So what the court said in this decision is that Congress has passed laws that preempt the field of immigration. As a result, state and local governments cannot enact laws to control illegal immigration or even the effects of illegal immigration.
Think about what this ruling means. Congress has preempted the field, so state and local governments are powerless to act. Then, Congress and the federal authorities do next-to-nothing to prevent illegal immigration, burdening the states and local communities around the country. But those communities cannot act because Congress said they couldn’t. What sense does that make?
None. Congress could not have meant to prevent state and local governments from exercising their traditional police and regulatory powers over businesses and landlords to address the problems caused by uncontrolled illegal immigration.
No doubt, this ruling will be appealed. And it should be.
Our constitutional system allows our citizens to take reasonable steps to protect their communities. This is exactly what Hazleton is trying to do. And it’s what other communities across the country are doing. According to news reports, measures similar to Hazleton’s are being considered elsewhere around the country.
When the federal government is unwilling to enforce immigration laws effectively, then cities need to be able to act, and to take reasonable steps to secure their citizens from the social, financial, and criminal costs of illegal immigration.