| Venue: |
PA Dist. Ct.
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| Facts: |
Hazelton, PA, requires an occupancy permit to rent property. To get
that, you need proof of ID showing legal citizenship or
residency. There's also an ordinance against employing or
harboring illegal aliens. |
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| Posture: |
Suit for a TRO enjoining enforcement of these rules before they
take effect. |
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| Issue: |
Can we issue the TRO? |
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| Holding: |
Yes. |
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| Rule: |
For a TRO, you need to show four things:
- Irreparable injury to the plaintiff
- Harm to the defendant does not outweigh the benefit
- In the public interest
- Reasonable probability of success on the merits
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| Reasoning: |
We've got all of that. Housing is really important. There's no
need to think that this will cause the city any harm (there
are assertions about violent crime, but no evidence that it's
alien-perpetrated). Protecting access to homes is in the
public interest, and the plaintiffs have strong constitutional
claims. |
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| Dicta: |
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