The Court remanded the case to the Third Circuit for further consideration in light of its rationale in Chamber of Commerce of the United States v. Whiting. As we mentioned last month, the Court’s ruling in Whiting will have nationwide effects and may lead to varying state law approaches to immigration-related laws and penalties.

It is important to note, however, that while the law at issue in Whiting and that enacted by Hazleton have some similarities, the Supreme Court has only upheld non-federal laws dealing with employment eligibility and the corresponding penalties for noncompliance. It remains to be seen how the Third Circuit will reconsider the legal issues presented by the Hazelton ordinance.

AILA president Chuck Kuck says it best over on the AILA Leadership Blog:

Probably even more important is the boost this gives to those who believe, like us, that CIR is essential to renewed economic growth. Senator Specter spoke to our Spring AILA Conference (was it that which pushed him over the edge?). He let us know that he actually gets it. He understands all the key aspects of reform. He understands it is NOT just about legalization. He understands that it is also about DREAM. It is also about increased immigrant visa numbers. It is also about more sensible nonimmigrant visa categories. It is also about reforming how USCIS operates, and it is also about smarter enforcement and going after the real bad actors, not those struggling to put bread in the mouths of their children.

We certainly hope that Senator Specter can continue his leadership on the immigration issue as a member of the Democratic majority.   Because of his work on behalf of reasonable immigration laws, we will continue to support his efforts (it’s just others of us who will do it in spite of his party membership).