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Lozano v. City of Hazleton

724 F.3d 297 (2012)

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Lozano v. City of Hazleton

United States Court of Appeals for the Third Circuit

724 F.3d 297 (2012)

Facts

The City of Hazleton (city) (defendant) enacted the Illegal Immigration Relief Act Ordinance (IIRAO) and the Rental Registration Ordinance (RRO). The RRO required applicants for rental housing to receive an occupancy permit. An occupancy permit required the applicant to pay a $10 fee and provide proof of legal citizenship or residency. Landlords were required to inform applicants of these requirements and were fined if they were found in violation. Under the IIRAO, a tenant’s illegal immigration status was a breach of lease. The IIRAO prohibited harboring illegal aliens, which included leasing or renting a dwelling to a tenant without legal immigration status. An illegal alien was defined according to the Aliens and Nationality Act, 8 U.S.C. 1101 et seq., as an alien who was not lawfully present in the United States. A federal district court permanently enjoined the enforcement of the ordinances. The court of appeals affirmed, finding that the ordinances impermissibly regulated immigration and were field and conflict preempted by federal immigration laws. The United States Supreme Court granted the city’s petition for a writ of certiorari and vacated and remanded for reconsideration.

Rule of Law

Issue

Holding and Reasoning (McKee, C.J.)

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