Illegal immigrant law in Farmers Branch blocked by Judge

Illegal immigrant law in Farmers Branch blocked by Judge
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Category: Life

May 22, 2007, 12:29AM
Illegal immigrant law in Farmers Branch blocked
Farmers Branch voters OK'd the measure to bar immigrants from renting

By THOMAS KOROSEC
Copyright 2007 Houston Chronicle

A federal judge Monday blocked the Dallas suburb of Farmers Branch from enforcing a controversial ordinance that would bar most illegal immigrants from renting apartments.

Who do these fucking judges think they are overturning the votes of the People???????? It's no less than mutiny !!!

U.S. District Judge Sam Lindsay granted a request for a temporary restraining order one day before the voter-approved ordinance was to take effect.

In a 20-page opinion, the judge wrote that the city's apartment measure pre-empts the federal goverment's power to regulate immigration.

"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."

Marisol Perez, a staff attorney with the Mexican American Legal Defense and Educational Fund, which along with the American Civil Liberties Union filed suit against the ordinance, said federal rules give the judge 10 days to extend his order or set a hearing to consider whether to impose a longer-running injunction.

"This opinion gives us an idea about how he feels about the matter. He is in line with what other judges around the country have found when faced with these ordinances," she said. "We'll see what happens next."

Perez said similar restrictions in other cities around the country have been blocked before going into force, either by restraining orders or injunctions or by agreement of parties in lawsuits challenging them.

Three groups of plaintiffs, including Hispanic residents, apartments owners and businesses, have brought federal lawsuits against Farmers Branch's attempt to bar illegal immigrants from renting apartments.

Lindsay wrote that landlords showed in papers submitted to the court in the last week that they would face irreparable harm by facing fines and losing business to neighboring cities. Tenants would be forced to relocate, change jobs or schools, "all harms that may not be remedied by monetary damages," the judge wrote.

Tim O'Hare, the Farmers Branch City Council member who spearheaded the ordinance, declined immediate comment on the judge's order.

Tom Bohmier, a leader of a residents' group supporting the immigration measure, said: "This isn't the decision we were hoping for." He said he was optimistic the city could make its case in later hearings on injunctions or the merits of the case.

Bohmier said he had hoped the judge would be influenced by the results of a May 12 election in which city voters approved the measure by a 2-to-1 margin.

Lindsay wrote that he was mindful that "both proponents and opponents of the ordinance are passionate about their positions and the policy implications," and he recognized that Farmers Branch voters overwhelmingly favored it.

"Public approval of the ordinance, by itself, does not guide the court as to whether the ordinance complies with the law," the judge wrote.

Also Monday, three Hispanic residents filed a federal lawsuit against the city of 28,000 to stop at-large City Council elections and force it to adopt single-member districts.

Activists said that under a district system, at least one Hispanic candidate would have been elected to the council this spring.

Hispanics make up about 40 percent of the city's population but Anglos hold the five council seats and the mayor's post. In the May 12 city election, a Hispanic candidate finished last in a three-man race for an open seat.

Opponents say the city is too small for single-member districts.

thomas.korosec@chron.com