United States Third Circuit

In plaintiffs' suit against the City of Hazleton to enjoin enforcement of ordinances that attempt to regulate employment of, and provision of rental housing to, certain aliens, district court's entry of permanent injunction against the city is affirmed in part, vacated in part and remanded where: 1) district court erred in reaching the merits of the challenge to the private cause of action provision because no plaintiff has standing to challenge that provision; 2) the employment provisions of the ordinances stand as an obstacle to the accomplishment and execution of IRCA's objective, and thus are preempted; and 3) the housing provisions of the city's ordinances are preempted regulations of immigration, and both field and conflict preempted by the INA.

Appellate Information

• Argued 10/30/2008
• Decided 09/09/2010
• Published 09/09/2010

Judges

• McKEE

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Witold J. Walczak, Kris W. Kobach