Hazleton, PA Court Ruling Reaffirms Regulation of Immigration as Federal Domain

David G. Savage of The Los Angeles Times has a story up on a U.S. 3rd Circuit Court of Appeals decision which struck down a state passed  anti immigrant ordinance.

A city may not punish employers who hire illegal immigrants or landlords who rent to them, the U.S. 3rd Circuit Court of Appeals in Philadelphia ruled Thursday, asserting that immigration is "clearly within the exclusive domain of the federal government."

This particular piece of legislation is seen by many as an antecedent to Arizona's controversial anti-immigrant law SB1070. The court's ruling sends a clear message, the federal government is the sole enforcer of immigration laws:

The decision strikes down an anti-immigrant ordinance adopted four years ago in Hazleton, Pa., that inspired a wave of similar measures elsewhere, including in Arizona. The court's unanimous decision is the latest to send the message that Washington sets the rules on immigration, not states or localities.

"Deciding which aliens may live in the United States has always been the prerogative of the federal government," said Chief Judge Theodore McKee of the appellate court. "If Hazleton can regulate as it has here, then so could every other state or locality."

The court case against the legislation is fairly comprehensive, noting that similar legislation has been struck down elsewhere:

The court cited 11 states and several municipalities, including two in California — Mission Viejo and Escondido — that have passed similar laws to punish illegal immigrants or those who do business with them. Most of those measures have been prevented from taking effect.

However, this is not the final work on employer sanctions, the Supreme Court will hear a case in December on an Arizona law which levies steep fines on employers who hire undocumented immigrants:

The ruling is not the final word on this issue, however. In December, the Supreme Court is set to hear an Arizona case to decide whether a state may take away the business licenses of companies that knowingly hire illegal immigrants.

This law, passed when Democrat Janet Napolitano was Arizona's governor, was upheld by the U.S. 9th Circuit Court of Appeals on the grounds that states traditionally control the licensing of businesses. The Supreme Court's conservative justices may be inclined to give state and local officials more leeway to enforce their own laws on crime, employment or housing.

The court decision can be seen here and a press release from ACLU can be seen here.