Lozano v. City of Hazleton

The district court permanently enjoined enforcement of two Hazleton ordinances that attempt to prohibit employment of unauthorized aliens and preclude them from renting housing within the city. The Third Circuit affirmed in 2010. The Supreme Court granted certiorari and remanded for reconsideration in light of Chamber of Commerce v. Whiting, S. Ct. 1968 (2011). The Court later decided Arizona v. United States, 132 S. Ct.2492 (2012). Both address the extent to which federal immigration law preempts state laws pertaining to the treatment of unauthorized aliens. On remand, the Third Circuit again concluded that both the employment and housing provisions of the Hazleton ordinances are preempted by federal immigration law. The employment provisions in the ordinance are distinguishable from the Arizona law upheld in Whiting. The lack of minimal procedural protections in Hazleton’s ordinance conflicts with express congressional objective of minimizing undue burdens on, and harassment of, employers. The rental registration scheme serves no discernible purpose other than to register the immigration status of a subset of the city’s population. The Supreme Court’s reasoning in Whiting and Arizona does not undermine a conclusion that both the employment and housing provisions are preempted. View "Lozano v. City of Hazleton" on Justia Law