U.S. Court of Appeals for the Third Circuit

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Third Circuit holds federal preemption of immigration ordinance

September 09, 2010

The Third Circuit held that the employment provisions of an immigration ordinance passed by Hazleton are preempted by federal law.

U.S. Chamber files amicus brief on appeal to Third Circuit

April 17, 2008

On appeal to the Third Circuit, NCLC argued that the lower court properly rejected as unconstitutional the employment provisions of Hazleton’s immigration ordinance. In its brief, NCLC outlined the conflicting and diverse employer-related immigration laws that have recently been enacted by state and local governments. NCLC explained that the existing federal immigration scheme preempts state and local efforts to regulate immigration, particularly with respect to work status verification systems.

U.S. Chamber files amicus brief

March 05, 2007

NCLC urged the U.S. District Court for the Middle District of Pennsylvania to strike down as unconstitutional a Hazleton, Pennsylvania ordinance designed to regulate the employment of illegal immigrants. In its brief, NCLC argued that Hazleton’s ordinance is unconstitutional because it ignores employers’ due process rights and is preempted by federal law - the Immigration Reform and Control Act - which provides a comprehensive plan prohibiting the employment of illegal immigrants in the United States. The Hazleton ordinance deviates from the federal uniform framework by punishing employers for unknowingly hiring illegal immigrants

Amicus brief filed with district court 3/5/07. Trial held 3/12/07. Post-trial motions 5/14/07. Decided 7/26/07.

Amicus brief filed with Third Circuit 4/17/08. Oral argument held 10/30/08. Decided 9/9/10.

Case Documents