Saturday, November 2, 2013

Hazleton, PA, Farmer's Branch, Texas Seek High Court Review of Invalidation of Local Immigration Enforcement Laws

Hazleton, Pennsylvania and Farmer's Branch, Texas have petitioned the U.S. Supreme Court to review lower court decisions invalidating local immigration enforcement legislation that, among other things, would bar landlords from renting property in their cities to undocumented immigrants.  Hazleton asked the Court to overturn a Third Circuit decision that (for the second time) struck down the city's housing and employment ordinances, while Farmer's Branch seeks reversal court of an en banc Fifth Circuit decision enjoining a similar law. In seeking certiorari, both cities pointed to an Eighth Circuit decision upholding similar legislation passed by Fremont, Nebraska.

It is always hazardous to speculate about whether the U.S. Supreme Court will accept review of a case (or, in this instance, cases).  Although there is a circuit conflict of sorts, the great weight of authority, especially after Arizona v. United States, is on the side of the challengers to the Hazleton and Farmer's Branch ordinances (and against the Fremont law).  We will see whether the Court decides to resolve a ciruit split with the authority generally so one-sided.

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