Thursday, July 26, 2007

U.S. District Judge James Munley Says its Illegal to Crack Down on Illegals

Once again, we have a leftwing judge legislating from the bench. U.S. District Judge James Munley struck down the Illegal Alien Relief Act of Hazleton Pennsylvania:


ALLENTOWN, Pa. --A federal judge on Thursday struck down the city of Hazleton's tough crackdown on illegal immigrants, ruling unconstitutional a law that has been emulated by towns and cities around the nation.
The Illegal Immigration Relief Act, pushed by the city's Republican mayor last summer after two illegal immigrants were charged in a fatal shooting, was voided by U.S. District Judge James Munley following a nine-day trial in March.
The decision will almost certainly be appealed by the city.
Hazleton had sought to impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. A companion measure would have required tenants to register with City Hall and pay for a rental permit.
Mayor Lou Barletta, chief proponent of the crackdown, contends illegal immigrants have brought drugs, crime and gangs to the city of more than 30,000, overwhelming police, schools and hospitals.

Now get a load of the reasoning of the judge and the plaintiffs in the case:

Hispanic groups and illegal immigrants sued in federal court to overturn the measures, saying they usurp the federal government's exclusive power to regulate immigration, deprive residents of their constitutional rights to equal protection and due process, and violate state and federal housing law.
In a 206-page opinion, Munley said the act was pre-empted by federal law and violated the plaintiffs' due process rights.
"Whatever frustrations ... the city of Hazleton may feel about the current state of federal immigration enforcement, the nature of the political system in the United States prohibits the city from enacting ordinances that disrupt a carefully drawn federal statutory scheme," Munley wrote.
"Even if federal law did not conflict with Hazleton's measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not," he added.

First of all, if illegal aliens show up in a U.S. District Court to file a lawsuit, why wasn't the Border Patrol called so that they could be apprehended and deported? In addition, since when does the constitution guarantee any illegal alien the right to employment in the U.S., and where does it guarantee illegal aliens the right to rent an apartment?

There are no constitutional guarantees of rights to illegal aliens. They only right they have is for a one-way ticket out of the country.

I wonder who appointed James Munley to the bench? Was it Carter or Clinton?

Update: Munley was appointed on October 26, 1998. That means he was appointed by Clinton! For that matter, Hillary had a major role in selecting judges for the federal courts. If she gets elected president, we may look forward to many more of these looney jurists.

Update 2: Here is Munley's contact information:

James M. Munley

U.S. District Court, Middle District of Pennsylvania

235 N. Washington Ave.

Scranton, PA 18501

Phone: 570-207-5780

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