Monday, September 13, 2010

Federal Court Upholds Injunction of Hazleton Immigration Ordinance

Legislative Update

FOR THE WEEK OF September 13, 2010 

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Federal Court Upholds Injunction of Hazleton Immigration Ordinance

email imageOn September 9, 2010, the Third Circuit Court of Appeals upheld a lower court decision in Lozano v. Hazleton to permanently enjoin the City of Hazleton, Pennsylvania from implementing ordinances to combat illegal immigration. In holding that the ordinances are unconstitutional, Judge McKee stated that Hazleton’s ordinances were an “obstacle to the accomplishment and execution of federal law” and thus were “pre-empted.” Lozano v. Hazleton, pg. 106-107; 135.

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Clinton: Mexican Drug Cartels Now an “Insurgency”

email imageSpeaking before a foreign-policy think tank in Washington D.C. last week, Secretary of State Hillary Clinton warned that drug cartels in Mexico and Central America are morphing into an “insurgency” and that the threat to the United States is growing. “It's looking more and more like Colombia looked 20 years ago, where the narco-traffickers control certain parts of the country,” Clinton said.

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Immigration Officers No Longer to Detain Illegal Aliens During Traffic Stops

email imageIn August, Immigration and Customs Enforcement (ICE) began circulating a draft policy that would significantly limit the circumstances under which ICE would take custody of illegal aliens. More specifically, the memo provides that immigration officers shall issue detainers—or official notification to local law enforcement agencies that ICE intends to assume custody of the alien—only after a law enforcement agency has independently arrested the alien for a criminal violation.  This means that if a police officer conducts a lawful stop of an illegal alien, and the officer confirms with ICE that the alien is in the country illegally, ICE will still not assume custody of the alien unless the alien has actually been arrested for a criminal offense.

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