Federal Judge Strikes Down Ordinance Banning Illegals From Renting Apartments


NBC News
Thursday, March 25, 2010

A federal judge has ruled that a Farmers Branch ordinance banning illegal immigrants from renting apartments is unconstitutional.

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U.S. District Judge Jane J. Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws, something only the federal government can do.

“Ordinance 2952 is a regulation of immigration and is preempted by the Supremacy Clause of the United States Constitution because the authority to regulate immigration is exclusively a federal power,” she wrote.

The ordinance established a licensing system for renters in Farmers Branch. Renters would be required to pay a $5 fee and obtain a residential occupancy license issued by the city’s building inspector. Under the system, the building inspector would verify a renter’s immigration status with federal officials if the renter did not declare him or herself a citizen or national of the United States. The city would revoke the licenses of people the federal government said were in the country illegally.

Full story here.


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