My first post on this subject asked Can a small city in Pennsylvania do something about illegal immigrants? Probably not but Hazelton Mayor Lou Barletta is trying to make it an issue locally. Somehow I'm skeptical of his efforts. As far as I know only the federal government can make and enforce the immigration laws.
Today the Federal Court agreed with me. Simply put, the City of Hazleton exceeded it's authority. A small town in Pennsylvania cannot make immigration policy. Judge Munley cited the Supremacy clause of the Constitution (page 92 of the decision) to strike down the Illegal Immigration Relief Act.
CV: In his decision, Munley contends that all people must have their rights protected regardless of their legality. The ordinance could harm legal residents of the community as well, he ruled.
'“The genius of our Constitution is that it provides rights even to those who evoke the least sympathy from the general public,” he wrote. “Hazleton, in its zeal to control the presence of a group deemed undesirable, violated the rights of such people, as well as others within the community.”
For all the people who say keep saying "illegal is illegal" and think that immigrants don't have constitutional rights this is a lesson in civics. Everyone in the United States has rights. Not that any of you who think otherwise will bother to check it out.
In response to that I say unconstitutional is unconstitutional.
Danny and John have more and Slobby goes into detail.
21 hours ago