August 6, 2007
In a lengthy opinion striking down anti-immigrant ordinances in Hazelton, U.S. District Judge James Munley has given the whole country a refresher course on the Constitution. "We cannot say clearly enough that persons who enter this country without legal authorization are not stripped immediately of all their rights," Munley wrote, citing Supreme Court decisions holding that the 14th Amendment guarantees equal protection of the laws to "persons," not just citizens.
But that was only one of the legal pillars of Munley's decision. The other was his finding that Hazelton had usurped Congress' authority. "Immigration is a national issue," he wrote. "Congress has provided complete and thorough regulations with regard to the employment of unauthorized aliens, including anti-immigration-discrimination provisions."
In a lengthy opinion striking down anti-immigrant ordinances in Hazelton, U.S. District Judge James Munley has given the whole country a refresher course on the Constitution. "We cannot say clearly enough that persons who enter this country without legal authorization are not stripped immediately of all their rights," Munley wrote, citing Supreme Court decisions holding that the 14th Amendment guarantees equal protection of the laws to "persons," not just citizens.
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