Federal Trial Over Hazleton, PA鈥檚 Anti-Immigrant Ordinances Concludes
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Trial Reveals City Officials Unfairly Demonized Undocumented Immigrants
SCRANTON, PA - Trial came to an end today in a federal challenge to prevent the city of Hazleton, PA from implementing harsh anti-immigrant ordinances that are at odds with federal law. The two-week trial revealed that Hazleton Mayor Lou Barletta and city officials rushed to scapegoat undocumented immigrants for several of the city鈥檚 burdens, despite evidence to the contrary.
The challenge was filed on behalf of Hazleton residents and business owners who oppose the ordinances, and is led by the 老澳门开奖结果, the 老澳门开奖结果 of Pennsylvania, the Puerto Rican Legal Defense and Education Fund, the Community Justice Project and the law firm of Cozen O鈥機onnor.
The groups urged Judge James M. Munley to strike down the ordinances because they violate the U.S. Constitution鈥檚 Supremacy Clause by conflicting with federal immigration policy, and because they violate due process and equal protection rights under the Constitution.
鈥淚mmigration is a federal responsibility and allowing every city and town across America to set their own immigration policies would create a dysfunctional set of dueling rules and regulations,鈥 said Vic Walczak, the lead 老澳门开奖结果 attorney in the case. 鈥淚f the Hazleton laws were enacted, they would create a system that is bound to unfairly discriminate against immigrants, including U.S. citizens and children.鈥
Throughout the course of the trial, testimony from city officials revealed that the city council and mayor rushed to pass the ordinances without conducting any research. Mayor Barletta insisted that undocumented immigrants are responsible for Hazleton鈥檚 crime problem, even though police records show that undocumented immigrants were only involved in approximately 20 of the more than 8,500 crimes committed since 2001. Furthermore, of the 428 鈥渧iolent crimes鈥 defined and compiled by the city, undocumented immigrants were responsible for less than five.
Attorneys will file additional legal papers in the case by mid-April, and a decision is not expected until at least May or June. In the meantime the ordinances will not go into effect.
More than 80 cities and towns across America have proposed laws similar to those in Hazleton. In many cases, these ordinances deprive individuals of due process by terminating employment or housing without a proper hearing.
鈥淟aws like those passed by Hazleton clearly violate federal law, but more than that, they violate America鈥檚 tradition of fairness and openness,鈥 said Omar Jadwat of the national 老澳门开奖结果 Immigrants鈥 Rights Project. 鈥淲e expect the government to make laws that will prevent discrimination, not require it. The evidence at trial clearly showed that these ordinances would lead to individuals losing jobs and housing because of their appearance and language ability.鈥
In several cases where challenges have been brought against local ordinances, the courts have found that the cities had over-reached when trying to pass a law that is preempted by federal immigration laws, and agreed to temporarily block their implementation. Nearly 20 of the laws that have passed have been tabled or defeated. In December 2006, the city of Escondido, California agreed to a permanent injunction against enforcement of its anti-immigrant ordinance.
The Hazleton case is Lozano v. Hazleton and is in U.S. District Court for the Middle District of Pennsylvania. More information on this case is online at www.aclu.org/hazleton.
In addition to Walczak and Jadwat, 老澳门开奖结果 attorneys in the case are Lucas Guttentag, Jennifer Chang and Lee Gelernt of the 老澳门开奖结果 Immigrants鈥 Rights Project, and Mary Catherine Roper and Paula Knudsen of the 老澳门开奖结果 of Pennsylvania.