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Pa. Town’s Immigration Law Falls in Court

September 14, 2010
Stephen Dinian
9/10/2010

A federal appeals court on Thursday struck down a Pennsylvania town’s immigration ordinances as infringing on the federal government’s right to control immigration rules, adding more fuel to the heated battle over how far states and localities can go in trying to push out illegal immigrants.

The 3rd U.S. Circuit Court of Appeals ruled that Hazleton, in northeastern Pennsylvania, cannot require landlords to check renters’ immigration status, nor can it require businesses to use an electronic database to check whether potential employees are authorized to work.

The court, based in Philadelphia, said Hazleton’s employment policy tries to enforce one part of federal law but ignores other things Congress took into consideration.

“Hazleton has placed a priority on deterring employment of unauthorized aliens, but failed to concern itself with the costs its ordinance imposes on employers and on work-authorized aliens,” the three-judge panel wrote.

The decision conflicts with a ruling from the 9th U.S. Circuit Court of Appeals, which upheld an Arizona law requiring businesses to use the electronic database, called E-Verify. The federal government considers E-Verify voluntary for most businesses, though it does require the system’s use for federal contractors and subcontractors.

Having conflicting decisions from appeals courts increases the chances that the Supreme Court eventually will decide the cases.

And now… the rest of the story. …..

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