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  1. #1
    Senior Member FedUpinFarmersBranch's Avatar
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    TX-Opponents fighting Farmers Branch in court again

    Opponents fighting Farmers Branch in court again

    04:20 PM CDT on Wednesday, September 3, 2008


    DALLAS -- Opponents of the latest effort by Farmers Branch to force out illegal immigrants returned to federal court today.

    The lawsuit filed in Dallas seeks to halt a Farmers Branch ban on apartment and home rentals to tenants who can't prove they are legally in the U.S.

    Farmers Branch wants to require prospective renters to obtain a license from the city. Information from the application would go to the feds for verification of a tenant's immigration status.

    Lawyers for some apartment complex operators contend Farmers Branch is trying to regulate immigration -- despite it being the domain of the U.S. government.

    Attorney Michael Jung, who represents the Dallas suburb, hadn't seen the lawsuit and declined comment.

    A federal judge last week struck down a rule that would have required apartment operators to verify whether prospective tenants were legally in the U.S.

    http://www.wfaa.com/sharedcontent/dws/w ... 95152.html
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  2. #2
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    A federal judge last week struck down a rule that would have required apartment operators to verify whether prospective tenants were legally in the U.S.
    Perhaps this federal judgement-less should be strung up by his thumbs.
    Anyone dealing in real estate, rental or sales really needs to know not only their customers' ability to pay but should know if they are aiding and abetting illegals in the first place!!!!
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  3. #3
    Senior Member FedUpinFarmersBranch's Avatar
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    Opponents fighting Farmers Branch in court again
    By ANABELLE GARAY Associated Press Writer © 2008 The Associated Press
    Sept. 3, 2008, 7:14PM
    DALLAS — Opponents of a Dallas suburb's latest effort to force out illegal immigrants filed a lawsuit Wednesday seeking to stop a city ban on apartment and home rentals to tenants who can't prove they are legally in the country.

    The filing in federal court seeks to prevent Farmers Branch from requiring prospective renters to obtain a license from the city. Information from the license application would be forwarded to the federal government for verification of a tenant's legal immigration status.

    In the lawsuit, attorneys representing a group of apartment complex operators and a former Farmers Branch council member contend the city is trying to regulate immigration despite it being the domain of the federal government. It's ordinance doesn't include clear, detailed procedures and safeguards and places a burden and liability on landlords.

    Opponents also allege the city is violating federal housing laws by trying to deny a dwelling to a person based on ethnicity and national origin. The suit contends the new ordinance is part of a bigger attempt by Farmers Branch officials to push out Hispanic residents.

    "This particular ordinance, if anything, is more certainly unconstitutional," said attorney Bill Brewer, who represents opponents of the rule.

    City officials approved the latest ordinance to go into effect 15 days after a judge's final ruling on a previous ban that was challenged in court. The final ruling came Friday, when U.S. District Judge Sam A. Lindsay struck down a rule that would have required apartment operators to verify whether prospective tenants were living in the country legally. The judge concluded it was unconstitutional.

    The city's new ordinance was designed to fix the flaws the judge pointed out in the previous ordinance.

    Under the new city rule, the Farmers Branch building inspector would ask U.S. Citizenship and Immigration Services to check the status of thousands of renters using the Systematic Alien Verification for Entitlements. The database is used by government agencies to look up whether the immigration status of a person entitles them to a state or federal benefit, but it is not a complete collection of information on the many types legal immigrants.

    Officials with Citizenship and Immigration Services have said the city first must seek an agreement with the agency for Farmers Branch workers to access the database. Farmers Branch is not currently participating in either the SAVE database or E-Verify program, which is used by employers to check whether new hires are entitled to work in the U.S.

    Attorney Michael Jung, who represents Farmers Branch, said federal officials told the city to resubmit its application to use the database when the ordinance took effect.

    The ordinance tries to deter illegal immigration, but Jung said it is not part of an effort to discriminate against Hispanics.

    "We're anxious to move along, have the new ordinance go into effect and to have the court challenge resolved as quickly as possible," he said.

    Opponents will ask for a temporary restraining order on Thursday to prevent the rule from taking effect Sept. 13, Brewer said.



    http://www.chron.com/disp/story.mpl/ap/tx/5982150.html
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  4. #4
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    Judges - District Judge Sam A. Lindsay
    General Information

    1100 Commerce Street
    Room 1312
    Dallas, Texas 75242-1003
    Courtroom 1310

    Chambers: 214-753-2365
    Judicial Assistant: 214-753-2365
    Courtroom Deputy: Debra Graves - 214-753-2368
    Court Reporter: Charyse Crawford 214-753-2373

    OPINIONS PAGE
    http://www.txnd.uscourts.gov/judges/notable2.html#fb

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