The U.S. Third Circuit Court of Appeals vacated a mandate that declares Hazleton's immigration ordinance unconstitutional, the mayor confirmed Tuesday.
The development comes after the U.S. Supreme Court in June ordered the federal appeals court in Philadelphia to take another look at Hazleton's case.
Hazleton Mayor Joseph Yannuzzi called the development "good news" for the city and puts the city's controversial immigration law back in the hands of the Third Circuit court.
By Kent Jackson
Hazleton won a second chance to defend its immigration law, courtesy of the U.S. Supreme Court.
The Supreme Court on Monday ordered the U.S. Court of Appeals for the Third Circuit in Philadelphia to reconsider Hazleton’s law, which was struck down in 2007.
“It’s a do-over in the Third Circuit,” said Kris Kobach, the attorney for Hazleton. “We re-brief it, re-argue it and have a helpful Supreme Court decision in our hip pocket.”
Kobach referred to a decision on May 26 in a case about an Arizona law.
PRESS RELEASE FROM MAYOR LOU BARLETTA
CITY OF HAZLETON
SEPTEMBER 9, 2010
FOR IMMEDIATE RELEASE
Hazleton Mayor Lou Barletta released the following statement regarding today's ruling by the federal appeals court in Philadelphia:
Today's decision by the Third Circuit Court is not unexpected. I'm not disillusioned by this ruling. We knew this would not be the last stop on this journey.
BY KENT JACKSON
Hazleton Mayor Lou Barletta thinks he can win an immigration case on the second try.
A federal judge overturned the city’s immigration ordinance in July 2007, but Barletta believes the city will prevail in an appeal that he expects will be heard on Oct. 31.
“I’ve never wavered in my belief that Hazleton has the right to pass the Illegal Immigration Relief Act and firmly believe our case will be vindicated in the higher court,” Barletta said during a news conference that he called Monday to say the United States Third Circuit Court of Appeals in Philadelphia tentatively scheduled a hearing on the city’s case for Oct. 31.
By Bob Reynolds
The city of Hazleton will once again be the focal point of a national debate over a crack-down on illegal immigration.
An appeals court will hear Hazleton's proposed ordinance that would make it against the law to hire or rent to illegal immigrants. The same ordinance that a lower court ruled unconstitutional last summer.
Other communities all over the country are watching this case very closely.
Officials said the problem of illegal immigrants living in Hazleton is not getting better.
"We continue to have a severe immigration problem here and again there were just two more arrested over the weekend," said Hazleton Mayor Lou Barletta.
By L.A. TARONE
Hazleton will file its legal briefs in its appeal of the Illegal Immigration Relief Act with the U.S. Court of Appeals for the Third Circuit in Philadelphia by Jan. 22.
Initially they’d been due Dec. 26, but that was delayed to Jan. 9.
Attorney and law professor Kris Kobach, the immigration law expert for former U.S. Attorney General John Ashcroft who is representing the city, said he asked for a two-week extension for several reasons.
“There’ve been a bunch of new cases that support our arguments,” Kobach said. “The Arizona case is very favorable for Hazleton.”
By BILL O ’ BOYLE
HAZLETON – A postcard that hangs in the mayor’s office shows a team of German shepherds watching as a brave little kitten strides by. The caption recites Psalm 23: “Yea, though I walk through the valley of the shadow of death, I will fear no evil.”
Lou Barletta smiles when he looks at the card; he sees himself as the brave kitten.
“That’s how I often feel,” he said.
That fearlessness that has brought physical threats to the mayor’s doorstep has also endeared him to ordinary people who hunger for a politician with unwavering convictions.
Republican Mayor Lou Barletta, Known for His Tough Stance Against Illegals, Wins Reelection in a Landslide (Fox News)
This is a rush transcript from "Your World with Neil Cavuto," November 7, 2007. This copy may not be in its final form and may be updated.
NEIL CAVUTO, HOST: Get-tough-on-illegals Mayor Lou Barletta just winning reelection by a landslide in Hazleton, Pennsylvania, a sign cracking down on illegals won't hurt GOP presidential candidates in '08.
Well, let's ask him.
Mayor, welcome. Congratulations.
LOUIS BARLETTA, MAYOR OF HAZLETON, PENNSYLVANIA: Thank, Neil. We're glad to be here with you today.
CAVUTO: You were under enormous heat for your get-tough policies, some of whom were saying that you were circumventing Uncle Sam. You said, Uncle Sam was dropping the ball. And away you went. And away the voters went for you.
By L.A. TARONE
Hazleton Mayor Lou Barletta swept into his third term by a wide margin and running mates Joe Yannuzzi and Evelyn Graham retained their council seats by campaigning closely with him.
With all wards counted unofficially, including absentee ballots, Barletta culled 3,530 votes, while Libertarian challenger John Medashefski polled 405.
Barletta becomes the first three-term mayor since Joe Conahan.
Yannuzzi was the top vote- getter in the council race with 2,729. Graham was close behind with 2,709.
Democratic challengers Dickie Cusatis got 1,245, while Maureen DeCosmo-Pozzessere got 1,240.
By RENITA FENNICK
Vicente Fox’s appearance in Wilkes-Barre Monday night couldn’t come at a better time.
Fox, the former president of Mexico, will speak at the F.M. Kirby Center for the Performing Arts as part of the Wilkes University’s Outstanding Leaders Forum. He will talk about bringing a new economy to Latin America to people who will dish out $25 to hear his speech.
All this on Election Eve. Voters in all of Luzerne County’s municipalities will head to the polls on Tuesday to choose the men and women who will make the big decisions that affect their boroughs, townships and cities.