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Third Circuit Affirms: Hazelton Ordinance is Unconstitutional


Third Circuit Affirms: Hazelton Ordinance is Unconstitutional

On September 9, 2010 the U.S. Court of Appeals for the Third Circuit affirmed a lower court’s finding that Hazelton, Pennsylvania’s “Immigration Relief Act Ordinance” is unconstitutional.  The Court found that the section of the ordinance addressing employment contained provisions that went beyond requirements found in the federal legislation.  In addition, the local ordinance did not clearly define who was an unauthorized worker.  While the Court’s decision in Lozano v. Hazelton may usher in the end of similar ordinances in the United States, Congress’ continued inaction in the area of comprehensive immigration reform may cause local governments to “…continue [their] push to control immigration within…[their] borders.”  For more details on the Hazelton decision, see the complete article at  www.cozen.com.

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