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Farmers Branch Mayor Opposes Immigration Ordinance

FARMERS BRANCH (AP) ― The mayor of the first city in Texas to forbid landlords from renting apartments to illegal immigrants is urging voters to strike down the ordinance.

It's the first time Mayor Bob Phelps has taken a public position against the measure, which was first adopted in November and resulted in lawsuits and outcry from civil rights groups, residents, property owners and businesses.

Voters in this Dallas suburb on Saturday will become the first in the country to decide whether to repeal or approve an apartment rental ban for illegal immigrants. Phelps, former mayor David Blair and former city manager Richard Escalante all signed a letter opposing the measure.

"The City should not waste millions of taxpayer's dollars to defend and ineffective ordinance that is likely never to become law," said the letter, which was an advertisement mailed a group opposing the ordinance. "There are better ways to handle this situation and better ways to invest this money in our community."

Documents reviewed by The Associated Press show the city paid almost $262,000 in immigration-related legal fees -- mostly with taxpayer money -- through March. And the costs are expected to climb. Council members last month increased the city's legal budget to $444,000.

Phelps did not immediately return phone calls Wednesday to The Associated Press.

The ordinance would require apartment managers or owners to verify the immigration or citizenship status of each apartment occupant before entering into a lease. Families that include citizens and undocumented members could lease if they meet three conditions: They're already tenants; the head of household or spouse is legally in the U.S.; and the family includes only a spouse, their minor children or parents.

Council members approved the regulation in November unanimously and then revamped it in January, saying it was necessary to protect the safety and well-being of residents. Phelps did not vote either time because the mayor only votes if there is a tie.

Almost immediately after its approval, civil rights groups, residents, property owners and businesses filed four separate lawsuits challenging the ordinance. Opponents gathered enough signatures to force the city to put the measure on Saturday's municipal election ballot.

If voters approve it, the ordinance is set to take effect May 22. But opponents say they would seek a court order barring its enforcement if it passes.

Opponents contend the ordinance forces landlords to act as immigration officers and discriminates against residents based on ethnicity and national origin. Attorneys also say the ordinance attempts to regulate immigration, which is exclusively a federal government duty.

Phelps and the two former city officials say in the letter that they oppose illegal immigration and want the country's laws upheld. But they say Farmers Branch can't shoulder all the responsibility for the federal government's failure in dealing with illegal immigration.

The debate over how to deal with people living in the city illegally has led to a large turnout for early voting on the issue.

More than 3,000 residents voted during early balloting, which ended Tuesday. That's hundreds more than the number who voted in each of the past two municipal elections, according to the Dallas County Elections Department.

"That's to be expected in this issue," Bruce Sherbet, the Dallas County elections administrator.

More than 90 cities or counties have proposed, passed or rejected laws prohibiting landlords from leasing to illegal immigrants, penalizing businesses that employ undocumented workers or training police to enforce immigration laws.

Approval of such ordinances has generated criticism, demonstrations and lawsuits in Valley Park, Mo.; Riverside, N.J.; Escondido, Calif.; Hazleton, Pa. as well.


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(© 2007 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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