaining housing in the community conflict with federal law.
The Court also held that the Fourteenth Amendment to the U.S. Constitution requires that all persons receive a minimum opportunity to be heard. The Fourteenth Amendment applies to all "persons within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent." Hazleton's laws did not give people accused of being, hiring, or renting to illegal aliens a proper opportunity to defend themselves against the accusation. They could be summarily punished without a sufficient hearing on the matter.
Although this court ruling is only binding in the Eastern District of Pennsylvania, you can bet judges around the country, faced with similar issues, are going to read Judge Munley's opinion.