Thread: TX: Farmers Branch Voters Ordinances Blocked

http://www.chron.com/disp/story.mpl/front/4823258.html

Illegal immigrant law in Dallas suburb blocked

By ANABELLE GARAY, Associated Press

FARMERS BRANCH — A federal judge today issued an order halting enforcement of a voter-endorsed ordinance preventing apartment rentals to most illegal immigrants, a day before the ban was to take effect in this Dallas suburb.

U.S. District Judge Sam A. Lindsay wrote that only the federal government can determine whether a person is in the United States legally.

Instead of deferring to federal officials, Farmers Branch has created its own classification to determine which noncitizens may rent an apartment, the judge ruled, also noting that Farmers Branch appeared to have taken federal regulations regarding housing benefits for noncitizens and used them to define who may rent an apartment in the city.

"The court recognizes that illegal immigration is a major problem in this country, and one who asserts otherwise ignores reality," Lindsay wrote. "The court also fully understands the frustration of cities attempting to address a national problem that the federal government should handle; however, such frustration, no matter how great, cannot serve as a basis to pass an ordinance that conflicts with federal law."

The ordinance was to take effect Tuesday, more than a week after voters approved the regulation by 68 percent, according to unofficial election results.

However, "public approval of the ordinance, by itself, does not guide the court as to whether the ordinance complies with the law," the judge wrote.

Opponents of the ordinance filed three requests in federal court for an order to stop its enforcement.

The ordinance requires managers to verify that renters are U.S. citizens or legal immigrants before leasing to them, with some exceptions. Violators face fines of up to $500, and each day would be considered a separate violation.

Also today, a federal lawsuit was filed in Dallas on behalf of three Latino voters who live in Farmers Branch.

The lawsuit seeks the creation of single-member districts, in which a city council member is elected to represent a specific section of the city. Both large and small cities with diverse racial makeup use the system, said Rolando Rios, the attorney leading the suit.

Activists say if the method had been in place, at least one Latino candidate would have been elected to the council and could represent the group. All five council members are white men.

Since 1970, Farmers Branch has changed from a small, predominantly white community with a declining population to a city of almost 28,000 people, about 37 percent Hispanic, according to the U.S. Census Bureau.

The city had not yet been served with the lawsuit, said Farmers Branch spokesman Tom Bryson.

If it were up to me I'd say ignore the court blockage and enforce the ordinance anyways, let the feds or US Marshals go down and physically stop them from doing it. They're going to get sued or otherwise dragged through the courts whether they do or don't so not much point worrying about that, use some of the obl's tactics against them..

I guess the Oklahoma law is next...so much for the will of the people.......

What happens next is what I wonder? Is this stopped for good, or is there an appeals process or what?

There was no mention of it in the article.

Very depressing!!!

TexasGal

U.S. District Judge Sam A. Lindsay wrote that only the federal government can determine whether a person is in the United States legally.

And pray tell, just what SPECIAL talents or ability does the Federal govt have??? Either you have papers or you DON'T! Are you licensed to drive? YES........show me your license.....now that's simple. Are you here LEGALLY? YES......show me your papers. EVERY person in this country LEGALLY can prove as much. I would like to know just what the government does that any landlord can't do!!

The thing is NOT MANY, if any, illegal people are going to apply for an apt. knowing they will be asked for papers. Besides, the LAW states that you cannot rent to illegals. I take it to mean that the landlord is responsible for obeying the law. The ordinance only makes sure they follow the law.

This is SO absolutely maddening.

Originally Posted by Pegasus News

Judge says Farmers Branch immigration ordinance will not go into effect tomorrow
Pegasus News wire, Monday, May 21, 2007

FARMERS BRANCH — The Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union (ACLU) Foundation of Texas won a request for a temporary restraining order (TRO) today to block implementation of an anti-immigrant ordinance in Farmers Branch.

The ordinance was initially adopted by the Farmers Branch City Council in January and was recently approved by Farmers Branch residents in a vote on Saturday, May 12. The TRO blocks the ordinance from going into effect tomorrow as scheduled. Last week, attorneys for the ACLU and MALDEF filed the TRO application to block implementation of the ordinance. U.S. District Court Judge Sam A. Lindsay today granted the requests. "We are grateful that the court recognized the potential harm to landlords and tenants in Farmers Branch, should this unconstitutional ordinance have gone into effect," said Lisa Graybill, Legal Director for the ACLU of Texas. "We are confident that the court's preliminary findings will be sustained as the litigation moves forward."

"Today's ruling sends a clear message that Farmers Branch's ordinance, and other similar anti-immigrant ordinances blocked by courts around the country, are an illegal attempt to usurp federal power to regulate immigration," said Nina Perales, Southwest Regional Counsel for MALDEF. Attorneys for the ACLU and MALDEF will continue with the suit filed on December 26, 2006 in federal district court on behalf of residents and landlords who will be adversely affected by the ordinance. The lawsuit maintains that the ordinance violates federal immigration law and illegally puts landlords in the untenable position of serving as federal law enforcement agents. The complaint also alleges that the ordinance violates the fundamental rights of both landlords and tenants. Source

Well, well. The judiciary is just like a good torpedo, running hot straight and normal. The hell of it is, now we the taxpayers have to pay MALDEF and ACFLU for doing this to the good people of Farmers Branch. Pretty humiliating, huh. It really makes me hate the judiciary for playing on the anti-citizen team. This article doesn't say it but my understanding is Farmers Branch now will have to wait until the four trials are adjudicated. And even then, if the Mexicans win, we could see yet another restraining order until the appeals process has run its course.

Comment:

jnmunsey wrote:

This contradicts requirements by employers to verify if a potential employee is legally allowed to work. If "only the federal government can determine whether a person is in the United States legally" then ONLY the federal government can decide if a potential employee is allowed to work based on that criteria. This means the burden is not on employers to decide this, and they can hire anyone they want unless the federal government steps in. The truth is the same methods used to validate someone to work are the sames that could be used to determine eligibility to live here.

Makes sense to me!

Activists say if the method had been in place, at least one Latino candidate would have been elected to the council and could represent the group. All five council members are white men.

Funny how they never hesitate to play their trump card: THE RACE.

Interesting to me is the contrast to Escondido. In that city, Mexican advocates used the SLAPP tactic, causing the city to quit. They simply did not have the money to pursue the case all the way through the system. That's not a problem for the ACFLU, MALDEF, LULAC, SPLC and Mexico because the American taxpayers fund them fully for such litigation. When finished, the Mexicans literally rubbed Escondido's nose in the loss, maximizing the humiliation. At that time, last year, Escondido citizens faced three fates. First they could abandon their town and in fact, many have done just that, moving as far away as Nebraska. Secondly, they could bow their heads and learn to live under the orange, white and green flag with overcrowding, poverty, low quality socialized education and few English words. That's what most citizens did. Thirdly, they could go underground and resist the invasion in secret. I've heard that option was rarely chosen. If that happens to Farmers Branch, citizens there will face the same choices.

Its been a while since I rented... but I always had a credit check done. Is that not the case any longer? Or are the owners of those shacks don't care and rent to anyone with a pulse..