Texas town scolded by judge
FARMERS BRANCH, Texas — A federal judge on Monday halted 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 in granting a temporary restraining order 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 the city appeared to have borrowed from federal housing regulations to define who may lease in the suburb.
“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.” (emphasis by editor)
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 in his 20-page order.
“This is important guidance for other communities and others effected by this,” said William A. Brewer III, who represents several apartment complexes suing Farmers Branch over the regulation.
A call for comment from Farmers Branch Councilman Tim O’Hare, the lead proponent of the ordinance, wasn’t immediately returned Monday.