OPINION
OF THE COURT
__________
McKEE, Chief Judge.
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 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.
