Federal judge blocks Pa. town's crackdown on illegal immigrants

[Drew27k9]

ALLENTOWN, Pa. (AP) A federal judge on Tuesday blocked the city of Hazleton from enforcing a pair of ordinances targeting illegal immigrants, just hours before the measures were to go into effect.

The measures, approved by City Council last month, would have imposed fines on landlords who rent to illegal immigrants and denied business permits to companies that give them jobs. They also would have required tenants to register with City Hall and pay for a rental permit.

U.S. District Judge James Munley ruled that landlords, tenants and businesses that cater to Hispanics faced ``irreparable harm'' from the laws and issued a temporary restraining order blocking their enforcement.

``We find it in the public interest to protect residents' access to homes, education, jobs and businesses,'' he wrote in a 13-page opinion.

Hispanic groups and the ACLU sued Hazleton on Monday, contending that the laws trample on the federal government's exclusive power to regulate immigration.

The plaintiffs include the Hazleton Hispanic Business Association, landlords, a restaurateur and several illegal immigrants facing eviction, including children who attend public schools.

Mayor Lou Barletta, who spearheaded the crackdown, has argued that illegal immigrants have brought an increase in drugs, crime and gangs to the city. The city's lawyers on Tuesday cited a 10 percent increase in crime between 2004 and 2005 as a reason why the ordinances should be enforced.

http://cbs3.com/pennsylvaniawire/PA-...rces_news_html

[WhiteLite]

:rolleyes: Figures.

[future5.0]

I am from Hazleton and this town is running into the ground. A couple of years ago this was a nice place to live. Now with the illegals running up the crime rate it is rediculous. Something needs to be done about this. I supported Mayor Barletta all the way (and I don't even like him):eek: .

[wilkabilly4]

I wonder why we are protecting non citizens when we do not give our own this type of protection????? Kinda backwards to me, but hey, who the heck am I!!!!!

[Sierra]

So, because there was an alleged 10% increase in crime, it must all be the illegal aliens' fault? How was this decided? Did someone actually look at the reports and find that it was all Hispanic actors? What crimes increased? Surely not every stat rose across the board! Every banger out there is an illegal? And there was no corresponding increase in the citizens' use of narcotics? :eek:

As far as the mandatory rental permit goes, that's nuts! I have no pay a fee to be able to rent in your town? Or is it based on my immigration status, the way it appears to be on first and second read? If I am here legally as a citizen, do I still have to pay the fee? The fines imposed on landlords for renting to an illegal is questionable as well. Simply because I own property and rent out an apartment or a house to someone does not mean that I am the federal government and should be checking my tenant's status. If someone establishes their identity and is able to pay for the house, why do I have the burden of proving their legality? And how, exactly, am I to do that? As a private citizen I do not have access to the tools needed to do that and run the risk of lawsuits if I 'profile' my prospective tenants. After all, we aren't talking about checking to see if someone is an illegal Canadian immigrant, are we?

Why are we giving non citizens this kind of protection? Because they are the ones who need it; they are the ones affected by the proposed ordinances. Saying "this law is ok, it only targets illegals" is no better than saying"this law is ok, it only targets blacks / indians / martians/ etc." It is discriminatory.

I am all in favour of enforcing immigration laws and will have no qualms about doing so myself. The law of the land is the law of the land. But to enact a knee-jerk, feel-good measure without due consideration is no solution. This is what the court is doing. If the ordinances are deemed constitutional, they will be allowed to exist. If not, then the local governemtns will be allowed to try again. In the meantime, the people who would be harmed by this are not being run out of town on a rail for having committed no greater crime than having brown skin and looking for a job.

[Ginig]

I am no attorney but I don't believe whether illegal aliens commit state crimes or no't is relevant.

What I believe is relevant is:

1. Does a city have the constitutional right to delve into federal law in this manner?
2. Do these ordinances indirectly affect the constitutional rights of Hispanics/brown people/legal immigrants?

Only if the answer to #1 is yes and #2 is no do I see these ordinances passing constitutional muster.

[JustTheFacts]

The measures, approved by City Council last month, would have imposed fines on landlords who rent to illegal immigrants and denied business permits to companies that give them jobs.

I don't see a problem with this especially since they are illegal immigrants. If they want to live and work in the United States then they should take the proper steps to do so legally.

[acreature]

``We find it in the public interest to protect residents' access to homes, education, jobs and businesses,'' he wrote in a 13-page opinion.

While it may not be the best way to deal with, the Judge contradicted himself....


The Illegals he says he is protecting are NOT residents!

[Sierra]

Again, how is it moving from the federal government's responsibility to that of the landlord or business owner to establish residency? What protection does he have if he is provided with and accepts fake documents? A followup story to the orifginal post also listed a provision that the business owner would have to reimburse the legal residents for wages lost during any shutdown. How is that equitable?

[future5.0]

So, because there was an alleged 10% increase in crime, it must all be the illegal aliens' fault? How was this decided? Did someone actually look at the reports and find that it was all Hispanic actors? What crimes increased? Surely not every stat rose across the board! Every banger out there is an illegal? And there was no corresponding increase in the citizens' use of narcotics? :eek:

As far as the mandatory rental permit goes, that's nuts! I have no pay a fee to be able to rent in your town? Or is it based on my immigration status, the way it appears to be on first and second read? If I am here legally as a citizen, do I still have to pay the fee? The fines imposed on landlords for renting to an illegal is questionable as well. Simply because I own property and rent out an apartment or a house to someone does not mean that I am the federal government and should be checking my tenant's status. If someone establishes their identity and is able to pay for the house, why do I have the burden of proving their legality? And how, exactly, am I to do that? As a private citizen I do not have access to the tools needed to do that and run the risk of lawsuits if I 'profile' my prospective tenants. After all, we aren't talking about checking to see if someone is an illegal Canadian immigrant, are we?

Why are we giving non citizens this kind of protection? Because they are the ones who need it; they are the ones affected by the proposed ordinances. Saying "this law is ok, it only targets illegals" is no better than saying"this law is ok, it only targets blacks / indians / martians/ etc." It is discriminatory.

I am all in favour of enforcing immigration laws and will have no qualms about doing so myself. The law of the land is the law of the land. But to enact a knee-jerk, feel-good measure without due consideration is no solution. This is what the court is doing. If the ordinances are deemed constitutional, they will be allowed to exist. If not, then the local governemtns will be allowed to try again. In the meantime, the people who would be harmed by this are not being run out of town on a rail for having committed no greater crime than having brown skin and looking for a job.

Ok to answer this question. A few years ago we might have had a homicide once maybe twice a year. This year alone there has been about 5 all being commited by "illegal immagrants" and that is just one of the violent crimes that Hazleton has seen a spike in.

Moving on you do not have to be an immagrant of any kind to have to get a renters permit. I was born here and still had to get one.

And for the last statement they are infact breaking a law by being here ILLEGALLY that all there is to it.

I support Barletta at least he is TRYING to do something about one of the problems in America.

[Drew27k9]

And for the last statement they are infact breaking a law by being here ILLEGALLY that all there is to it.

I support Barletta at least he is TRYING to do something about one of the problems in America.

+100

[Drew27k9]

In the meantime, the people who would be harmed by this are not being run out of town on a rail for having committed no greater crime than having brown skin and looking for a job.

[Sierra]

http://www.washingtonpost.com/wp-dyn...103100712.html

(Edited for brevity and to avoid duplication)


On Wednesday, a tough, first-of-its-kind law targeting illegal immigrants was to take effect in this small hillside city in northeastern Pennsylvania. A federal judge on Tuesday blocked the measure for at least two weeks, but the evidence suggests many Hispanics _ illegal or otherwise _ have already left.

That, in turn, has hobbled the city's Hispanic business district, where some shops have closed and others are struggling to stay open.

"Before, it was a nice place," said Soto, 27, who came to the United States from the Dominican Republic a decade ago. "Now, we have a war against us. I am legal but I feel the pressure also."

The ordinance, approved by City Council in September, imposes fines on landlords who rent to illegal immigrants and denies business permits to companies that give them jobs. The law empowers the city to investigate written complaints about a person's immigration status, using a federal database.

At Isabel's Gifts, owner Isabel Rubio said business is so bad that she and her husband have put their house up for sale, moved into an apartment above their store and started dipping into their savings.

"I am in a lot of stress right now," said Rubio, 50, a Colombian who moved to Hazleton 24 years ago. "Every day, we hope to have a good day."

U.S. District Judge James Munley ruled that landlords, tenants and businesses that cater to Hispanics faced "irreparable harm" from the laws and issued a temporary restraining order. He also said the city offered "only vague generalizations" about crime caused by illegal immigrants.

The city, situated 80 miles from Philadelphia, estimates its population has increased from 23,000 to 31,000 over the past six years, with Hispanics now representing 30 percent of the population.

No one knows how many of the new arrivals came to the United States illegally, but assimilating such a large number of people, many of whom speak little English, in such a short amount of time has been difficult.

Police Chief Bob Ferdinand said his officers appear to be responding to fewer calls. But on Oct. 20, a legal immigrant from the Dominican Republic was accused of shooting and killing two Hispanic men, one in the country illegally.

Todd Betterly, 37, who was awakened by the gunshots, said the killings are proof the crackdown is necessary.

"There is absolutely nothing wrong with trying to find out who belongs here and who doesn't," he said. "If we could have stopped one murder by knowing where these people are, isn't it worth it?"

A second ordinance would require tenants to register their name, address and phone number at City Hall and pay $10 for a rental permit. Landlords who fail to make sure their tenants are registered can be fined $1,000, plus a penalty of $250 per tenant per day. The goal is to discourage illegal immigrants from even trying to rent in Hazleton.

A 32-year-old Mexican who slipped into the United States nine years ago to find work said he has no intention of registering.

"What is the mayor gaining by this law? I'm not a drug trafficker, I don't run around in gangs. I do my job and I go home to my family," said the married father of two, who spoke on condition of anonymity because of his immigration status.

Pennsylvania native Kim Lopez and her husband, Rudy, a Mexican immigrant, closed their grocery store Oct. 1 after business tailed off dramatically over the summer. They lost more than $10,000 _ their life savings.

"Everyone was running scared and left town," said Lopez, 39. "We had customers who came in who were legal citizens and they didn't want the harassment and hassle and told us they were leaving."


At the risk of receiving another poptart, I will respond to this.

Future5.0 stated that there were five homicides this year, all attributed to illegal immigrants and that this was just one of the violent crimes that spiked. I have not seen that stats for Hazelton and have no real interest in researching who killed who. It may or may not be deemed germane to this discussion. In the original article posted by Drew27k9, Mayor Barletta is said to have "argued that illegal immigrants have brought an increase in drugs, crime and gangs to the city" with "(t)he city's lawyers ... cit(ing) a 10 percent increase in crime between 2004 and 2005 as a reason why the ordinances should be enforced."

(Justice) "Munley, however, wrote that the city "offers only vague generalizations about the crime allegedly caused by illegal immigrants, but has nothing concrete to back up these claims."" Would it not be safe to assume that the city would have provided information to the courts to support the claim had it been concrete enough? Or that, had the evidence been presented by the city, a Justice would not have written about "vague generalizations"?

Thank you for the clarification regarding the rental permit.

Are there illegal immigrants in Hazelton (and throughout the US)? Yes. Is that breaking the law? Yes. Should it be up to a landlord to determine the immigration status of a prospective resident? No. To an employer? Within reason, yes. However, neither of these groups have (or should have, in my opinion) access to federal databases that can establish that. There are limits to how far the party is able to go to check residency status.

Should it be up to a city council to establish immigration laws? No, as immigration is soley the domain of the federal government. Should local agencies be responsible for the enforcement of immigration law? I do not believe so. I believe there are more pressing issues for the scare resources available to concentrate on.

Should federal immigation laws be enforced? Yes, without a doubt. Should there be reform in the federal immigration laws? Yes. I am very much in favour of reform as well as the establishment of a viable guest worker program.

Drew27k9 found issue with my statement "In the meantime, the people who would be harmed by this are not being run out of town on a rail for having committed no greater crime than having brown skin and looking for a job." The article above, and especially the last two paragraphs support, in my opinion, my assertion. Although these ordinances are about illegal immigrants, they are not the only ones affected by it.

Incidentally, I am neither extremely conservative nor extremely liberal. I prefer to consider myself moderately conservative. There is nothing inherently wrong about being a liberal. I was quite surprised, to say the least, to find Drew27k9's present for me.

I believe the purpose of these forums is to express different viewpoints on topics, not simply those of a conservative mindset, as long as it is done in a mature, adult manner. I do not believe my posts have been overly inflammatory; I apologize if some have viewed them in this manner (none have been reported to me as such). A good thread will bring out both sides of an issue and perhaps make people see a train of thought they had not considered previously.

[Drew27k9]

"Before, it was a nice place," said Soto, 27, who came to the United States from the Dominican Republic a decade ago. "Now, we have a war against us. I am legal but I feel the pressure also."

No, the war is not against "us".It is against the people who are coming into this country illegally. They are criminals.

No one knows how many of the new arrivals came to the United States illegally, but assimilating such a large number of people, many of whom speak little English, in such a short amount of time has been difficult.

OK, now who's fault is it that they don't speak English? This is America, English is our language. If you want to live here, learn the language. I have run across a lot of people who have been in this country for years who couldn't speak English.

A 32-year-old Mexican who slipped into the United States nine years ago to find work said he has no intention of registering.

So do you think that someone who has been in this country for 9 years illegally and admits that he has no intention of registering is not a criminal? You know damn right he is not paying taxes. That is a crime also..

Drew27k9 found issue with my statement "In the meantime, the people who would be harmed by this are not being run out of town on a rail for having committed no greater crime than having brown skin and looking for a job." The article above, and especially the last two paragraphs support, in my opinion, my assertion. Although these ordinances are about illegal immigrants, they are not the only ones affected by it.

I sent you the little present because you are trying to make it a racial issue. Your comment about them having committed no greater crime than having brown skin was crap. They are not being targeted because they have brown skin, they are being targeted for being criminals. That is what they are, plain and simple.

There is nothing inherently wrong about being a liberal.

Sure there is. The liberals are screwing up this great country.

[acreature]

I CAN say with the recent (5yrs) increase in illegal "workers" that have arrived in our County, the Narcotics - Trafficking Charges have increased. What used to be ounces of Cocaine seized has increased to Kilos at a time.

Who has the Kilos when caught? Illegals. It has been very rare to assist with or witness an arrest of a Legal Resident of our Country in my County with a Trafficking amount that wasn't acquired through numerous controlled buys.

"Before, it was a nice place," said Soto, 27, who came to the United States from the Dominican Republic a decade ago. "Now, we have a war against us. I am legal but I feel the pressure also."

"A War against us".... as was said earlier, everyone must abide by the Town ordinance. Not just "Hispanics"

A quote from a friend of mine who married someone from outside of the US. This was published in our local paper...

We will be voting for the candidates who support sensible immigration reform. My wife and I have jumped through all the hoops, paid the hundreds of dollars and met all the requirements to get her here legally and move her along the path to citizenship. This country is held together by the respect for the rule of law and we find the proposed changes to the rules completely irresponsible. Anybody in favor of any proposal that carries a whiff of amnesty will not have our support.

And he is a Liberal.... but has common sense. As do I, and the Majority of Americans, he would support new legislation that would punish not only the illegal, but the citizen who would assist an illegal in staying here.