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Court Strikes
Hazleton Municipal Ordinances Against Immigrants
Posted
Aug 03, 2007
©MurthyDotCom
A
federal judge of the central Pennsylvania district court struck down
ordinances in the town of Hazleton, Pennsylvania on July 26, 2007. The
ordinances provided for harsh punishment for undocumented foreign nationals
and employers and landlords who provide them with homes and jobs. The city,
and now the entire nation, remains divided over the issue of whether Mayor
Louis J. Barletta had authority to exercise his mayoral power to enact such
ordinances and what the judge's decision is likely to mean for similar local
attempts to control illegal immigration.
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Local Ordinances Ruled Illegal
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Mayor Barletta has proclaimed that his goal in enacting the ordinances was
to make Hazleton "one of the toughest places in the United States." In doing
so, he violated the basic laws that every American should remember. First,
under the doctrine of preemption, the issue of U.S. immigration is a federal
and not a local or state responsibility. The federal government may not be
managing the immigration situation well, but it has not delegated this power
to state governments. Therefore, state governments and their municipalities
are not at liberty to enact laws controlling immigration. Second, the United
States Constitution provides for equal protection to all people within the
U.S.
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Conclusion
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The recent decision is a sobering reminder that the United States is a
country where the rule of law is respected on all levels, whether federal or
local. No one may violate the U.S. Constitution without facing consequences.
All people, whether "legal" or "illegal," have certain inalienable rights
protected by law, and, if adjustments in the legal system are needed, they
should be made in accordance with the existing laws and principles at the
national or federal level.
Copyright © 2007, MURTHY LAW
FIRM. All Rights Reserved
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