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Council may opt to not enforce migrant rules until election

08:44 AM CST on Sunday, January 7, 2007
By STEPHANIE SANDOVAL / The Dallas Morning News

Farmers Branch officials are considering holding off on enforcement of an ordinance banning apartments from renting to illegal immigrants until voters weigh in on the matter in May, Mayor Bob Phelps said.

The measure's opponents submitted a petition last month that forces the City Council on Monday to decide whether to repeal the ordinance or put it to a public vote in May.

Mr. Phelps and some political observers in Farmers Branch expect the council to call an election.

The ordinance, which requires apartment management to obtain proof that people leasing or renewing leases with them are U.S. citizens or in the country legally, is slated to take effect Friday.

But the council has the option of instructing staff not to enforce the ordinance at this time and to wait to see what the voters decide.

"I think it will be considered," Mr. Phelps said. "I can't speak for the City Council, but some of them have said they think that may be a wise thing to do."

Council member Tim O'Hare, the driving force behind the ordinance against illegal immigrants, said he hopes the council does not put off implementing it.

"While I'm all in favor of the public having a vote, I believe we should go ahead with implementing the ordinance," he said. "And if voters ask us to repeal the ordinance [in the election], then we can cease enforcement of it immediately."

He said the issue is not about what he or the council wants, but what the residents want.

"If the people of Farmers Branch don't want this ordinance in place, then we shouldn't do it," he said. "I think you'll find residents are overwhelmingly supportive of the ordinance, and it will pass with flying colors. ... I think this vote will give us the answer."

City Council member Jim Smith said he was undecided on whether to implement the ordinance or hold off until the vote.

"There's so much involved in this thing, I really don't know what to do," he said.

Council members Ben Robinson and Bill Moses did not return calls seeking comment Friday.

Council member Charlie Bird said he was unaware of the option to postpone implementation, but he declined to comment further.

Escondido, Calif., decided not to enforce a similar ordinance after the city was sued. A court issued an injunction preventing a similar rental ordinance from being enforced in Hazleton, Pa.

And Bridgeport, Pa., recently agreed not to enforce an ordinance the city approved in November that prohibits illegal immigrants from renting or working in the borough. The decision was intended to forestall a court injunction, according to news reports.

Three lawsuits have been filed in connection with the Farmers Branch ordinance, and on Jan. 22, a court is expected to hold a hearing on a request for an injunction halting implementation of the ordinance.

Resident Jim Manning, a staunch opponent of the ordinance, said he hopes the council will repeal the ordinance rather than hold a referendum.

"Some of the City Council members have, I think, regretted making the decision in November, and if they had the opportunity [again] I think they might vote against it," he said.

"That would give the council a chance to stand up and do what's right."

Tim Koch, who supports the ordinance, said that he believes the matter will go to a public vote but that he would be disappointed if the council suspends enforcement until the election.

"I think I've heard from at least two of them that they are very likely to say it's on the books and we're going to continue with enforcement," he said. "I'd be a little bit surprised if [Mayor Phelps] is right on that."

Whatever the council does Monday, elected officials and residents alike are eager to get the matter resolved.

"Every time you think this has kind of gotten to a point it's over, it rears its ugly head again," said Tim Scott, who backs the ordinance.

"I'd as soon vote on it tomorrow and let the chips fall where they may."

The debate over illegal immigration has raged in Farmers Branch since August, when Mr. O'Hare first made public his desire to impose local restrictions.

The earliest the city could have a referendum is May 12, along with the council elections, because that is the next uniform election date.

Mr. Phelps said he believes a public vote, not repealing the ordinance, is the right thing to do.

"That way, it puts the whole deal to bed anyway," he said.

But Mr. Manning said calling an election will only stretch out the debate.

"That's going to keep the whole city in suspense until May – four months – on what's going to happen, and the turmoil is going to continue," he said.

E-mail ssandoval@dallasnews.com