The Genius of the Constitution

The timing of the ruling was perfect to allow for one of those teaching moments. On our way back to Philly from our Poconos vacation, we passed the Hazelton exit on Route 80. My daughter studied immigration rights issues last year at school, see Love Park Rally, so it was just the right opportunity to discuss the recent opinion and my favorite quote:

U.S. District Judge James Munley ruled Thursday that the law usurped the federal government's exclusive power to regulate immigration and deprived residents of their constitutional right to due process.

'The genius of our Constitution is that it provides rights even to those who evoke the least sympathy from the general public,' Munley wrote in a 206-page opinion.

See Judge strikes down Hazleton's tough anti-illegal immigration law. I was able to describe the decision, as reported by The Scranton Times:

U.S. District Judge James Munley found fault with just about every aspect of Hazleton's Illegal Immigration Relief Act, which he struck down Thursday in a 206-page opinion that declared states and municipalities have no business trying to stem illegal immigration.

Munley's decision is a road map for judges 'inclined to find in favor of immigrant advocates,' said Peter Spiro, who teaches immigration law at Temple University.

'This is a big victory for immigrants rights advocates, to have a slam dunk in the first major case addressing one of these ordinances,' he said. 'They could hardly have asked for more.'"

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"Even if federal law did not conflict with Hazleton's measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not," Munley wrote.

Munley also wrote that Hazleton's law was at odds with current federal immigration policy, which he said avoids "excessive enforcement" against illegal immigrants so as not to jeopardize foreign relations. Hazleton, he said, failed to consider "the implications of the ordinances on foreign policy."

An editorial in the Scranton Times, Hazleton still part of United States, observed that mayor Barletta is expected to run for congress. Now I get all the grandstanding. I thought it was just simple bigotry in action. See also, The Pennsylvania Progressive: Judge Dismisses Barletta's Bigotry.

As an aside, I must say that the changing "complexion" (pun intended) of the Poconos was amazing -- and I'm not talking about the foliage. The influx of non-whites in that area was quite surprising. It was not that many years ago that the Poconos was a white enclave, with hardly a person of color, never mind substantial numbers of immigrants. This was KKK country, at least in certain parts. Shortly after we arrived, my brother-in-law came back from a trips to the local WalMart to pick up supplies and observed with some shock the ratio of non-whites at the store.

Shaun Mullen of Kiko's House (who also spent last week in the Poconos), reported some time ago on the disgrace of the sweatshops that have populated that area, with a raid on a number of businesses who were employing illegal immigrants, see The Poconos: From Paradise to Sweatshops and Update on the Poconos Sweatshop Scandal.

For more on the other side of the Pocono area, see The Poconos & It's Sick Obsession With Guns.

Tags: Civil Liberties, Law, Immigration, Pennsylvania