Thread: Farmers Branch won't enforce immigrant rental ban yet

Judge's schedule OK means Farmers Branch won't enforce immigrant rental ban yet 11:21 AM CT

11:22 AM CDT on Monday, September 22, 2008
By STEPHANIE SANDOVAL / The Dallas Morning News
ssandoval@dallasnews.com

Farmers Branch’s latest effort to halt property rentals to illegal immigrants is on hold until a lawsuit seeking to have it struck down as unconstitutional is resolved.


U.S. District Court Judge Jane Boyle on Monday agreed to a proposal from the city and the attorneys for one group of plaintiffs that will have the case to trial, if necessary, by December.

With the judge’s approval of that schedule, a temporary restraining order issued 10 days ago has been converted into a preliminary injunction — meaning the city will not enforce its ordinance until the trial.


Another group of plaintiffs opposed the agreement. Nina Perales, regional counsel for the Mexican American Legal Defense and Educational Fund, said that organization is involved in similar court actions across the country and need more time to prepare.


But Judge Boyle, who consolidated the two suits, said if the city is willing to hold off on the ordinance in order to move things along, she was agreeable to the expedited schedule. She encouraged the attorneys to work together to speed up the trial process.


[b]“I’m sympathetic with everyone’s position here,â€

We have a numbersUSA alert today. Everyone call your senators. See:

http://www.alipac.us/ftopicp-774235.html#top

Ordinance 2952 would require renters of all apartments and single-family homes to obtain an occupancy license. Residents would have to declare their citizenship status or that they are in the country legally. Information on non-citizens would be entered into a federal database and anyone unlawfully in the country would have their license revoked and be forced to move.

Will the state support E-Verify? For E-verify is the solution to breaking the magnet of the undocumented people into the United States. Housing and working the undocumented people would cease.
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Related Post on I-9s:
http://www.alipac.us/ftopict-131673-i9s.html

Originally Posted by vmonkey56

Will the state support E-Verify?
____________________________
Related Post on I-9s:

http://www.alipac.us/ftopict-131673-i9s.html

If the government program goes down it doesn't matter what the states say. It is a federal government program that is free to the states and individuals. That's why this is so critical. Read the whole alert.

Sounds like a smart move by the city , and it sounds like MALDEF and the
ACLU will not be able to take so much money from the city for trial with them combined if we lose .

I still do not understand how it is unconstitutional to rent to someone who is illegally in the country, but it's ok to refuse to rent to someone with a dog or smokes or is 50 instead of 55, or has a bad credit report, etc.

13Comments
Judge sets deadline for motions in rental ban dispute
By ANABELLE GARAY
Associated Press
Sept. 22, 2008, 5:02PM
Share Print Email Del.icio.usDiggTechnoratiYahoo! BuzzDALLAS — The legal fight over whether a Dallas suburb can ban illegal immigrants from renting homes won't be allowed to trudge slowly through the court system, a judge ruled Monday.

The last time opponents challenged a Farmers Branch housing rule seeking to drive out illegal immigrants through housing restrictions, it took nearly two years to reach conclusion. That case ended in August, when a federal judge found an ordinance that would have required apartment landlords to verify legal status or citizenship was unconstitutional.

By then the suburb had drawn up a similar ordinance, which led to two other lawsuits by opponents seeking to stop it. Those suits were consolidated into one case.

On Monday, U.S. District Judge Jane J. Boyle agreed to fast-track those legal challenges. She approve an Oct. 29 deadline for motions in the case. She didn't set a trial date, but both sides have agreed to Dec. 8 or sooner.

Earlier this month, the judge issued a temporary restraining order stopping the latest law from being enforced. She agreed Monday to continue halting the ordinance from taking effect while legal challenges continue.

The latest ordinance would require house and apartment tenants to seek a rental license. City officials want to check the names of license applicants who aren't U.S. citizens against a federal database. The city would revoke licenses of those who can't prove the live legally in the U.S. residency and penalize landlords who rent to tenants lacking current licenses.

Farmers Branch and one group of ordinance opponents — which include apartment operators and a former city council member — agreed last week to the expedited legal timeframe. Farmers Branch approached the plaintiffs about coming up with the mutual scheduling order.

Another plaintiff had sought more time, but Boyle denied that request.

The Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union Immigrants' Rights Project and the ACLU of Texas told the judge they needed more time because they are challenging other immigration-related ordinances around the country, including one proposed in Hazleton, Penn.

More than 100 local governments nationwide have considered rules targeting immigrants in recent years.


http://www.chron.com/disp/story.mpl/met ... 16337.html