Farmers Branch immigration tussle ongoing

Posted on September 22, 2008

A federal judge Monday agreed to fast-track a lawsuit challenging a Dallas suburb’s ordinance that would essentially bar illegal immigrants from renting homes there.

U.S. District Judge Jane J. Boyle, who earlier this month issued a temporary restraining order blocking enforcement of the Farmers Branch ordinance, agreed to an Oct. 29 deadline for motions to be filed in the case. She didn’t set a trial date, but attorneys for both sides agreed to Dec. 8 or sooner.

The ordinance would require 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. The city would revoke licenses of those who can’t prove they live legally in the U.S. and penalize landlords who rent to tenants lacking current licenses.

The plaintiffs, who include property managers, a former city council member and two civil rights groups [the American Civil Liberties Union Immigrants' Rights Project and the ACLU of Texas], say the ordinance is unconstitutional and infringes upon the federal government’s responsibility for enforcing immigration law.

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Comment from an attorney:

In a conversation with the Dallas Business Journal on Monday, Jung said no matter what side benefits from a summary judgment or an actual trial, it’s very likely the losing party will appeal.

Jung said Monday, “We are confident that ultimately we will prevail, and the constitutionality of the new ordinance will be upheld.” He added, “The Supreme Court held 30 years ago that states (which includes cities) may legally act in the immigration area in the support of enforcement of federal law as long as they don’t deviate from federal law.”

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Posted by John Ray. For a daily critique of Leftist activities, see DISSECTING LEFTISM. For a daily survey of Australian politics, see AUSTRALIAN POLITICS Also, don’t forget your roundup of Obama news and commentary at OBAMA WATCH (2). Email me (John Ray) here

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