Case Summary
Issue:
Whether an ordinance adopted by the City of Hazleton is unconstitutional because it invades an area preempted by the federal government—immigration?
Plaintiff:
Pedro Lozano; Humberto Hernandez; Rosa Lechuga; John Does 1-2; John Doe 3, A Minor, By His Parents; Jane Does 1-3; John Doe 4, A Minor, By His Parents; Brenda Lee Mieles; Casa Dominicana of Hazleton, Inc.; Hazleton Hispanic Business Association; Pennsylvania Statewide Latino Coalition
Defendant:
City of Hazleton, Pennsylvania, represented by MSLF as part of a small legal team
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Case History
Located 80 miles northwest of Philadelphia, Hazleton, Pennsylvania, incorporated in 1857, was home, during the 2000 Census, to fewer than 25,000 citizens. Since that time, however, its population has ballooned to more than 31,000. Most of that number is comprised of those who have entered the country illegally. Given the failure of the federal government to address the issue of illegal immigration and the problems it poses for the tiny, cash-strapped city—including violent crime, crowded schools, hospital costs, and the demand for services—the City Council adopted ordinances to deal with these problems. On September 21, 2006, Hazleton adopted two new separate ordinances—”Illegal Immigration Relief Act” and “Official English Ordinance.” The former passed by a vote of 4-1, the latter unanimously.
On April 15, 2006, the ACLU and other such groups filed a lawsuit against Hazleton. On July 26, 2007, after a two- week trial, the U.S. District Court for the Middle District of Pennsylvania ruled that the Hazleton ordinance invades an area preempted by federal law and is unconstitutional. Hazleton appealed and, after briefing, oral arguments took place before the U.S. Court of Appeals for the Third Circuit on October 30, 2008. On September 9, 2010, the Third Circuit upheld the ruling of the Pennsylvania federal district court. On December 8, 2010, Hazleton filed a petition for writ of certiorari, and on February 22, 2011, a reply to an opposition to certiorari.