Illegal Immigration and the Constitution

A lawsuit has been brought by the American Civil Liberties Union and a group of Hispanic American activists against the city of Hazelton, Pennsylvania, over a recent ordinance aimed at stopping illegal immigrants from living and working in the city. The lawsuit claims that illegal immigration is within the bounds of federal, not state, jurisdiction, on top of the general argument that many such laws are already on the books throughout America and are simple unenforceable. The Hazelton provision allows the city to fine landlords for housing illegal immigrants and makes English the city’s official language.

The ACLU certainly has a valid argument in saying that state and local governments do not have the authority to control the federal borders and deal with illegal immigrant (the INS, among other departments, takes care of that). However, the lack of enforcement on the border and the inability to come up with a solution by the federal government has forced state officials into a corner where they have to act in order to protect their perceived economic interests.

In my view, the ACLU will probably not win this argument given the prevailing trend towards conservatism in America and the fact that while English as the official language provisions may not be the best approach to dealing with illegal immigrants, the voter and the citizen in America always look for strong leaders in spite of their politics. Legally, the ACLU case is stronger because the federal government should be taking care of this but courts are not insulated and their is a trend toward state activism on issues like illegal immigration.