Thread: TX: Farmers Branch approves new anti-illegal immigrant rule

Jan. 22, 2008, 10:28PM
Farmers Branch approves new anti-illegal immigrant rule
By ANABELLE GARAY Associated Press Writer
© 2008 The Associated Press

FARMERS BRANCH, Texas — Leaders of a Dallas suburb prevented from enforcing a ban on leasing apartments to illegal immigrants approved a new rule requiring tenants to get rental licenses from the city and extending the prohibition to home rentals.

The Farmers Branch City Council voted unanimously for the new ordinance. Farmers Branch officials would forward a potential tenant's information to the federal government, to determine if the person is in the country legally.

"This may in the courts forever. I hope not, but the decision is: let's go for it," said Councilman Jim Smith.

Nearly 200 people filled City Hall, dozens of them either lauding the council over the proposal or denouncing city officials for continuing to push immigration-related measures.

"Here we go again ... I belive that this will not stand also," said Farmers Branch resident Jose Galvez.

Resident Mike Del Valle told the council: "I just want to say I support the new ordinance. I believe it's in line with what the federal government wants us to do."

Farmers Branch would use a federal database employed by state and federal agencies to verify if immigrants are entitled to certain benefits, such as housing, food stamps or school financial aid, said Michael Jung, an attorney with Strasburger & Price LLP, the firm hired by the city to rework its previous rental ban.

City Council members first approved an ordinance barring apartment rentals to illegal immigrants in November 2006 without discussion. They then revised the ordinance to include exemptions for minors, seniors and some mixed-immigration status families and approved it in January 2007. Residents endorsed the ordinance 2-to-1 in May.

But a federal judge has blocked Farmers Branch from enforcing the ordinance. The case remains pending in court.

In the previous ordinance the judge said the city was trying to use language from federal housing benefits to say who could or couldn't rent. The judge said they were trying to regulate immigration differently from the federal government, which is unconstitutional.

In response to the ruling, the city hired a law firm to rework the ban, officials said.

"People have asked us to address this," Councilman Tim O'Hare, who led efforts to approve the rule, said after the vote. "We think this is constitutional."

With the new proposal, a person who isn't a U.S. citizen would provide a number issued by the federal government that shows their lawful presence in the U.S. The number could be from any of a variety of legal documents. If federal authorities cannot confirm legal residency status, the person would have 60 days to provide proof, according to the proposal.

The city's measure would take effect 15 days after a ruling is made on the ordinance that is being contested in court.

However, the database the city proposes checking is used by government agencies to look up whether the immigration status of a person entitles them to a state or federal benefit. Many people not eligible for those benefits are living in the country legally, such as those with student visas.

"From U.S.C.I.S.' standpoint, there is no database where the city or anyone can pickup the phone and give alienage, like yes this person is legal or no that person isn't legal, there is no such database," said Maria Elena Garcia-Upson, a spokeswoman for U.S. Citizenship and Immigration Services.

http://www.chron.com/disp/story.mpl/ap/tx/5477005.html

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Farmers Branch bans illegal immigrants from renting houses

Houses added to ban for illegal migrants; foes say courts will step in again


12:06 AM CST on Wednesday, January 23, 2008
By STEPHANIE SANDOVAL / The Dallas Morning News

FARMERS BRANCH – City officials whose previous attempts to keep out illegal immigrants have been blocked by the courts took another shot Tuesday, adopting an ordinance that would not only ban them from renting apartments but also from renting houses.


The City Council unanimously approved Ordinance 2952, which would require all renters to pay a $5 fee and claim U.S. citizenship or legal immigration status to obtain an occupancy license from the city.

About 40 people spoke during the roughly two-hour meeting, with a slight majority in favor of the ordinance.

"We've got to put a sword in the sand sometime, and I think this is it," resident Dale Cotton said.

Supporters said that while the ordinance may not resolve the illegal immigration issue, it's a step in the right direction. And some, led by council member Jim Smith, said they'd like to see the city also go after employers who hire illegal workers.

But opponents said they believe the law will also get hung up in the courts and ultimately be found unconstitutional. Others said the licensing process will cause potential renters to move to other cities and cause financial losses for property owners.


Jay Parmelee, vice president for Lincoln Property Co., said he was representing the owners of Prairie Crossing, a new 350-unit apartment complex under construction off Sigma and Midway roads. They worry that the rental laws will hurt their business and fear that they won't be able to recover their investment, he said.

Other opponents said the city should spend money on redevelopment efforts and other programs rather than fighting lawsuits against the illegal immigration efforts. The city has spent almost $728,000 in court costs and other related expenditures over previous ordinances, while donors have given $41,566 to the city's legal defense fund, city Finance Director Charles Cox said Tuesday.

Council member David Koch said the cost that taxpayers shoulder for benefits that go to illegal immigrants is "far greater" than what the city is spending to defend its efforts.

"This city, I believe, is one that is willing to stop the insanity ... of doing nothing, the insanity of turning a blind eye towards illegal immigration and the impact," he said.

The mood at City Hall was much quieter and calmer than a year ago, when hundreds gathered for the vote on Ordinance 2903. But after Tuesday's meeting, a shouting match erupted between Dallas activist Carlos Quintanilla and Farmers Branch resident Rick Johnson, a staunch supporter of the city.

"Why don't you stop the hate? Why don't you stop the abuse?" Mr. Quintanilla said.

"You're a hypocrite," Mr. Johnson shouted back.

Mr. Johnson said that he and Mr. Quintanilla usually are friendly and that his political opponent was only showing off for the news cameras.

Ordinance 2952 won't go into effect until a federal judge rules on the constitutionality of Ordinance 2903, passed last January by the council and adopted by voters in May. Though nearly two-thirds of voters approved the ordinance, Judge Sam Lindsay issued a preliminary injunction halting the city from implementing it until a lawsuit is resolved.

Kris Kobach, a law professor at the University of Missouri-Kansas City who has represented in court other cities that have tried to pass rental restrictions on illegal immigrants, helped draft the new ordinance.

He said Ordinance 2952 differs from 2903 in that the original sought to have landlords review documentation to determine whether someone was probably here legally.

Council member Tim O'Hare, the driving force behind the original efforts targeting illegal immigrants, said he believes Ordinance 2952 addresses the legal concerns raised in the lawsuits over Ordinance 2903 and will hold up in court.

But at least one lawyer said he plans to file legal action against the city and Ordinance 2952. William A. Brewer III of the Bickel & Brewer Storefront said the city continues to try to encroach on the federal government's exclusive authority to enforce immigration laws.

"It has even less of a chance ... of ever being enforced than did the ordinances that preceded it," he said.

ORDINANCE AT A GLANCE
A new ordinance will bar illegal immigrants from renting homes or apartments in Farmers Branch. Key provisions:

•Prospective tenants will have to apply for an occupancy license.


•The application form will ask whether the person is in the U.S. legally.


•Anyone who completes the form and pays $5 will get a license and be allowed to move in.


•The city will verify noncitizens' legal status through a federal database.


•Anyone identified as being in the U.S. illegally will get 60 days to prove otherwise.


•Violators – tenants or landlords – will face fines of $500 a day.

www.dallasnews.com

Jay Parmelee, vice president for Lincoln Property Co., said he was representing the owners of Prairie Crossing, a new 350-unit apartment complex under construction off Sigma and Midway roads. They worry that the rental laws will hurt their business and fear that they won't be able to recover their investment, he said






So. what Mr. Parmelee is saying here, is that Prairie Crossing is being built with the full expectation and intent of it being occupied by illegal aliens.

Where there are illegal aliens, there are housing subsidies.

It wouldn't happen to be that Lincoln Properties has been raking it in compliments of the American taxpayer now would it?

Subsidized housing can be a very lucrative endeavor, particularly if the property owner knows the "right people".....more lucrative, in fact, than renting to the general public.

It might be interesting to find out just how many of these company's properties are benefiting from housing subsidies.

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