Chamber Joins ACLU in Challenging Immigration Ordinance

The public policy law firm of the U.S. Chamber of Commerce has joined the American Civil Liberties Union in urging a federal court to strike down as unconstitutional an ordinance in Hazleton, Pa., that would punish employers that employ immigrants who are considered illegal.

Employers found in violation of the ordinance would lose their city licenses for up to 2 years.

"State and local governments have no business setting national immigration policy," says Tom Donohue, president and CEO of the U.S. Chamber of Commerce. "Regulation of immigration is up to the federal government. Ordinances like Hazleton 's create a patchwork of schemes that undermine efforts by businesses to comply with a uniform federal immigration law."

In a friend-of-the-court brief, the National Chamber Litigation Center argued that Hazleton's ordinance is unconstitutional, saying it ignores employers' due process rights and is preempted by federal law. The NCLC also said the ordinance would punish employers for unknowingly hiring illegal immigrants, rewrite federal work authorization verification rules, and conflict with federal antidiscrimination statutes.

"This ordinance places unreasonable burdens on employers and ignores federal immigration law," Donohue says. "The district court needs to send a message to Hazleton and localities across the country that these piecemeal immigration laws are unconstitutional."