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Keywords

plaintifflitigationinjunctioncomplianceregulationimmigration lawliens

plaintifflitigationinjunctionimmigration law

Related Cases

Lozano v. City of Hazleton

Facts

This litigation involves a series of immigration ordinances enacted by the City of Hazleton between July 2006 and March 2007. The two ordinances at issue are: (1) the Illegal Immigration Relief Act Ordinance ("IIRAO"), which consists of Ordinance 2006-18, as amended by Ordinance 2006-40, and Ordinance 2007-6; and (2) the Rental Registration Ordinance ("RO"), which consists of Ordinance 2006-13. These ordinances attempt to regulate the employment of unauthorized aliens, and the provision of rental housing to aliens lacking lawful immigration status, within Hazleton.

This litigation involves a series of immigration ordinances enacted by the City of Hazleton between July 2006 and March 2007.

Issue

The question before us on remand remains whether federal law pre-empts the employment and/or housing provisions of the Hazleton ordinances.

Rule

Pre-emption may be either express or implied, and implied pre-emption includes both field pre-emption and conflict pre-emption. Field pre-emption occurs when Congress intends federal law to 'occupy the field.' Conflict pre-emption can occur where compliance with both federal and state regulations is a physical impossibility, or where the challenged state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.

Pre-emption may be either express or implied, and implied pre-emption includes both field pre-emption and conflict pre-emption.

Analysis

The court applied the pre-emption doctrine, concluding that both the employment and housing provisions of the Hazleton ordinances are pre-empted by federal immigration law. The employment provisions were found to conflict with federal law as they obstructed the objectives of the Immigration Reform and Control Act of 1986. The housing provisions were deemed to impermissibly regulate immigration and were both field and conflict pre-empted, interfering with the federal government's discretion over immigration matters.

The court applied the pre-emption doctrine, concluding that both the employment and housing provisions of the Hazleton ordinances are pre-empted by federal immigration law.

Conclusion

The court affirmed the district court's order enjoining enforcement of the employment and housing provisions of the Hazleton ordinances.

Who won?

The plaintiffs prevailed in the case as the court upheld the district court's injunction against the enforcement of the ordinances, finding them pre-empted by federal law.

The plaintiffs prevailed in the case as the court upheld the district court's injunction against the enforcement of the ordinances.

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