Dear Mayor,

The United States District Court for the Middle District of Pennsylvania, in a decision handed down Thursday, ruled that the ordinances enacted by the City of Hazelton, aimed at combating what the city viewed as the problems created by the presence of “illegal aliens”, are pre-empted by federal law and unconstitutional.  The Court reconfirmed that Constitutional protections apply to all “‘persons' within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent” and that that matters affecting or involving immigration or immigration status are strictly federal issues.           

The Hazelton ordinances were directed at employers hiring unlawful workers and landlords renting to illegal immigrants.  The ordinances required employers to verify the legal status of their employees or risk having their license to do business revoked. One ordinance prohibited the employment and harboring of undocumented aliens in the City of Hazleton.  Another set of ordinances prohibited landlords from renting to illegal aliens and required apartment dwellers to obtain an occupancy permit. To receive such a permit, tenants had to prove they were citizens or lawful residents.

The Court held that the Immigration Reform and Control Act of 1986 (“IRCA”), prohibiting the employment of unauthorized workers in the US contained an express federal pre-emption clause that pre-empted the Hazelton employment ordinances, even though Hazelton did not impose criminal or civil sanctions.  Hazelton’s penalties included the revocation or denial of the local business license.

The housing ordinance prohibiting landlords from harboring illegal aliens was also struck as being pre-empted by the federal law.  The Registration Ordinance requiring tenants to obtain an “occupancy permit” by supplying “proper identification showing proof of legal citizenship or residency” was held to be in conflict with, and thus pre-empted by, federal immigration law.  Importantly, the Court also held that 42 USC 1981 forbids a municipality from prohibiting undocumented aliens from entering into lease contracts.

The Court did dismiss the plaintiff’s privacy rights complaint and found that the housing ordinance did not on its face violate the Equal Protection Clause or the Fair Housing Act.

To access this case, please go to: http://www.pamd.uscourts.gov/opinions.htm

                                                                        Very truly yours,

                                                                        William G. Dressel, Jr.
                                                                        Executive Director