Jan. 28, 2008, 6:41PM
Suburb asks judge to review immigrant housing plan
Farmers Branch, outside Dallas, wants revamped proposal for ban on noncitizens' leases considered in lawsuit


Associated Press

FARMERS BRANCH — A Dallas suburb mired in a lawsuit over its attempts to bar illegal immigrants from renting in the city asked a federal judge on Monday to consider its newly-revamped ordinance instead of the previous one.

The request would consolidate the ordinances and allow the judge to deliberate the validity of both, said Michael Jung, an attorney representing Farmers Branch.

The City Council approved a rule last week banning home and apartment rentals to illegal immigrants. The new rule would require potential tenants to get rental licenses from the city, which would ask the federal government for the applicant's legal status.

Farmers Branch has already been fighting a lawsuit filed by apartment complex owners and civil rights groups over an earlier rule barring landlords from renting apartments to most illegal immigrants.

U.S. District Judge Sam Lindsay blocked Farmers Branch from enforcing its original ordinance. The judge found Farmers Branch city officials attempted to create their own classification system for determining which noncitizens could rent an apartment. The judge also wrote that the ordinance essentially deputized landlords to serve as federal immigration agents.

In response, Farmers Branch officials hired a law firm to rework the ordinance.

Under Farmers Branch's latest ordinance, the city would forward information collected for the rental license to the federal government. Anyone deemed an illegal immigrant would have their rental license revoked, banning them from leasing in the city.

Attorneys for Farmers Branch say the federal government is required to work with local governments in confirming citizenship and immigration status.

While in Dallas on Monday, U.S. Citizenship and Immigration Services director Emilio Gonzalez said Farmers Branch first must seek an agreement with his agency to access the database. Then the agency would then consider whether the use is lawful and appropriate.

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