May 21, 2007 6:37 pm US/Central
Judge Blocks FB Illegal Immigration Ordinance
FARMERS BRANCH (AP) ―
A federal judge on Monday issued an order halting enforcement of a voter-endorsed ordinance preventing apartment rentals to most illegal immigrants, a day before the ban was to take effect in this Dallas suburb.
U.S. District Judge Sam A. Lindsay wrote that only the federal government can determine whether a person is in the United States legally.
Instead of deferring to federal officials, Farmers Branch has created its own classification to determine which noncitizens may rent an apartment, the judge ruled, also noting that Farmers Branch appeared to have taken federal regulations regarding housing benefits for noncitizens and used them to define who may rent an apartment in the city.
"The court recognizes that illegal immigration is a major problem in this country, and one who asserts otherwise ignores reality," Lindsay wrote. "The court also fully understands the frustration of cities attempting to address a national problem that the federal government should handle; however, such frustration, no matter how great, cannot serve as a basis to pass an ordinance that conflicts with federal law."
The ordinance was to take effect Tuesday, more than a week after voters approved the regulation by 68 percent, according to unofficial election results.
However, "public approval of the Ordinance, by itself, does not guide the court as to whether the Ordinance complies with the law," the judge wrote.
Opponents of the ordinance filed three requests in federal court for an order to stop its enforcement.
The ordinance requires managers to verify that renters are U.S. citizens or legal immigrants before leasing to them, with some exceptions. Violators face fines of up to $500, and each day would be considered a separate violation.
Also Monday, a federal lawsuit was filed in Dallas on behalf of three Latino voters who live in Farmers Branch.
The lawsuit seeks the creation of single-member districts, in which a city council member is elected to represent a specific section of the city. Both large and small cities with diverse racial makeup use the system, said Rolando Rios, the attorney leading the suit.
Activists say if the method had been in place, at least one Latino candidate would have been elected to the council and could represent the group. All five council members are white men.
Since 1970, Farmers Branch has changed from a small, predominantly white community with a declining population to a city of almost 28,000 people, about 37 percent Hispanic, according to the U.S. Census Bureau.
The city had not yet been served with the lawsuit, said Farmers Branch spokesman Tom Bryson.
Here's What's Hot Today On CBS11TV.COM:
FW Woman Accused Of Stealing From 3-Year-Old
SLIDESHOW: In To Be Out: Gay Celebrities SLIDESHOW: 46 Weird Photos
VIDEO: Dallas Skyline Could Soon Be Dark Overnight Mom Blames Devil, Not Dad For Microwaving Kid VIDEO: Dallas Carjacking Victim Speaks To CBS 11 VIDEO: Will North Texas Host The 2011 Super Bowl? SLIDESHOW: Wildflower! Festival 2007 Community Mourns Henderson County Deputies
(© 2007 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
