Friday, July 27, 2007
Federal judge strikes down Pennsylvania rental ban, similar to Farmers Branch’s
Hazelton, PA had passed an ordinance to punish landlords and company owners who give homes/jobs to illegal immigrants. Sound familiar? But now the ordinance in Pennsylvania has been "voided" by a federal judge. U.S. District Judge James Munley struck down the ordinance based on testimony presented over a nine-day hearing back in March. The Pennsylvania ACLU website has the following portions of Judge Munley's ruling posted:
Whatever frustrations officials of the City of Hazleton may feel about the current state of federal immigration enforcement, the nature of the political system in the United States prohibits the City from enacting ordinances that disrupt a carefully drawn federal statutory scheme. Even if federal law did not conflict with Hazleton's measures, the City could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not...
We cannot say clearly enough that persons who enter this country without legal authorization are not stripped immediately of all their rights because of this single act … The United States Supreme Court has consistently interpreted [the 14th Amendment] to apply to all people present in the United States, whether they were born here, immigrated here through legal means, or violated federal law to enter the country.
Omar Jadwat of the ACLU Immigrants' Rights Project said of the ruling: "Today’s decision sends an unmistakable message to local officials across the nation that these types of ordinances are a waste of taxpayer money, anathema to American values and a violation of the Constitution."
Doubtful, however, as Farmers Branch City Council member Tim O'Hare told sources that Farmers Branch would continue to seek ways to make illegal immigration difficult in his thriving metropolis. On the other hand, FB Mayor Bob Phelps continues to speak out against the rental ban.
Posted by Erin
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Carson says:
I'm not so sure the overturning of the Hazleton ordinance has anything to do with being unconstitutional. I mean look at whom we are dealing with here. The Federal Government routinely violates the U.S. Constitution.
It is all about taking what they want.
When they seized control of California, after the passing of Proposition 187, they claimed it was unconstitutional. Then they had someone park it on their desk to keep it from moving up through the courts.
We have been dictated to ever since.
I wish you all luck with your attempt to restore law and order. Be ready to act. You've seen recent history unfold before you. We have no excuse like that we forgot!
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