Thread: Federal Judge Halts Rental Ban in Farmers Branch

Federal judge halts rental ban in Farmers Branch

By PATRICK McGEEpmcgee@star-telegram.com


DALLAS — Farmers Branch suffered another setback Friday when a federal judge ordered a temporary halt to the city’s latest ordinance banning illegal immigrants from renting apartments in the city.

The new ordinance, set to go into effect Saturday, comes on the heels of a similar ordinance that was declared unconstitutional by a federal judge this summer.

U.S. District Judge Jane Boyle ruled Friday that those who sued the city are likely to prevail at trial with their argument that the city is overstepping its bounds by enforcing areas of immigration law that are reserved only for the federal government.

Boyle said this can create a "slippery slope," with cities and states deporting illegal immigrants from their borders.

"The federal government’s authority over immigration would effectively be eviscerated," Boyle said from the bench.

Farmers Branch Mayor Tim O’Hare listened to more than two hours of oral arguments and said he was not surprised by the ruling.

"I think the judge is wrong," he said. "I think the will of the people of Farmers Branch is not being carried out, and I think ultimately this matter will be resolved in the U.S. Supreme Court."

Opponents of Farmers Branch’s latest effort had asked the judge for a temporary restraining order to keep the city from requiring prospective apartment and house renters to obtain a city license. Under the ordinance, the city would forward information from the license application to the federal government so it can verify immigration status.

The request to stop the ordinance continues a nearly two-year battle in Farmers Branch, where officials have created a handful of measures attempting to keep illegal immigrants from living there. The proposed laws have been met by lawsuits and protests.

Under the latest ordinance, those who can’t prove they live legally in the U.S. could not qualify for tenants’ licenses, and the city would penalize landlords who rent to people without a valid license.

A group of landlords and a former City Council member sued over the ordinance this month, contending that the city is trying to regulate immigration even though it’s the domain of the federal government. They also say the ordinance doesn’t include clear procedures and safeguards while placing liability on landlords.

The plaintiffs say that the city is violating federal housing laws and that the ordinance is part of an attempt to push out Hispanics.

"In addition to the fact that it attempts to impose a 'license’ requirement on the exercise of the fundamental human right to live in a dwelling place, Ordinance 2952 is unconstitutional and violative of federal and state law in numerous other critical respects," the petition for the restraining stated.

City officials planned to seek an agreement with the federal government for access to the Systematic Alien Verification for Entitlements database and were working on an online method to apply for a license, the city’s attorney has said.

Officials with U.S. Citizenship and Immigration Services have said the city must apply for an agreement to access the database. Federal officials would then consider whether it’s lawful and appropriate for the city to access the database, which is used to determine whether immigration status entitles a person to a state or federal benefit.

Some 100 U.S. cities or counties have considered, passed or rejected similar laws, according to the Puerto Rican Legal Defense and Education Fund.

http://www.star-telegram.com/state_news ... 05397.html

Picture of the old border fence that goes with this article at this link:

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There is NO constitutional authority for the feds to regulate immigration, only citizenship. States used to issue passports and even the NY case in the 1900s (charging immigrants a fee) was prosecuted by the Feds against NY, under the COMMERCE Clause.

We need to make sure this gets to the Supreme Court and that states are given back to powers to govern themselves. It's not that the government is paying the states to support the illegal aliens is it? It's also not enforcing federal law and tying our hands. Time to take it out of federal hands.