Thread: Texas suburb adopts new anti-illegal immigrant law

Texas suburb adopts new anti-illegal immigrant law

Anabelle Garay - Associated Press Writer - 1/23/2008 7:30:00 AM
FARMERS BRANCH, Texas - Leaders of a Dallas suburb that was blocked from enforcing a ban on leasing apartments to illegal immigrants approved a new rule Tuesday to require prospective tenants to get a city license to rent homes and apartments.

The measure, approved unanimously by the City Council, requires tenants to provide information to the city, which would then check with the federal government to determine the person's immigration status. Anyone deemed an illegal immigrant would be banned from renting.

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

Nearly 200 people packed into City Hall for the council vote. Dozens lauded the council, while dozens more denounced city officials for continuing to push immigration-related measures. "Here we go again. ... I believe that this will not stand, also," Farmers Branch resident Jose Galvez said.

A November 2006 ordinance barred apartment rentals to illegal immigrants and was revised in January 2007 to include exemptions for minors, seniors and some mixed-immigration status families. Residents endorsed the law 2 to 1 in May.

Nationally, many local governments have proposed, passed or rejected similar laws. But Farmers Branch gained extra attention as the first community in Texas -- where many Latino families trace their roots here to the era before statehood -- to propose such laws.

A federal judge blocked Farmers Branch from enforcing its first ordinance after finding that city officials tried to regulate immigration differently from the federal government. The case remains in court.

The city hired a law firm to rework the ban, officials said.

Under this ban, Farmers Branch would use a database employed by state and federal agencies to verify whether immigrants are entitled to certain benefits, such as housing and food stamps, said Michael Jung, an attorney with Strasburger & Price LLP.

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.

A spokeswoman for U.S. Citizenship and Immigration Services said there is no such database the city can use for the purpose they say they intend to use it for.

"There is no database where the city or anyone can pick up the phone and give alienage, like yes this person is legal or no that person isn't legal; there is no such database," Maria Elena Garcia-Upson said. In addition, the database the city refers to is used to verify whether legal non-citizens are eligible for public benefits. But many people who are in the country legally, such as foreign students, are not eligible for federal or state benefits, she said.

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

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




I'm not sure why no one can come up with a law that can't stand up to a court challenge, especially if they follow Oklahoma's lead.

My understanding is that when OK was working on their anti-illegal immigration law they worked it out to where it was in synch with federal law.

Well, federal law clearly states that it is illegal for any person to shelter or harbor illegal aliens or to, in any way, do anything which encourages and/or facilitates, them to continue to remain here illegally.

It seems to me that those renting to them would be in violation of both of these things.

I guess my question is why no one has been able to come up with a law worded so that it is compatible with federal law and therefore able to withstand challenges?