Posted on 05/21/2007 3:46:07 PM PDT by TaxPayer2000
FARMERS BRANCH, Texas — A federal judge on Monday issued an order halting enforcement of a voter-endorsed ordinance preventing apartment rentals to most illegal immigrants, a day before the ban was to take effect in this Dallas suburb.
U.S. District Judge Sam A. Lindsay wrote that only the federal government can determine whether a person is in the United States legally.
Instead of deferring to federal officials, Farmers Branch has created its own classification to determine which noncitizens may rent an apartment, the judge ruled, also noting that Farmers Branch appeared to have taken federal regulations regarding housing benefits for noncitizens and used them 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."
The ordinance was to take effect Tuesday, more than a week after voters approved the regulation by 68 percent, according to unofficial election results.
However, "public approval of the Ordinance, by itself, does not guide the court as to whether the Ordinance complies with the law," the judge wrote.
Opponents of the ordinance filed three requests in federal court for an order 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.
Lawlessness. Anarchy.
|
|
|
| Birth: | 1951 |
| Year Service Began: | 1998 |
| Appointed by: | President William J. Clinton |
| Education: | St. Mary's University, San Antonio 1974 BA; University of Texas School of Law 1977 JD |
| Government: | Texas Aeronautics Commission 1977 - 1979; Dallas City Attorney's Office, 1979 - 1992; Dallas City Attorney 1992 - 1998 |
| Current Memberships: | State Bar of Texas and Dallas Legal Association |
So it sounds as if only the federal government can pass any laws or take any action to deal with illegal immigration. Which brings us back to Washington and the back room deal that they are trying to pass right now.
Just say NO to Amnesty!!
U.S. Senate switchboard: (202) 224-3121
U.S. House switchboard: (202) 225-3121
White House comments: (202) 456-1111
Find your House Rep.: http://www.house.gov/writerep
Find your US Senators: http://www.senate.gov/general/contact_information/senators_cfm.cfm
Yet again, legislating from the bench. Doesn’t matter what the voters say anymore.
If they wouldn't’t allow it , why should we ?
Stop the namby-pamby hypocrisy!
Parity !
This ruling is a joke. More anti-American illegal alien amnesty.
I hope Farmers Branch fights this. I am tired of Latino Racist groups like La Raza (The Race) dictate that illegal aliens have more rights than American citizens
Ridiculous ruling.
You beat me to it !
While I hate the ruling, I understand it. Who's to say that these people aren't here on a Work VISA, Student VISA, H1B Visa or here as tourists or are political refugees (granted, this is a 0.001% likelihood).
We live in a Republic, not a Democracy; and this serves as a great example of why a Republic is superior. This is not a case of mob rule, the judge did his job and indicated 'Why' the law as written cannot work. Now, it is up to the township to find a way to get the same result, within the fabric of the law; or work to overturn that law, or work with the state to create a law that they can enforce.
Once this precedent is set, and the loopholes are filled, other towns can enact legally sound measures to accomplish what this town started.
Black-robed Clintonistas once more.
Like the one Clintonista said: “It’ll take years for them to undo what we’ve done.”
John / Billybob
Somebody needs to stand up to the dictators in black robes.
Somebody needs to stand up to the dictators in black robes.
The law was pretty unenforceable. There is no way somebody renting a room can tell if papers are fake or not. The only accessible citizenship database is for employers only, and any other use is unlawful.
What this means practically, is when they try and nail some landlord for renting to an illegal, he just shrugs and says “Their papers looked good to me”, and there’s not a dang thing they could do to prove otherwise.
The only way they could get around this would be to require that all persons renting in their city have to get police approval before they can rent. And *that* isn’t going to happen.
If not, guess how the enforcement part of the current sham-nesty bill will turn out.
those people can validate their status.
Just change from “illegal immigrants” to “valid Driver License, SSN, plus anything else difficult for illegals to get.
The judge gave a way around this... just avoid “illegal immigrant”.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.