CA3 on Preemption: Lozano v. City of Hazleton

"This case is before us on remand from the United States Supreme Court. The City of Hazleton previously appealed the District Court‟s judgment permanently enjoining enforcement of two Hazleton ordinances that attempt to prohibit employment of unauthorized aliens and preclude them from renting housing within the City.

In a precedential Opinion and Judgment filed on September 9, 2010, we upheld the permanent injunction. Thereafter, the Supreme Court granted Hazleton‟s petition for a writ of certiorari and remanded this case so that we could reconsider our analysis in light of Chamber of Commerce v. Whiting, 563 U.S. __, 131 S. Ct. 1968 (2011). See City of Hazleton v. Lozano, 563 U.S. __, 131 S. Ct. 2958 (2011). Subsequently, the Court also decided Arizona v. United States, 567 U.S. __, 132 S. Ct.2492 (2012). Both Whiting and Arizona address the extent to which federal immigration law pre-empts various state laws pertaining to the treatment of unauthorized aliens. On remand, we asked for supplemental briefing on whether either of those decisions alter our original analysis upholding the District Court‟s injunction.

Having thoroughly considered the additional submissions of the parties and the Court‟s decisions in Whiting and Arizona, we again conclude that both the employment and housing provisions of the Hazleton ordinances are pre-empted by federal immigration law. Accordingly, we will again affirm the District Court‟s order enjoining enforcement of these provisions." - Lozano v. City of Hazleton, July 26, 2013.