The Supreme Court ordered a federal appeals court on Monday to review a ban against anti-immigrant legislation in Hazelton, PA. Hazelton’s infamous Illegal Immigration Relief Act of 2006 was deemed unconstitutional by Federal Judge James Munley in 2007. Last September, the U.S. Court of Appeals for the Third Circuit upheld most clauses of Judge Munley’s injunction, effectively shutting down the law.
The Supreme Court can order lower courts to reconsider a decision in light of a more recent high court decision. In this case, the higher court ruling to uphold key provisions of Arizona’s SB 1070—namely that employers would lose their business license if they knowingly employed undocumented immigrants—has led to a revision of the Hazelton law with similar penalties for employers. Ironically, the Illegal Immigration Relief Act is considered the impetus for punitive immigration laws in Arizona, Georgia and across the U.S. since 2006.
But local reaction in Hazleton is mixed. In the wake of this news, one resident commented: “elected officials should bury it [Hazleton's law] , be done with it and get to work on fixing real problems.” The law has also had far-reaching social and economic consequences. Roughly half of Hazelton’s 10,000 Latinos—including its documented population—reportedly left the city due to its immigration law. The town also saw an estimated 20 percent to 50 percent drop in business in the months following its implementation, even though it was eventually blocked.
The Supreme Court decision on Hazelton’s law in many ways exemplifies the current tension at the federal and state levels over progressive versus regressive immigration policy. On the one hand, the Supreme Court decided yesterday to allow California to grant in-state tuition to undocumented immigrants. But last Thursday, the Alabama Legislature passed an Arizona-style immigration bill with a wide margin, and Georgia’s punitive immigration law goes into effect on July 1. The inconsistency of immigration law presents newfound urgency for, as well as clear challenges to, a comprehensive federal immigration policy.