FARMERS BRANCH, TX - A federal judge found Wednesday that Farmer's Branch rule prohibiting apartment rentals to illegal immigrants was unconstitutional and could not be enforced. In his decision, U.S. District Judge Sam A. Lindsay concluded only the federal government can regulate immigration. Farmers Branch didn't defer to the federal government in immigration matters. Instead, the city tried to create its own classification to determine which noncitizens could rent in Farmers Branch, the judge said.
The judge found that violates the supremacy clause of the U.S. Constitution, which allows for the federal government to preempt local laws. Farmers Branch's ordinance also didn't comply with the due process clause of the 14th Amendment because it was vague. The rule failed to provide clear guidance that immigration documents were acceptable and didn't explain what was meant by the ordinance phrase "eligible immigration status," the judge wrote. "This is absolutely a victory for the entire nation, honestly," said restaurant owner Elizabeth Villafranca, an opponent of the ordinance. But city leaders vowed the fight isn't over yet. "It's disappointing, absolutely disappointing," City Councilman David Koch said. "But we are not going to be derailed by the decision."
Council members passed the ordinance last year. It would have barred apartment rentals to illegal immigrants and required landlords to verify legal status. The rule would have exempted minors and people 62 and older from having to prove their immigration status or citizenship. Families made up of citizens and illegal immigrants would have been allowed to renew an apartment lease if they met three conditions: they were already tenants, the head of household or spouse was living legally in the United States, and the family included only the spouse, their minor children or parents.
In Wednesday's opinion, Lindsay also wrote that the city's attempts to salvage the ordinance faltered because they would have required the court to draft laws. That function is outside of the court's duties. Residents endorsed the rule 2-to-1 in May 2007 during the nation's first public vote on a local government measure meant to combat illegal immigration.
But a group of apartment complex operators, residents and advocates sued Farmers Branch. They alleged the rule was so poorly drafted that it could allow exclusion of legal immigrants and citizens from renting, was difficult to abide by because it didn't provide clear guidance for apartment managers and owners and improperly tried to turn property managers into policing agents. Lindsay then issued a preliminary injunction blocking Farmers Branch from enforcing the ordinance. Wednesday's decision makes the injunction permanent.
The city hired a law firm and consulted with University of Missouri-Kansas City law professor Kris Kobach to rework the ban and address the challenges to it. They came up with the latest ordinance, which council members approved in January. It would require prospective tenants to get a rental license from the city. Farmers Branch would ask the federal government for the applicant's legal status before approving the rental license. The rule was set to take effect 15 days after a ruling on the previous ordinance.
Backers believe this version will pass certain court challenges. "Until we get a different message, I think it's pretty clear that we're going to continue to fight for them and fight to try to regain our country as it relates to the immigration issue," Koch said. Wednesday's decision is not the final ruling that would allow the new rule to become effective. Attorney's fees and other issues still have to be resolved before a final judgment is entered. "We're encouraged that the legal problems that Judge L
Source: nbc5i.com