"Supreme Court Voids Ruling Against Hazletonâ??s Immigration Law"

Hi Gang:
This evening I received a number of e-mails and phone calls about the decision 5 / 3 by the United States Supreme Court to remand the decision by the lower federal court in Hazleton, Pennsylvania that had blocked immigration the ordinances passed by the government of that beleaguered city.
I have provided you with two of the news articles that reported on the high court’s decision.
As you may know, I was the final expert witness called at that trial in 2007.  
My testimony was, as you probably expect, in support of the ordinances comprehended under the “Illegal Immigration Relief Act” that were intended to block the employment of illegal aliens in that small town in Pennsylvania and to also prevent illegal aliens from being able to rent housing in that town.
Here is a copy of City of Hazleton’s Proposed Findings of Fact and Legal Brief.
While the battle is far from over, this decision should encourage all of us that local governments do have the right to provide for the well being of the folks who live in communities and cities across the nation from the multitude of problems created by the massive influx of illegal aliens whose willingness to work for substandard wages under illegally substandard conditions for unscrupulous employers cause United States citizens and lawful immigrants to lose their jobs.  Furthermore the massive influx of exploitable workers drive down wages and worsen working conditions for workers across our nation.
It is also important to remember that illegal aliens  whose true identities, backgrounds, intentions and potential affiliation with criminal and/or terrorist organizations are unknown and unknowable threatens national security and the safety of citizens and, indeed, all who are present in our country.
This position is not “anti-immigrant” as the open borders advocates would have you believe.  In fact, it is often the members of the immigrant communities who are at greatest risk of violence that is perpetrated by transnational criminals and cartel members from every country on this planet.
In considering the dangers that illegal aliens pose to the safety and well being of our nation and our citizens, you need only consider the categories of aliens whose admission into the United States is supposed to be prevented by the inspection process.
Here is a link to Title 8, United States Code, Section 212,  the section of the Immigration and Nationality Act that enumerates the various categories of aliens who are statutorily ineligible to enter the United States:  
In reviewing the various categories of aliens who are supposed to be prevented from entering the United States include aliens who suffer from dangerous communicable diseases, aliens who suffer mental illness and are prone to violence aliens who are convicted felons, aliens who traffic in narcotics or human beings, aliens who are war criminals or who have committed human rights violations, are engaged in terrorism or in espionage.  The list is far longer and you can read all of these reasons that under the law, aliens are supposed to be prevented from entering our country or may be removed (deported) from our country.  This section of law is designed to protect our nation and all those who are present in the United States.  This section of law is no mere technicality but is of extremely great importance.
It is also important to remember another serious national security issue to aliens who run our nation’s borders- by evading the inspections process, there is no way of our government to know that these aliens are in our country.  No record is made of their entry into our country.  This not only creates a huge problem for national security but creates another important problem for us all, as well.  When an alien runs our nation’s borders he (she) is not fingerprinted as are all other aliens who enter the United States via the inspections process.  This means that an alien who is arrested by local police or other law enforcement agencies may succeed in “getting over” and falsely claiming to be a United States citizen.  This would enable such an individual who should be deported from the United States upon completion of serving out a jail sentence after being convicted of committing a felony, to simply be turned loose on the street where he may commit more crimes.
On May 24, 2011, ICE (Immigration and Customs Enforcement) issued a press release that announced that a citizen of Mexico who had been arrested in the United States for committing felonies was being turned over to Mexican law enforcement authorities so that he could stand trial for a murder he is alleged to have committed.  That press release contained a number of disturbing statistics as to how many criminal aliens had been apprehended in the United States and deported (removed) from the United States.
Here is the link to that press release:
Here is that statistics-laden quote from that press release:
                                                                                                                  *****************************
“Between Oct. 1, 2010 and April 30, ICE returned to their countries of origin more than 215,900 aliens, including 109,700 aliens with criminal convictions. Of those, 585 were convicted of homicide, 3,177 were convicted sex offenders, and 24,593 were convicted of serious drug offenses.”

                                                                                                                   *****************************

When I was growing up in Brooklyn, I remember my parents imparting so much of their wisdom that they acquired by the tough lives that they lived.  They were wonderful parents who told me that the day would come when I would have to face the world on my own and that I better be up to the challenge.  Tragically, they both died of cancer while I was still a college student- I was on my own far sooner than I would have wished!

Among the phrases that they used to provide me with guidance was a very simple one, “If you want something done right, do it yourself!”

The City of Hazleton along with the state of Arizona and other states and municipalities have understandably come to the conclusion that the federal government will not secure our nation’s borders and will not mount a credible effort to enforce the immigration laws from within the interior of the United States.  These failures by the federal government are costing the lives of our citizens and others who are present in our country virtually every day!  While declaring that our borders are safer than they have ever been, Janet Napolitano, the Secretary of Homeland Surrender, as I have come to call her agency, also acknowledges that hundreds of American cities are now infested by members of the highly violent Mexican drug cartels and still other transnational gangs and criminal organizations from the four corners of the globe have set up shop in cities across this nation, from coast to coast and border to border.

The actions of the political leaders of the City of Hazleton and other cities and states, run parallel to the sage advice I was given by my parents many years ago!

As potential candidates for the office of President begin to emerge and other candidates for other elected offices announce their intentions, it is absolutely essential that we do everything that we can to have our voices heard!

The effective enforcement and administration of our nation’s immigration laws are, arguably, among the most important of all missions that are supposed to be carried out by our federal government.  
Nothing less than the security of our nation and safety of our citizens hang in the balance!
A country without secure borders can no more stand than can a house without walls!

I

our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.  
My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.
The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.
If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same.  We need to create a “Bucket Brigade of Truth!”

The practice of good citizenship does not end in the voting booth, it only begins there.

The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!


The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.  I implore you to get involved!
I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world.  However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels or members of other transnational gangs or members of al-Qaeda!

If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation! 

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

-michael cutler- 



The tide is turning in the battle over illegal immigration.

It appears that last month’s Supreme Court ruling upholding
Arizona’s E-Verify law will precipitate a potent counteroffensive
against the illegal immigration judicial defense industry.

In light of the Court’s 5-3 decision validating the right of state
and local governments to impose penalties on employers who hire illegal
aliens, the
high court vitiated a ruling against a similar ordinance passed by government officials in Hazleton, Pennsylvania.

In 2006, following a sharp spike in violent crime perpetrated by
illegal aliens, Mayor Lou Barletta (now a Republican congressman)
signed an ordinance prohibiting landlords from renting to illegals and
employers from hiring them.  Under the Hazleton Immigration Relief Act,
renters and employers who failed to verify the  immigration status of
renters and employees would face fines or suspension of business and
rental licenses.  This law was the impetus for dozens of subsequent
efforts by states and municipalities to curb their growing illegal
immigration problem.

Hazleton was challenged with well funded legal action by an unholy
alliance of the ACLU, special interest legal defense groups, and the
Chamber of Commerce.  In 2007, the law was struck down by a federal
district judge on the premise that the law was preempted by federal
immigration law (Hazleton v. Lozano (10-772)).  Last September, the
Third Circuit Court of Appeals upheld the lower court’s preemption
argument against Hazleton.  Today, the Supreme Court voided the
Appellate Court’s ruling and remanded the case to the
Philadelphia-based court for further review.  This from
Fox News:

The case will now be sent back to the Third Circuit with
instructions to review the matter given the court’s ruling in a nearly
identical case that a closely divided court resolved in May. That
decision said Arizona could pass laws revoking the business licenses of
employers who willfully hired illegals.

Both cases focused on the compulsory use of the federal E-Verify
database, which tracks the immigration status of millions of people.
The high court, in a 5-3 ruling, said state governments can force the
use of the system even though Congress has never mandated its use.


Today’s ruling is a very salient victory for supporters of our
sovereignty and the rule of law.  Hazleton was one of the earlier
battlegrounds in the fight against illegal immigration and has inspired
many other local governments to complete the job that the federal
government refuses to do.

Unfortunately, fifth columnists in this country, led by the ACLU,
employed a strategy to deter other states and municipalities from
enforcing immigration laws.  Beginning with Hazleton, these affluent
and belligerent public interest law groups, funded by the unlimited
resources of radical philanthropists, filed lawsuits against every
municipality which sought to protect its residents from the vices of
illegal immigration.

Most local governments lack the sufficient funds to fend off costly
and lengthy lawsuits from those with unlimited resources and nothing to
lose.  Additionally, due to the inevitable injunctions that were
issued against the enforcement laws during the judicial process, they
have been forced to wait 4-5 years just for their laws to take effect. 
This served as a deterrent for other localities that desired to enact
similar legislation.

We are now seeing a turning point in the battle for our right to
self determination against foreign invaders.  The Supreme Court’s
unequivocal endorsement of state enforcement of immigration law will
now provide inviolable case law for lower courts to use in upholding
local E-Verify ordinances.  The latest rulings from the Supreme Court
will pave the road for future ACLU lawsuits to be tossed out early and
often and condemned as frivolous lawsuits.

These virtuous rulings from the highest court in the land could not
come at a better time.  Following historic victories during last year’s
midterm elections, newly bolstered Republican majorities in state
legislatures across the country are seeking to crack down on illegal
immigration.  They are passing laws which mirror the employer
enforcement law of Hazleton as well Arizona’s SB 1070, authorizing
local law enforcement to combat illegal immigration.  According to the
National Conference of State Legislatures, in recent years, well over 1,000 immigration related bills have been introduced in state legislatures each year.  Georgia and Alabama are the latest battlegrounds in the fight for state enforcement of immigration law.

The lawsuits against E-verify laws are all but dead now, while the
success of lawsuits against SB 1070-style legislation is pending review
from the Supreme Court.  Judging from the Court’s categorical
rejection of the preemption argument in the E-verify case, the
prognosis for SB 1070 seems quite promising.

The tide is clearly turning in the battle over illegal immigration,
and the ACLU is on the wrong side.  Those who seek full-time employment
subverting our immigration laws, might want to search for a different
line of work; possibly a job that most normal patriotic Americans would
do.  Their defense of the indefensible will stop at the Supreme Court
this year.

The Republican presidential candidates must reject the naysayers in
the party establishment and run strongly and intrepidly on the illegal
immigration issue.  It is clearly a winning issue with the broad
electorate.

As we continue to succeed in taking control of our immigration
system from unaccountable and officious lawyers, we should borrow the
rallying cry of Sam Houston during the incipient years of our border
wars: “remember Hazleton!”


Supreme Court Tells Court to Reconsider Hazleton Immigration Regulations

      Politics

Supreme Court Tells Court to Reconsider Hazleton Immigration Regulations


Published June 06, 2011

| Fox News Latino


In another nod to local and state officials who want to take immigration matters into their own hands, the U.S. Supreme Court, on Monday, rejected a lower court ruling that blocked Hazleton, Pa.’s efforts to crack down on undocumented immigrants.

The Supreme Court ordered the 3d U.S. Circuit Court of Appeals to
take another look at Hazleton’s regulations that would deny permits to
business that hire undocumented immigrants and fine landlords who rent
to them.

The high court’s move comes on the heels of another ruling that
upheld Arizona’s law imposing sanctions on employers who hire
undocumented immigrants.

Years before Arizona’s headline-grabbing laws taking a hard-line on
illegal immigration, Hazleton’s Illegal Immigration Relief Act sparked
debates nationwide and inspired similar laws around the country,
including the one in Arizona that deals only with penalties for
employers.

“Hazleton has paved the way for other cities and states across the
country to enact similar laws, so this is a great day for all of those
cities and states, and for the people of Hazleton who had to endure
criticism from those who opposed what we were trying to do because the
federal government didn’t want do its job,” said U.S. Rep. Lou Barletta,
Hazleton’s former mayor, who pushed through the measures in 2006.

Hazleton, a northeastern Pennsylvania city of about 25,000, wants to
fine landlords who rent to undocumented immigrants and deny business
permits to companies that give them jobs. A companion measure requires
prospective tenants to register with City Hall and pay for a rental
permit.

Barletta advocated for the measures after two undocumented immigrants
were charged in a fatal shooting. Barletta, now a freshman congressman,
argued that the undocumented brought drugs, crime and gangs to the city
and overwhelmed police, schools and hospitals.

The laws have never been enforced. Hispanic groups and undocumented
immigrants sued to overturn the measures, and a federal judge struck
them down following a trial in 2007.

Monday’s order does not automatically mean that Hazleton will get to enforce the measures.

The Philadelphia-based 3rd Circuit ruled in September that Hazleton’s
laws usurped the federal government’s exclusive power to regulate
immigration. But the appeals court did not consider two other arguments
raised by opponents of the Hazleton crackdown, and will now be free to
do so, said Witold Walczack, legal director of the
American Civil Liberties Union of Pennsylvania.

“Any celebration by the Hazleton officials would be premature,” he said Monday. 

“We’re certainly not putting up the white flag. There’s much battle left to be done in this case.”

The Supreme Court typically order lower courts to re-examine cases in light of a high court decision in a similar case.

This is based on a story by The Associated Press.

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