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.