Hazleton appeals immigration-law decision (Hazleton Standard-Speaker)

BY JILL WHALEN
STAFF WRITER

The city of Hazleton has filed an appeal of U.S. District Judge James M. Munley’s ruling that its Illegal Immigration Relief Act is unconstitutional.

The appeal was filed Thursday with the 3rd Circuit Court of Appeals in Philadelphia.

“I think today further proves that the city of Hazleton is not going to roll over and back down,” Hazleton Mayor Lou Barletta said.

Not only is the city appealing Judge Munley’s main judgment in the case, it is also appealing several of Judge Munley’s pre-trial orders, Mr. Barletta said.

“I feel very confident, and I’m anxious to move this case on to Philadelphia,” Mr. Barletta said.

Hazleton city attorney Kris Kobach said that it will likely take some time before the case is argued and ruled upon.

Mr. Kobach estimated that oral arguments for the appeal would be heard sometime between March and July.

Until that time, the city’s attorneys will be busy submitting briefs and additional paperwork.

Once the case is heard, it will take anywhere from six months to a year for a decision to be rendered, he estimated.

“It’s really hard to predict,” Mr. Kobach said.

Judge Munley issued his main ruling on July 26, saying that federal law prohibits the city from enforcing any provisions of the IIRA.

The law had proposed a crackdown on landlords and employees who did business with illegal immigrants.

In his 206-page opinion, Judge Munley stated that despite the frustrations felt by the city of Hazleton about 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.”

Soon after the ruling, Mr. Barletta and Mr. Kobach promised that the city would appeal the case.

“We expected that it would be difficult to convince Judge Munley,” Mr. Kobach said.

As for the pretrial orders, Mr. Barletta said the city is appealing Judge Munley’s order to keep quiet the identities of the plaintiffs who challenged the IIRA.

“He prohibited the city from learning much from the plaintiffs in the deposition,” Mr. Barletta said, referring to those named only as “John Doe” and “Jane Doe.” The American Civil Liberties Union, Puerto Rican Legal Defense and Education Fund and the Hazleton Hispanic Business Association were also named as plaintiffs to the IIRA challenge.

“We’re also appealing what we thought was a gag order on the city, which prevented us from talking to the federal government,” Mr. Barletta said, referring to the city being prohibited from contacting U.S. Immigration and Customs Enforcement.

“We feel it was a violation of federal law.”

Another pretrial order that is being appealed is a stop on legislative privileges for city council members.