- The Washington Times - Monday, January 22, 2007

HAZLETON, Pa. (AP) — Mayor Lou Barletta has led the way on illegal aliens, and towns and cities around the nation have followed him — some right into the courtroom.

Since last summer, when the Republican mayor began his high-profile campaign to rid this small northeastern Pennsylvania city of illegal aliens, more than 100 other municipalities in 27 states have considered laws ranging from penalizing companies that employ illegal aliens to making English the official language.

Opponents of the crackdowns have fought back, mounting a half-dozen legal challenges — all successful — in Hazleton and places such as Valley Park, Mo., and Farmers Branch, Texas. None of those municipalities is enforcing its law.

In some of the cases, state and federal judges have blocked the laws. In the others, the towns themselves have backed down, unwilling or unable to mount expensive legal battles. After a federal judge blocked Escondido, Calif., from fining landlords who rent to illegal aliens, the City Council killed the measure and agreed to pay $90,000 to the opposing lawyers.

In the Valley Park case, St. Louis County Circuit Judge Barbara Wallace issued a restraining order and said there were “big holes” in the city’s ordinance, which would target businesses and landlords.

The American Civil Liberties Union argues the measures trample on the federal government’s exclusive power to regulate immigration. In issuing a temporary restraining order against Hazleton on Oct. 31, U.S. District Judge James Munley said there was a “reasonable probability” its laws would be declared unconstitutional.

According to an analysis by the Center for Community Change, a pro-immigration group based in Washington, 35 towns have approved illegal-alien laws, 35 have defeated them and 35 others have ordinances pending.

Ordinances that have not been challenged are being enforced, though it is too early to tell what effect they are having, said Bob Dane, a spokesman for the Federation for American Immigration Reform, which supports tougher border security and an end to illegal immigration.

Despite the setbacks in communities where legal challenges have been raised, he said his group expects to see more towns pass such laws.

“It’s a reaction to the inaction in Washington, and you’ll continue to see these happen because the local jurisdictions are hit so hard by the cost of illegal immigration,” said Mr. Dane, whose group petitioned Friday to intervene in the Farmers Branch case.

In Hazleton, where Hispanic migrants swelled the population by more than 30 percent, Mr. Barletta is defending his Illegal Immigration Relief Act from a legal challenge filed by the ACLU and Hispanic activist groups.

The law, which the City Council revised four times in an attempt to put it on sounder legal footing, would impose fines on landlords who rent to illegal aliens and deny business permits to companies that give them jobs. A companion ordinance would require tenants to register with City Hall and pay for a rental permit.

The federal judge who blocked Hazleton’s laws dealt the city another setback last month when he refused to order the ACLU to reveal the names of some of the plaintiffs, who had requested anonymity because they are illegal aliens.

“All I want is a fair playing field. It makes it very difficult to prove your case when you don’t know who is suing you,” Mr. Barletta said.

Kris Kobach, a University of Missouri law professor who is defending the ordinances in Hazleton and Valley Park, maintains that his clients have federal law and Supreme Court precedent on their side.

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