Court To Review Farmers Branch Immigrant Housing Ban

NEW ORLEANS (AP) – A Dallas suburb is asking a federal appeals court to overturn a judge’s ruling that the city tried to impose unconstitutional restrictions on home rentals to illegal immigrants.

A three-judge panel from the 5th U.S. Circuit Court of Appeals is scheduled to hear arguments Tuesday over a housing ordinance that Farmers Branch’s city council enacted in 2008.

Farmers Branch says U.S. District Judge Jane Boyle erred last year in ruling that its ordinance is pre-empted by federal immigration law. The city argues that denying illegal immigrants access to rental housing isn’t fundamentally different than denying them employment or public benefits.

Landlords and tenants who challenged the city’s ordinance said the licensing scheme adopted by the council impermissibly intruded on the federal immigration system.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)


One Comment

  1. darrell says:

    this issue shouldnt even be in court to start with. illegals have NO rights, civil or other in this country, they are illegal. they have the right to be deported. thats it. its the only right afforded them under the law.

    1. Cole Younger says:

      Every body that lives in the USS falls under the Constitional bill of rights you dam fool.go back to school

      1. silver says:

        I hate to tell you but the Bill of Rights does not guarantee housing to anyone. If it did then we’d have no homeless or we would have a lot of court cases with homeless people suing for rentals. So, the bill of rights has nothing to do with denying what are by definition criminals (notice the term ‘illegal’) the abilitiy to rent.

        In addition, the bill of rights, when written, did not apply to the American Indians or the slaves living within the national borders. So, if it did not apply to those that were not considered citizens at that time (American Indians and slaves), how do you, then, say that it applies today to those that are not citizens?

        As it stands at this time, illegal immigrants have more rights here than any other illegal immigrant does in any other country in the world. In most countries, they can and are executed as spies not forming groups to fight to protect their ‘rights’.

      2. darrell says:

        We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

        cole, you stupid, uneducated moron. read the first 6 words above. they apply to us, americans. along with the rest of that statement i dont see any mention of where it says. WE THE PEOPLE THESE UNITIED STATES AND FRANCE AND MEXICO AND CHINA AND INDONESIA AND ON AND ON have any constitutional rights at all.

  2. steve galloup says:

    One question????? How can it be unconstutional when the ones is question “ILLEGAL ailiens” do not fall under the constitutional rights of citizens???

  3. steve says:

    i agre totally with darrell, send them home when they even apply, at that point they are letting us know they are illegal. Save some money for the authorities haveing to go an look for them!!!!!!!

  4. steve says:

    I supposer i should get off my high horse, i do have one more question i believe is approporiate. I as a American “citiaen” am morally, mentally and legally obligated to report all crimes i witness or i can be charged as an accesory to that crime. So i guess my question is this how can any housing system, landlord etc. ( no matter what they pay to the city, state, etc in taxes) be exempt from this law????????

  5. aFreetexan says:

    Actually, that is not correct. Try researching the 14th Amendment and the equal protection clause. We currently provide illegals education and health care UNDER THE LAW.

    1. spraym,an0 says:

      Hey dude,apparently you need to read the 14th ammendment.

  6. Brad S. says:

    i dont believe its a racial issue, or maybe im nieve?, but anyways in my point of view i believe that we should somehow resolve the issue at a NATIONAL level, guys we all say “oh, well i dont mind legal immigration” or “do it the right way” etc… the thing is we; and im pretty sure all of you are all legal U.S born citizens, havent had to go through what they have gone through, we were blessed to be born here, and these people would do anything to have our basic rights, you see the “correct way” of filing for a residency or visa to the U.S.A is extremely slow , hard, and expensive, some people pay tens of thousands in lawyer fees and immigration costs, just to be told 10 years later they were denied!!!!!! imagine the DMV but 100x worse.. there has to be some sort of system put in place were people can do things properly , and we have to understand that AMERICA is a country of immigrants, we are all of different countries , skin colors, religions, customs, etc… and immigration will never stop.. never, thats how its always going to be. I hope that something is done to benefit both the country and those who wish to become americans.

  7. Fred says:

    Just ban BBQ’s and bud ice beer within the city limits… that in it self should elminate the real illegals.

  8. 2blue4u says:

    Secure the borders and deal with the problem of illegal aliens here in the USA later. Borders that are not secure invite people who wish us harm. It seems pretty clear to me that citizenship is a priviledge to be earned in the right and honest way. i have empathy for the folks wishing to have a better life here, but not at the expence of Americans in terms of jobs and public assistance.

  9. Kay says:

    aFreeTexan, the first clause of the 14th amendment states that this applies to all native born or naturalized CITIZENS! Are you having trouble understanding that illegals are NOT citizens, therefore, this does not apply to them!

  10. Steve says:

    It’s doing us a lot of good for immigration laws to be “pre-empted by federal immigration law”. With no enforcement by states, the US might as well be a free-for-all country. US citizenship is already being given away via anchor babies – why not just let everyone in the world in.

    Judges need to get on the side of American citizens or get out of office. Same goes w/ every other govt official.

  11. Rick McDaniel says:

    Time to allow local government to exercise some control over the illegal immigrant problem in this country.

    Especially since the Federal government is failing in that responsibility, in every way.

    1. Steve F says:

      You’ve got that right ! Too logical for the feds to comprehend tho.

  12. Steve F says:

    Allowing illegals to stay here puts citizens at risk for ID theft, crime, job loss & everything else. If they have no place to stay or work, they’ll go away. Remove all incentives to come here. Punish, don’t reward them. Follow our laws, starting w/ the one at our border which states that it’s a felony to enter illegally.

  13. SFin says:

    “impermissibly intruded on the federal immigration system”? The city is trying to support the feds’ immigration policy ! The logic of judges like this is just insane. About as ludicrous as thinking that anyone can sneak across our border (against our federal immigration laws), pop our a kid & they have instant access to our country. Total insanity.

  14. davidwr says:

    The fact that Farmers Branch prohibits renting while allowing buying and allowing people to live rent-free with the owner’s consent impacts both the rights of the landlords and the rights of tenants.

    A more consistent ordinance would’ve applied to all residents.

  15. Timby says:

    Seems to me that since our federal government can’t or won’t enforce the laws on the books then it’s up to the state to mandate legislation to take care of this issue. So I’m confused. If the government isn’t doing it’s job then who is responsible for meeting it’s obligations?

  16. Intrepid says:

    It is against the law to be in the USA with out the proper visas etc. How can this be a court issue. Start calling law enforcement when you see or suspect illegals trying to access our sovereign rights that exist in this state or country. It is not mean spirited. I cannot settle in mexico without the proper visas as an American citizen. So what is the problem here?

  17. Debby says:

    It is very easy problem, if we went to another country and had no legal right to be there we would be deported or jailed for it. I you enter this country by illigal means then you should be sent back to your own country, They are not immigrants, Immigrants are people that enter a country legally and have the papers to prove it. They have no right to jobs, schools, housing or wellfare benifits. If they want a better life they need to do it the right way.

  18. Michelle says:

    Maybe if our Federal Government and elected officials had some guts and would enforce our immigration laws instead of handing our country over to these invaders, then cities wouldn’t have to pass laws like this.
    Legal citizens are sick of watching these illegals overrun their towns and turn their neighborhoods into overcrowded barrios. These people aren’t coming here to assimilate, they are coming here to take over and anyone who cares about the American way of life should wake up and see it for what it is!

  19. Enforce the Law says:

    Illegal alliens should be removed from the Country at all levels.

    Federal, State and Local.

    The ones that get by the border Patrol and make it to Farmers Branch are Criminals.

    They should be arrested and not allowed housing. Period

  20. SFin says:

    They’re not suppose to be here – why do they get to find a place to live & work & have things that legal immigrants & citizens get to have? I’m truly perplexed by this pro-federal-law-breaker attitude. We’re the only country who doesn’t seem to grasp why our foreathers began regulating who comes into our country.

  21. Steve F says:

    Build the freakin’ wall or allow cities, counties & states to get illegals out. The feds cannot have it both ways. We’re tired of their failure to act on this. US citizens’ lives & safety are at risk w/ every criminal that skirts our border. Our tax base is at risk via every single anchor baby they pop out as well. Stop the bleeding of American the taxpayer.

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