Hazleton has the right to act on illegal immigration Commentary
Hazleton has the right to act on illegal immigration
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William Perry Pendley [President and Chief Legal Officer, Mountain States Legal Foundation]: "Mountain States Legal Foundation (MSLF) has agreed to represent Hazleton, Pennsylvania to defend its efforts to reduce the impact on the community from the presence of illegal immigrants. MSLF was successful in its defense of the ability of the people of Arizona to take similar action when MSLF prevailed on behalf of proponents of a ballot initiative that denied illegal immigrants various tax-payer funded "benefits" and required positive proof of an individual's right to vote. In the latter matter, the Supreme Court recently ruled, 9-0, that Arizona could require such proof on Election Day 2006.

MSLF believes Hazleton has the right to take the action that it did. The Supreme Court has ruled that the sole immigration issues preempted by Congress, that is, barred under the Supremacy Clause, are (1) who may enter the United States; and (2) under what circumstances may they stay. Hazleton does not address either issue. Plus, we believe the many of the plaintiffs in the case lack standing to proceed with their claims or their claims are not ripe.

Hundreds of communities that have been affected adversely by the presence of those illegally in this country are watching this matter very closely. The language by those opposed to Hazleton's actions has been harsh indeed; however, the law is clearly on the side of Hazleton."

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