Testimony: Enforcers received no training (Wilkes-Barre Citizens Voice)

BY WADE MALCOLM
Staff Writer

Despite Hazleton’s intentions to begin enforcing its illegal immigrant control ordinance Nov. 1, city code enforcement officers never received training in how to verify immigration papers, several witnesses testified Friday in the federal court trial of a suit seeking to have the ordinance declared illegal.

City code enforcement officer Rich Wech and Paul Kattner testified they were unfamiliar with how the ordinance would work and what their responsibility would be.

City engineer Bob Dougherty, who supervises the code enforcement office, said he has no procedures in place for how to investigate violations of the ordinance, which aims to punish landlords renting to and businesses hiring illegal immigrants.

U.S. District Judge James M. Munley issued a restraining order in November, blocking enforcement of the ordinance until the suit is decided.

The trial began Monday and is expected to last all of next week.

The attorneys for the groups and individuals suing Hazleton argue the city is ill-prepared to enforce such an ordinance, which would lead to discrimination and violations of due process rights.

A complaint made by a business, city official or even a resident would trigger enforcement of the ordinance. Hazleton’s ordinance states such a complaint cannot be based “solely or primarily” on the basis of race or ethnicity. Those words indicate the complaint can be based partly on those factors, the plaintiffs have argued.

Hazleton City Council held a special meeting Thursday night to take those words out of the ordinance, hoping some of the civil rights claims will be dropped from the lawsuit.

When cross-examined by a plaintiff attorney, Mr. Dougherty said he hasn’t established any standards or guidelines to ensure the complaints are not discriminatory.

But under questioning from city attorney Kris Kobach, Mr. Dougherty said he would develop standards and guidelines if the ordinance is ever enforced.

“We think this is a silly argument,” Mr. Kobach said of the plaintiffs suggesting the city is unprepared. “The only reason the city hasn’t done (anything to prepare) is because of the order.”

The trial recessed early Friday because of the snowstorm. Testimony will resume Monday.