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Home Front: Culture Wars
Immigrant Rental Rule in Texas Blocked
2007-05-21
A federal judge Monday blocked enforcement of a voter-endorsed ordinance preventing apartment rentals to most illegal immigrants in this Dallas suburb, opponents of the ban said.

The ordinance was to take effect Tuesday, more than a week after voters approved it. Opponents had filed three requests in federal court for an injunction to stop its enforcement.

The ordinance requires managers to verify that renters are U.S. citizens or legal immigrants before leasing to them, with some exceptions. Violators face fines of up to $500, and each day would be considered a separate violation.

Only the federal government can determine whether a person is in the United States legally, wrote U.S. District Judge Sam A. Lindsay.

Instead of deferring to federal officials, Farmers Branch has created its own classification to determine which noncitizens may rent an apartment, the judge ruled.

Lindsay also wrote that the city appeared to have used federal regulations on housing benefits for noncitizens to define who may rent an apartment in the city.

"The court recognizes that illegal immigration is a major problem in this country, and one who asserts otherwise ignores reality," Lindsay wrote. "The court also fully understands the frustration of cities attempting to address a national problem that the federal government should handle; however, such frustration, no matter how great, cannot serve as a basis to pass an ordinance that conflicts with federal law."

Also Monday, a federal lawsuit was filed in Dallas on behalf of three Latino voters who live in Farmers Branch.

The lawsuit seeks the creation of single-member districts, in which a city council member is elected to represent a specific section. Both large and small cities with diverse racial makeup use the system, said Rolando Rios, the attorney leading the suit.

Activists say that if the method had been in place, at least one Latino candidate would have been elected to the council and could represent the group. All five council members are white men.

Since 1970, Farmers Branch has changed from a small, predominantly white community with a declining population to a city of almost 28,000 people, about 37 percent Hispanic, according to the Census Bureau.

The city had not been served with the lawsuit, said Farmers Branch spokesman Tom Bryson.
Posted by:Anonymoose

#5  Bruce, if the Government really wants to do employee verification, they can do it easily and they already have a working template in place: the instant-check system for firearm purchases.
Just following that alone would knock most illegals out of the hiring box. Add draconian penalties to employers hiring them and illegal immigration would be a thing of the past. That said, what it will probably take is a recession to get such a plan implemented.
Posted by: Mac   2007-05-21 23:43  

#4  A federal judge Monday blocked enforcement of a voter-endorsed ordinance preventing apartment rentals to most illegal immigrants in this Dallas suburb, opponents of the ban said.

Which is how every piece of 'enforcement' in the amnesty bill is going to be gutted. Some fed judge is going to declare what they don't like unconstitutional. The whole government lacks any integrity with the exception of the guys literally putting their lives on the line daily. Lord North couldn't be any more deaf.
Posted by: Procopius2k   2007-05-21 22:08  

#3  411, this proves not to be the case. An employer only has to ask EVERYBODY for proof they are eligilbe to work, that is you are a citizen or permanant resident. You cannot challenge a document presented because that might cause discrimination. For example if the SSA tells you a worker's SSN is not correct you can't fire the worker. Legally your're supposed to quartely ask for a correct number.
My biggest nightmare about immigratiom is that we will end up with a system where you wait one or two years before you can be hired while everybody waits to be approved for employment by the INS or whoever gets put in charge of this.Yes the approval is supposed to be "instant", but you don't think anybody is going to be working the week before Memorial Day?
Posted by: bruce   2007-05-21 20:54  

#2  Only the federal government can determine whether a person is in the United States legally, wrote U.S. District Judge Sam A. Lindsay.

Except sir, employers are being asked to determine who is legal and who is illegal. It would also seem that all laws not addressed by the Federal government fall to the States.
Posted by: 411   2007-05-21 20:17  

#1  For once the Courts seem to actually understand the Constitution. Jurisdiction over immigration is one of the very few powers delegated to the Federal government. When the Federal government creates laws (or refuses to enforce laws) in this area the States and local governments have no legal recourse, as far as I can tell. The ONLY way to fix this mess is to replace your representatives in Washington. Every last one of them, if need be.
(BTW, my e-mail re immigration to Sen. Vitter this morning got a reply, 'canned', but appropriate, much to my surprise. Nada (hey, I'm trying to get with the program) from my other reps.)
Posted by: Glenmore   2007-05-21 18:46  

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