Hazleton PA anti-immigration laws unconstitutional Commentary
Hazleton PA anti-immigration laws unconstitutional
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Jackson Chin [Associate Counsel, Puerto Rican Legal Defense and Education Fund (PRLDEF), currently challenging Hazleton PA illegal immigration laws]: "Plaintiffs counsel have challenged local ordinances in Hazleton, PA based on their unconstitutional and ambitious sweep in attempting to regulate immigrant residents. Misguided at best, these laws are preempted by and violate a number of federal laws. The passage and defense of such local anti-immigrant laws are part of an organized effort by immigration restrictionist lobbies (i.e. FAIR). The fate of these type of xenophobic laws is being watched by other jurisdictions.

The practical consequences of such ordinances have been to promote a climate of fear, and we envision a regime that allows invasions of privacy, violations of due process, and arbitrary discrimination towards those who appear or sound foreign. In addition, the ordinances' imposition of tenant permitting, taking / suspension of landlord licenses, deprivation of owners; rental income, and, imposing monetary sanctions on property owners and local businesses accused of harboring "illegal aliens" (offering rental shelter) are illegal and go beyond the proper exercise of local police powers.

Profound risks and consequences to our plaintiffs (immigrants and children) were noted by Judge James Munley:

"A monetary price cannot be placed on such matters as plaintiffs' housing, livelihood and education. Therefore, monetary damages would not be sufficient to make the plaintiffs whole, and the plaintiffs' risk irreparable injury if the temporary restraining order is not granted."

The court recently extended the TRO order for 120 days to allow parties to conduct discovery and prepare for a merits hearing."

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