Town fights to ban rentals to illegal immigrants

Natalie Villafranca, 6, right, looks over at Robert Herndon holding signs in front of city hall in Farmers Branch, Texas, in this Aug. 26, 2006 file photo. / AP Photo/LM Otero, File

(AP) DALLAS - A Dallas suburb's long, expensive fight to ban illegal immigrants from renting homes will have perhaps its most important hearing before a largely conservative group of judges with the power to influence the national immigration debate.

Farmers Branch was sued four years ago after it passed an ordinance allowing the city building inspector to evict any illegal immigrant renters. Its case will now go before the full membership of the 5th U.S. Circuit Court of Appeals, with 10 of its judges appointed by Republican presidents and just five by Democrats.

Arguments are scheduled for Wednesday in New Orleans.

So far, no court has allowed Farmers Branch to enforce any form of the ordinance. But the appeals court's rare move to hear the case a second time, months after a different three-judge panel ruled against the city, could be a sign that the town might finally get a victory.

The current ordinance, which replaced an earlier 2006 version, would require all renters to obtain a $5 city license and fill out an application that asks about their legal status. Then, the city's building inspector would have to check whether any immigrant applying for a license was in the United States legally. Illegal immigrants would be denied a permit, and landlords who knowingly allow illegal immigrants to stay as tenants could be fined or have their renters' license barred.

The appeals court has directed all sides to focus on the U.S. Supreme Court's June ruling on Arizona's tough immigration law. That ruling rejected major parts of the law, but upheld the so-called "show me your papers" requirement, which gives law enforcement authority to check a person's legal status if officers have reasonable suspicion he or she is in the U.S. illegally.

Judge allows Arizona police to check immigration status of suspected illegal immigrants

Farmers Branch's attorneys argue that the city's ordinance is substantially different from Arizona's law and that the Supreme Court didn't act to stop local officials from restricting illegal immigrant renters.

Attorneys for the landlords and renters who originally sued the town believe Farmers Branch is encroaching on legal territory reserved for federal authorities.

A federal district judge ruled against the city two years ago, and a three-judge panel at the 5th Circuit upheld that ruling in March.

The full 5th Circuit is generally considered to be one of the nation's most conservative federal courts. Its decision to hear the Farmers Branch case is rare - fewer than 5 percent of petitions for a full court hearing are granted - though the court rehearing a case doesn't necessarily mean judges intend to reverse an earlier decision.

Based in New Orleans, the 5th Circuit hears cases from Texas, Louisiana and Mississippi, and its rulings are binding in those states only. But other circuit courts are considering laws similar to the one passed by Farmers Branch, and one circuit's opinion can be cited by attorneys elsewhere.

Farmers Branch has spent nearly $6 million on legal bills and expenses related to illegal immigration, according to a town spokesman.

[lgjhere]

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[rightontarget]

Please stop confusing the "real" immigrants (those who came to this country LEGALLY) with those who would sneak into our country and try to "steal" what so many others have "earned"! Everybody who came to this country did it to "create a foundation of success for their children". So what? The difference is that these "illegals" think they are somehow entitled to stay just because they are already here. That's crap!!!! If you STEAL something, in this case your residency, then you should NOT be allowed to keep it, pure and simple.

[MickProPer]

I can sympathize with the town, but the other side of the coin is this: I don't feel the need to justify my status as a citizen to anybody! Some "housing inspector" shows up at MY door, asking me to prove I'm a U.S. citizen, they're "done for the day"!

[63laura]

If I was a landlady and going to rent my property the person
better have Id and a job history and a good credit report.
Or I wont rent to them ,if they happen to be illegal tough,
thats the way it is.No one can force a homeowner to rent to
anyone not qualified not the govt or anyone.Also they will need
a matching soc. sec number for credit report.

[cntrygirl3]

It would probably be interesting to know how many "illegals" work as gardeners, housekeepers and dishwashers in this friendly little burb.

[aintfakin]

borismcchesny September 19, 2012 2:45 PM EDT
Isn't renting to a known illegal aiding and abetting?

Why would this even be debatable?
Reply to this comment

by jnostromo September 19, 2012 3:56 PM EDT
Harboring a criminal fugitive at the very least...
--------------------------------
no wonder this country is going to the illegals. They are smarter than most of the people posting here and work harder than almost everyone else.
If you really want to get rid of the illegals put a few of the biz owners who hire them in jail for a long time. It will take about 2 seconds after the first couple of guilty verdicts to get the word out and all the jobs for illegals will dry up like rain in the Sahara.
sure beats a small town paying 6 million for something that still has to be resolved.

[aintfakin]

I wouldn't hire that guy holding the sign either. He looks like he is more interested in eating than working. Funny thing is I'm sure he will be voting for Robmee who has been and will continue to ship jobs to china anyway.

[aintfakin]

nothing against Farmer's Branch but I'll bet the business owners who hire these illegals are krapping in their pants. I find it somewhat amazing that these politicians who pander for immigration control are giving it lip service only while they are really catering to the business owners behind the scenes who hire the illegals in the first place.

[hemusbull]

All field pick up, cleaning and other "dirty" work isn't done by US citizens. If you don't have these immigrants, you'll have to pay more for basics. Don't forget it, your economy is designed to use millions of illegals!

[tsigili]

The US government wants America to accept an alien culture, in unlimited quantity, in our neighborhoods.

I lived in that city, and I know WHY they are fighting. They are JUSTIFIED!

[borismcchesny]

Isn't renting to a known illegal aiding and abetting?

Why would this even be debatable?

[jnostromo]

Harboring a criminal fugitive at the very least...