Jun 19, 2007 5:50 pm US/Central
FB Immigration Ordinance Injunction Granted
FARMERS BRANCH (AP) ―
A federal judge stopped enforcement Tuesday of a voter-approved ban prohibiting apartment rentals to illegal immigrants in Farmers Branch until a ruling is reached in the case.
The ordinance would have required apartment managers to verify that renters are U.S. citizens or legal immigrants before leasing to them, with a few exceptions. Landlords would have faced fines of up to $500 for violating the measure with each day considered as a separate violation.
Farmers Branch voters endorsed the ordinance 2-to-1 in May during the nation's first public vote on a local government measure meant to combat illegal immigration.
But U.S. District Judge Sam Lindsay issued a temporary restraining order May 21, blocking the law's enforcement a day before it was to take effect. The judge later extended the restraining order until June 19 to consider the preliminary injunction.
Opponents of the ordinance have argued that it is unconstitutional, discriminatory and too vague.
They say apartment managers, and not immigration authorities, would determine who is eligible to live in Farmers Branch and face the legal repercussions of those decisions. The measure also prevents U.S. citizen children and their undocumented immigrant parents from living together in Farmers Branch, opponents say.
Farmers Branch council members unanimously approved the measure last year, saying it was necessary to protect the safety and well-being of residents.
But during a hearing this month, lawyers for Farmers Branch acknowledged there were still "drafting issues" with the ordinance. They presented a document outlining how the ordinance could be salvaged if the court finds portions of it are flawed.
Attorneys for the ordinance's opponents say the court would be overstepping into the legislative branch if it were to rewrite the measure.
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