Monday, June 6, 2011
Today, the United States Supreme Court rendered an Order in Hazelton, PA v. Lozano:
The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Chamber of Commerce of United States of America v. Whiting, 563 U. S. ___ (2011).
The Third Circuit panel, affirming the district court, rendered an extensive 188 page opinion in September 2010 which we discussed here. The Third Circuit panel unanimously agreed that the two ordinances of Hazelton, Pennsylvania regulating immigration are pre-empted by the federal immigration scheme. The employment provision in Hazleton made it unlawful “for any business entity” to “recruit, hire for employment, or continue to employ” or “permit, dispatch, or instruct any person” who is an “unlawful worker” to perform work within Hazleton, and required employer affidavits. The ordinances also had a housing provision making it unlawful for landlords to rent to unlawful residents.
As we noted, the Third Circuit opinion conflicted in part with the Ninth Circuit's conclusion in Chamber of Commerce v. Whiting. And now that the United States Supreme Court has affirmed Whiting - - - in an opinion last week - - - it is not surprising that the Court would remand Hazelton to the Third Circuit.