Federal Judge Blocks Anti-Immigrant Hazleton Ordinance

^{Category: Immigrants' Rights}

The ACLU reports that a federal judge has blocked enforcement of the infamous Hazleton Ordinance.

The ambitious ordinance, passed by the town of Hazleton, Pennsylvania, would require virtually every businessperson in the city to "play it safe" in dealing with anyone who looks or sounds like they might not be native to the United States. The Congressional Research Office (CRO) concluded that the ordinance would violate multiple federal antidiscrimination statutes if put into effect. From the ACLU press release:

Under the ordinance, landlords and business owners would have been obliged to confirm that tenants and customers are legal residents before providing them with any service, even something as simple as selling them a soft drink. The ordinance defines certain persons as “illegal aliens” using a definition so broad that it actually includes lawful residents and naturalized citizens. There is no provision for training business owners and landlords how to decipher complex immigration papers ...

The ACLU and its coalition partners argue that the ordinance violates the U.S. Constitution for several reasons. First, under the Constitution only the federal government, not state or municipal governing bodies, has the authority to regulate immigration. Second, the “English-only” component of the law violates the First Amendment’s guaranteed rights to free speech. Finally, the ordinance also violates business and property owners’ due process rights under the Constitution because it is nearly impossible for them ensure compliance.

This is great news for the immigrants' rights movement, not only because of the immediate effects of the ruling--Hazleton is, after all, a relatively small city--but also because of the national precedent it sets.

Background:

• ACLU Challenges Anti-Immigrant Hazleton Ordinance in Court
• Congressional Research Office Condemns Pennsylvania Town's Anti-Latino Ordinance (see item #3)
• Top 10 Immigrants' Rights Blogs

Alternate Viewpoint:

• ACLU Sues Pennsylvania Town for Stand on Illegal Immigration (Amy Hess / About U.S. Conservatives)