Jan. 22, 2008, 10:28PM
Farmers Branch approves new anti-illegal immigrant rule
By ANABELLE GARAY Associated Press Writer
© 2008 The Associated Press

FARMERS BRANCH, Texas — Leaders of a Dallas suburb prevented from enforcing a ban on leasing apartments to illegal immigrants approved a new rule requiring tenants to get rental licenses from the city and extending the prohibition to home rentals.

The Farmers Branch City Council voted unanimously for the new ordinance. Farmers Branch officials would forward a potential tenant's information to the federal government, to determine if the person is in the country legally.

"This may in the courts forever. I hope not, but the decision is: let's go for it," said Councilman Jim Smith.

Nearly 200 people filled City Hall, dozens of them either lauding the council over the proposal or denouncing city officials for continuing to push immigration-related measures.

"Here we go again ... I belive that this will not stand also," said Farmers Branch resident Jose Galvez.

Resident Mike Del Valle told the council: "I just want to say I support the new ordinance. I believe it's in line with what the federal government wants us to do."

Farmers Branch would use a federal database employed by state and federal agencies to verify if immigrants are entitled to certain benefits, such as housing, food stamps or school financial aid, said Michael Jung, an attorney with Strasburger & Price LLP, the firm hired by the city to rework its previous rental ban.

City Council members first approved an ordinance barring apartment rentals to illegal immigrants in November 2006 without discussion. They then revised the ordinance to include exemptions for minors, seniors and some mixed-immigration status families and approved it in January 2007. Residents endorsed the ordinance 2-to-1 in May.

But a federal judge has blocked Farmers Branch from enforcing the ordinance. The case remains pending in court.

In the previous ordinance the judge said the city was trying to use language from federal housing benefits to say who could or couldn't rent. The judge said they were trying to regulate immigration differently from the federal government, which is unconstitutional.

In response to the ruling, the city hired a law firm to rework the ban, officials said.

"People have asked us to address this," Councilman Tim O'Hare, who led efforts to approve the rule, said after the vote. "We think this is constitutional."

With the new proposal, a person who isn't a U.S. citizen would provide a number issued by the federal government that shows their lawful presence in the U.S. The number could be from any of a variety of legal documents. If federal authorities cannot confirm legal residency status, the person would have 60 days to provide proof, according to the proposal.

The city's measure would take effect 15 days after a ruling is made on the ordinance that is being contested in court.

However, the database the city proposes checking is used by government agencies to look up whether the immigration status of a person entitles them to a state or federal benefit. Many people not eligible for those benefits are living in the country legally, such as those with student visas.

"From U.S.C.I.S.' standpoint, there is no database where the city or anyone can pickup the phone and give alienage, like yes this person is legal or no that person isn't legal, there is no such database," said Maria Elena Garcia-Upson, a spokeswoman for U.S. Citizenship and Immigration Services.

http://www.chron.com/disp/story.mpl/ap/tx/5477005.html