Tide turns for immigration law

Published: Sunday, Feb. 10 2008 12:21 a.m. MST

Groups challenging state and local laws cracking down on illegal immigration won a series of high-profile legal victories last year, but the tide has shifted as federal judges recently handed down several equally significant decisions upholding those laws.

On Thursday, a federal judge in Arizona ruled against a lawsuit by construction contractors and immigrant organizations who sought to halt a state law that went into effect on Jan. 1 imposing severe penalties on employers who knowingly hire illegal immigrants.

The judge, Neil V. Wake of U.S. District Court, methodically rejected all of the contractors' arguments that the Arizona law invaded legal territory belonging exclusively to the federal government.

On Jan. 31, a federal judge in Missouri, E. Richard Webber, issued a similarly broad and even more forcefully worded decision in favor of an ordinance aimed at employers of illegal immigrants adopted by Valley Park, Mo., a city on the outskirts of St. Louis.

And, in an even more sweeping ruling in December, a judge in Oklahoma, James H. Payne, threw out a lawsuit against a state statute enacted last year requiring state contractors to verify new employees' immigration status. Payne said the immigrants should not be able to bring their claims to court because they were living in the country in violation of the law.

These rulings were a sharp change of tack from a decision in July by a federal judge in Pennsylvania who struck down ordinances adopted by the city of Hazleton barring local employers from hiring illegal immigrants and local landlords from renting to them. In that case, the judge, James M. Munley of U.S. District Court, found that the Hazleton laws not only interfered with federal law, but also violated the due process rights of employers and landlords, and illegal immigrants as well.

Hazleton was the first city to adopt ordinances to combat illegal immigration. After the Hazleton decision, many cities that had been considering similar statutes dropped the effort.

The recent federal decisions will probably give new encouragement to states and towns seeking to drive out illegal immigrants by making it difficult for them to find jobs or places to live.

In another earlier, much-watched case, the city of Escondido, Calif., in December 2006 dropped an anti-illegal immigrant housing ordinance and agreed to pay $90,000 in lawyers' fees to the landlords and illegal immigrants who brought a lawsuit.

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