Law Firm News

Munley Law Firm Has Family Ties to Important Immigration Case

The Pennsylvania law firm of Munley, Munley & Cartwright, P.C., has ties to an important immigration case that may be heard by the United States Supreme Court.

In 2007, U.S. District Judge James M. Munley, presiding in the United States District Court for the Middle District of Pennsylvania, issued a landmark decision in an action challenging municipal ordinances enacted by the City of Hazleton.

In an attempt to combat problems the city believed stemmed from the presence of illegal aliens, the Hazleton ordinances barred the employment and housing of undocumented aliens in the city and also required that apartment dwellers obtain an occupancy permit by proving that they were citizens or lawful residents.

Judge Munley, brother of firm founder Robert W. Munley and father of firm attorney Julia Munley, ultimately concluded that the ordinances were unenforceable because they were preempted by federal immigration law and were unconstitutional.

In a lengthy decision addressing fundamental civil rights and constitutional issues, Judge Munley observed that the United States Constitution mandates equal justice for all under the nation's laws, even those whom the general public might deem undesirable.

Judge Munley wrote that by enacting its ordinances, Hazleton usurped the federal government's authority over immigration matters and violated the constitutional mandate of equal justice.

Now, an Arizona immigration statute imposing state sanctions against employers who knowingly hire illegal immigrants faces a similar challenge.

The Arizona statute, called the Legal Arizona Workers Act, was upheld by the United States Court of Appeals for the Ninth Circuit. The United States Supreme Court is considering whether to take up that decision for review.

The plaintiffs in the Arizona case cite Judge Munley's decision in arguing that a central legal issue – the viability of a uniform federal immigration scheme versus a patchwork of state regulation – presents a question of exceptional national importance that warrants Supreme Court attention.

If the Supreme Court were to consider the Arizona statute, the outcome could have implications for Judge Munley's decision in Pennsylvania, which is itself on appeal to the United States Court of Appeals for the Third Circuit.