The Hazleton Case: The People vs. the ACLU

Louis Barletta, the Mayor of Hazleton, Pennsylvania, has thrown down the gauntlet to those who think America belongs to anyone who can walk across the border. The ACLU and a Puerto Rican group have taken up the challenge. And the Mayor has upped the ante by hiring as defense counsel the former head of immigration in the Department of Justice.

Step one in this legal clash, likely to go to the US Supreme Court, was a series of three ordinances passed in Hazleton. Propelled by several local crimes apparently committed by illegal aliens, and inspired by the Mayor, the City Council decided to fine landlords who knowingly rent space to illegal aliens. It also decided to deny licenses to local businesses which knowingly hire such aliens. Lastly, it declared that English would be the official language of the town.

Step two is the federal suit filed by the American Civil Liberties Union (ACLU) against the town, claiming that it was “unconstitutionally” seeking “to enforce immigration laws.” Joining the ACLU in filing the case was the Puerto Rican Legal Defense and Education Fund. This is an odd partner because legal residents of Puerto Rico are American citizens. Laws directed at illegal aliens don’t application to them.

Step three in many ACLU challenges to local laws and actions is frequently capitulation by the local officials. Often when the ACLU files suit, sometimes when it only threatens to file suit, local officials cave to the pressure, and throw in the towel. This is due to the threat of budget-busting legal fees, both to defend the local decisions and to pay court-ordered fees to the ACLU.

In this case, Hazleton has not caved. Quite the contrary, it has girded its loins for battle. It has engaged as chief defense counsel, Kris W. Kobach,, formerly Attorney General John Ashcroft’s chief adviser on immigration law. Also, Mountain States Legal Foundation and the Federation for American Immigration Reform. have volunteered staff and lawyers to defend the town’s position.

What is the likely fate of the three ordinances? Easiest to predict is English as the official language. Several states have passed such laws. Legal challenges have been brought and decided. So long as the town’s ordinances have the usual escape clauses for emergencies – medical care, appearances in court, etc. – this law will be found constitutional.

The ordinance on landlords should also be upheld, Though the ACLU claims that the town is “enforcing immigration law,” the effects of this law are entirely within city limits. Regulation of a town’s housing stock for the health and safety of its residents has been a normal function of municipal government since the Middle Ages, in England.

The ordinance on business licenses should also be upheld. Again, the licensing of local businesses for the health and welfare of local residents has been a normal power of municipal governments for centuries.

Providing for the welfare of local citizens is the very essence of municipal government. The ACLU effort to replace government by the town council with government by an unelected judge is a direct attack on the civil rights of all citizens of Hazleton. The court which ultimately dismisses the ACLU attack on Hazleton should also award serious fees and costs against the ACLU and the Puerto Rican group in favor of the town and its beleaguered taxpayers.

What are the larger consequences of this legal war against Hazleton’s ordinances? Hazleton has a population of only 30,000. Compared to America’s more than 300 million residents, including an estimated 11 million illegal aliens, Hazleton is a drop in the bucket.

Many other towns have picked up on what Hazleton is doing. Some have introduced or passed similar laws. Others are interested, but are holding back – out of the ACLU line of fire until the Hazleton case has been won. More and more cities and states may adopt Hazleton-like laws. The crimes and public service costs of illegal aliens would then be concentrated more and more in cities and states who make themselves “sanctuaries” for illegal aliens.

The ultimate effect of this small case in a small town could be enormous. It could generate from the grass roots, the pressure on Congress to deal with the problem of illegal aliens, rather than speak platitudes and duck the problem for another generation.

About the Author: John Armor has practiced in the US Supreme Court for 33 years. John_Armor@aya.yale.edu This article was written on behalf of the American Civil Rights Union, www.theacru.org

Here is some information about Hazleton and the attorneys the mayor has hired.

Barletta reinforced to defend law
August 21, 2006

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Barletta said he will continue to solicit donations for the Hazleton Legal Defense Fun through the Web site www.smalltowndefenders.com to cover Kobach's fees. If the city loses the lawsuit, it could be responsible for paying the plaintiffs' legal fees as well.

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In a telephone interview on Sunday, Kobach said he decided to honor Barletta's request to take the case because he's "been involved in immigration law enforcement for a long time, both in the U.S. Department of Justice, and as a private attorney who believes we need to enforce our immigration laws."

"When Hazleton took the lead in passing this ordinance, I felt it was important to be defended and wanted to offer my services to do so," Kobach said.

"I believe that discouraging employers from hiring illegal aliens is one of the most important things that a local or state entity can do to support the federal government in restoring the rule of law in immigration. Jobs are the magnets that lure illegal aliens into this country," Kobach said.

Regarding the landlord provisions in the ordinance, Kobach said that "for decades, it has been a crime under federal law to harbor illegal aliens. A fundamental component of harboring is knowingly providing housing to illegal aliens. And this local statute reinforces federal law in that respect."

And regarding English as the official language of the city, Kobach said "more than 20 states already have a law on the books making English the official language of the state. Those laws have been tested in court and they have been upheld."

Kobach said he agreed to accept reduced rates for his legal fees because "Hazleton is not a big city and does not have legions of lawyers and the kind of tax base to throw tons of money at this. I wanted to help in any way that I can, and one way is to offer a rate that's less expensive than a Philadelphia law firm."

Fortunately for Barletta and the city's coffers, officials from the Mountain States Legal Foundation and the Federation for American Immigration Reform, or FAIR, have offered free additional legal assistance.

FAIR's Web site identifies it as an immigration reform group whose 200,000 members and supporters fund "research, public education, media outreach, grassroots organizing, government relations, litigation and advocacy at the national, state and local levels."

The site boasts that FAIR's publications and research are used by academics and government officials in preparing new legislation, and that the organization has been called to testify on immigration bills before Congress more than any organization in America.

Barletta said Kobach had been in contact with FAIR officials during the weekend, and they have signed on board. Mountain States, according to its Web site, is "a nonprofit, public interest law firm" that "undertakes nationally significant public interest litigation, throughout the country, without charge on behalf of deserving clients."

Current high-profile cases in which Mountain States is assisting in the representation of government entities include:

• Maria Gonzalez and others versus the state of Arizona and others – at issue is whether Arizona may require proof positive of U.S. citizenship in order to vote in state elections.

Barletta said Mountain States' president and chief legal officer William Perry Pendley flew in from Colorado and met with him on Friday to discuss the case. "I believe this is the best immigration law team we could put together. They're the top in their field and have vast experience in the issue," Barletta said.

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