The City of Farmers Branch, Texas continues its quest to drive illegal aliens out of the city. Just like their previous attempts to craft legislation towards this goal, their latest attempt has been rebuffed by the Federal Courts. On September 13, 2008 U.S. District Judge Jane Boyle issued a temporary restraining order barring the city from implementing its latest ordinance aimed at halting housing rentals to illegal immigrants. The law if it had taken effect would have required all, apartment and home renters to obtain a city occupancy license by stating that they were U.S. citizens or were in the country legally. Farmer’s Branch mayor Tim O’ Hare stated:
“I think the will of the people of Farmers Branch is not being carried out,” he said. “I think you’ll ultimately see this matter resolved by the U.S. Supreme Court.”
While not the first to try it, the Dallas suburb of Farmer’s Branch,Texas is the latest to test the Constitutionally perilous waters of limiting the right of those not in this country legally to rent housing and obtain other basic services. It is primarily a Hispanic issue in Farmer’s Branch but the ban would apply to any person in this country illegally.
The controversy started back in May of 2007 when Farmer’s Branch passed a law targeting illegal immigrants by barring them from renting apartments. Ordinance 2903 would have required apartment management to obtain proof of citizenship or legal immigration status before entering into or renewing leases or rental agreements. The only exception to the ban would have been that mixed-status families could stay if they were already living in the apartment, the spouse or head of household is a citizen or here legally, and the household includes the head of household and spouse and their minor children or parents.
While the Farmer’s Branch statute has not worked its way that far up the federal court ladder, a permanent injunction on the original ordinance was granted by Federal Judge Sam Lindsey blocking the enforcement of the ordinance pending a full trial. In issuing the injunction Lindsey focused on the Federal Preemption and the Supremacy Clause of the Constitution.
I agree with the Federal Courts. Whether you agree or disagree with the basic premise of regulating certain rights of those in this country illegally, it is not a local or state issue. The Federal Government has already spoken on this issue and when the Federal Government speaks the Supremacy Clause of the U.S. Constitution listens and shouts back. The Supremacy Clause is shouting that we already have the Immigration and Nationality Act in place speaking loud and clear. No arm chair legislation needed or wanted.
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September 15th, 2008 at 5:42 pm
It’s too bad the District Judge halted enforcement because the problem is a state and local problem. It’s the state and local governments that are having to provide public assistance to a large number of illegal aliens. They are filling up and overcrowding out schools, hospitals, prisons and we just stand by and watch. Illegal aliens shouldn’t be afforded the same rights as US citizens. We don’t have the same rights when we go to their country do we? It’s about time that America wakes up and puts an end to illegal immigration. It’s costing our country jobs, education not mention billions of dollars of public aid.
I’m all for legal immigration but the illegals should go home.
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September 15th, 2008 at 6:24 pm
Supremacy Clause? Didn’t the Supreme Court throw that out in the Medellin case?
Brian, you are relentless in your attempt to parse out the emotional arguments from the objective legal issues. Unfortunately, I don’t think the majority of your readers will be able to put aside their emotions and bigotry to address the constitutional interpretation issue.
The comments you will see following mine are going to go like this: Supremacy Clause be damned. Filthy illegals need to go. They steal jobs, don’t pay taxes, and commit crimes.
*Sigh* lets see if the sooths I say come to be.
September 15th, 2008 at 10:03 pm
“Whether you agree or disagree with the basic premise of regulating certain rights of those in this country illegally, it is not a local or state issue.”
In a pair of June 2006 articles, the Morning News reported that a recent patient survey indicated 70% of the women who gave birth at Parkland in the first three months of 2006 were illegal immigrants. So it most definitely IS a local AND state issue. The hospital spent $70.7 million delivering babies born there in 2004, with taxpayers covering about 40% of the costs ($31.3 million) directly.
Their (illegals) medical care is free – simply because they are illegal immigrants. Now, explain this: There are about 140 legal patients who received roughly $4 million for un-reimbursed medical care but, they did not qualify for free treatment because they resided outside of Dallas County. So, the hospital is going to sue them. Illegals get it all free but, U.S. citizens who live outside of Dallas County get sued. Makes sense to me.
I’m thinking about going downtown and renouncing my citizenship so that I can get the medical care that I too need. Would you represent me in getting this done? You can charge me for the service but after I get my new citizenship don’t expect me to pay you, ok?
September 15th, 2008 at 10:46 pm
Here’s some reality minus the retardation of the law and people who make and enforce laws.Why would these farmers not want these so called Illegal people here they know how to use and abuse them no problemo.Now without oil Texas would most likely be one of the poorest state in this country.County Court Judges speak on the media about aspects of society they have no business tending to.America has so many REAL problems right now.I would open the gates to anyone who can prove they WON”T be a criminal here peroid.The audacity of all these white people who ALL originated from distant shores to now try to encraoch any mans right to pursue happiness.What a joke I have no respect for any of those lazy worthless rednecks.
America better wake up and get with the program the only way we are going to escape the years of selfishness and self righteousness is manufacturing and agriculture.We need to feed the world and give them the tools to make a better life period or we’re dead.
September 16th, 2008 at 5:29 am
What happens when you add in the 10th amendment, and that states enforcing their laws is an inherent right retained by the state?
Judge Jane Boyle’s reason for the retraining order was not that the law should be determined by a constitutional-minded court, but rather “the measure could cause irreparable harm to apartment complexes by driving prospective tenants away and that the measure might be struck down at trial.”
This is mainly having to do with a business’ right to a free market and less to do with any constitutional right of an illegal alien.
Judge Sam Lindsey blocked the previous ordinance with regards to the Supremacy Clause because “…only the federal government may determine whether someone is in the country legally.”
With that statement, the City Council wrote Ordinance 2952.
So, I think you’re using the Judge Boyle’s restraining order with regards to the wrong Ordinance. 2952 does not challenge the Supremacy Clause.
September 16th, 2008 at 1:15 pm
You are absolutely right about Judge Boyle’s ruling. She was looking at a different issue as brought up in the new statute. She was not required to address the Supremacy Clause. In the end however I believe the Supreme Court will hold that no matter how they tweak the statutes they are still attempting to regulate an area reserved to the Federal Government.
September 17th, 2008 at 8:49 pm
I got to meet Geraldo Rivera last week. Whatever you think of his position on this issue, he had three interesting points to make:
1. Of all the “terrorists” that have been caught or identified, ZERO of them arrived in the U.S. by way of the U.S. Mexico border.
2. These immigrants pay more in taxes than the pubic services they comsume. Undocumented immigrants pay the same real estate taxes—whether they own homes or taxes are passed through to rents—and the same sales and other consumption taxes as everyone else. The majority of state and local costs of schooling and other services are funded by these taxes. Additionally, the U.S. Social Security Administration has estimated that three quarters of undocumented immigrants pay payroll taxes, and that they contribute $6-7 billion in Social Security funds that they will be unable to claim.
3. Bush doesn’t need the legislature to decriminalize the status of the vast majority of undocumented aliens. He can implement his very own “Emancipation Proclamation” by exercising his pardon power. If Bush were to pardon people in this country that violated immigration laws then it would accomplish what he was barred from accomplishing with his amnesty program.
Fascinating to hear Rivera on these issues. You can tell that he has done his homework on the subject. I want to also mention that he had a counterpunch against the claim that undocumented immigrants steal American jobs: “Last week Merril Lynch layed off a ton of workers. I promise you that none of them are worried that they can’t get jobs picking blueberries. I can also assure you that Merril Lynch won’t replace the layed off workers with undocumented aliens from Mexico.” HA!
September 23rd, 2008 at 4:24 pm
Excellent topic but there is no debate.A country founded by immigrants and can afford a population of 700 million easy needs to embrace and harness this whole new workforce.Open old factories BUILD something Prosper just like we have for decades.America better wake up QUICK.
September 27th, 2008 at 8:45 pm
DavidWard, you made some really strong statements about illegal immigrants. I think illegal immigrants should be given an opportunity to become citizens of the United States. I don’t see how these guys are taking jobs from American citizens. These guys have to do low-key work because they are illegal immigrants. I don’t see a lot of American citizens lining up to do fieldwork, landscaping, and any other jobs.
October 4th, 2008 at 3:32 am
I have a cartoon that depicts Europeans arriving to the New World in 1492 and the AmerIndian receiving them at the landing site said to them:
“Please, be sure not to overstay your visa.”
516 years later, the direct descendants of those first “illegal aliens” are clamoring to send back to Mexico those who are the direct descendants of the AmerIndians (as most Mexicans are) and calling them “illegal” -
February 22nd, 2009 at 5:14 am
The issue I have with the immigrants is that they have too many children because they are Catholic and don't use birth control. They engage in the peasant logic that says GOD will provide. The only problem is, GOD doesn't have a mailbox so HE/SHE can't sent a check to pay for all these children everyone else has to pay for. WAKE UP Mexicans! You DO NOT pay enough taxes to pay for the free lunches and free education your kids receive.