Thread: Judge halts Texas city's immigration law

Tacoma, WA - Tuesday, June 19, 2007 < Back to Regular Story Page

Judge halts Texas city's immigration law


By ANABELLE GARAY
Last updated: June 19th, 2007 03:53 PM (PDT)

A federal judge on Tuesday blocked the Dallas suburb of Farmers Branch from enforcing a voter-approved law prohibiting apartment rentals to illegal immigrants until a legal challenge is resolved.
U.S. District Judge Sam Lindsay had previously issued a temporary restraining order in May, blocking the law a day before it was to take effect. He issued a preliminary injunction Tuesday.

The law would have required apartment managers to verify that renters are U.S. citizens or legal immigrants before leasing to them, with a few exceptions. Landlords would have faced fines of up to $500 for violating the measure with each day considered as a separate violation.

"Today's decision should serve as a cautionary tale for other Texas municipalities that have considered similar ordinances," said Lisa Graybill, legal director for the ACLU of Texas, which is suing the city. She said the towns should concentrate on local issues such as schools and law enforcement.

Calls placed to city officials and one of the city's attorneys were not immediately returned Tuesday.

Farmers Branch voters endorsed the ordinance 2-to-1 in May during the nation's first public vote on a local government measure meant to combat illegal immigration. City council members unanimously approved the measure last year, saying it was necessary to protect the safety and well-being of residents.

Opponents of the ordinance have argued that it is unconstitutional, discriminatory and too vague.

They say apartment managers, and not immigration authorities, would determine who is eligible to live in Farmers Branch and face the legal repercussions of those decisions. The measure also prevents U.S. citizen children and their undocumented immigrant parents from living together in Farmers Branch, opponents say.

During a hearing this month, lawyers for Farmers Branch acknowledged there were still "drafting issues" with the ordinance. They presented a document outlining how the ordinance could be salvaged if the court finds portions of it are flawed.

Attorneys for the ordinance's opponents say the court would be overstepping into the legislative branch if it were to rewrite the measure.

Nationwide, more than 90 cities or counties have proposed, passed or rejected laws prohibiting landlords from leasing to illegal immigrants, penalizing businesses that employ undocumented workers, or training police to enforce immigration laws.

"Around the nation, every judge who has reviewed these local anti-immigrant ordinances has put a stop to them," said Nina Perales, the regional counsel for the Mexican American Legal Defense and Educational Fund who argued for the preliminary injunction.

Originally published: June 19th, 2007 03:53 PM (PDT)


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http://www.thenewstribune.com/tacoma/24 ... 91196.html

Just where in the Constitution does it say that illegal aliens have rights in this country?

From The Constitution: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The only issue I see is the naturalization issue -- what would naturalization mean? If someone is not born here or not naturalized then they have no rights under the constitution. Maybe we should have the next attorney general (as in forget Gonzales) go after the ACLU.

I believe the problem lies with the "nor deny ANY person within its jurisdiction..........."

Seems I remember being told that those words had been interpreted by a court to mean those illegally here just as much as they applied to citizens.

Attorneys for the ordinance's opponents say the court would be overstepping into the legislative branch if it were to rewrite the measure.

seems to me the court over stepped in to the legislative branch when it refused to do what the voters wanted and the legislature wrote!

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