Judge Issues Order Blocks Texas Anti-immigration Ordinance

A judge has issued an order blocking a local anti-immigration ordinance Wednesday in Farmers Branch, Texas, according to a press release from the American Civil Liberties Union (ACLU). The ordinance will be blocked from taking effect until a legal challenge to the ordinance is resolved.

According to a November 2006 edition of USA Today, city council members passed the ordinance on November 13, 2006. According to the ACLU, Farmers Branch residents approved the measure in a vote on May 12th, 2007. The ordinance accomplished several things aimed at lowering the number of illegal immigrants. The ordinance approved fines for area landlords that rent to illegal immigrants; the ordinance also requires landlords to inspect prospective tenants identifying documents to determine if they are legally in the country.

According to USA Today, a civil rights group named the Mexican American Legal Defense and Educational Fund (MALDEF) had members present at the city council meeting. They reportedly warned the councilors that the proposed ordinances could violate the First Amendment and anti-discrimination federal housing laws. The group's warning had no effect on the councilors. According to USA Today, Tim O'Hare one of the city councilors stated: "We passed this expecting to be sued," after the vote was completed.

These provisions of the measure resulted in a lawsuit filed in Federal Court in December of 2006 by the ACLU and MALDEF. Sam A. Lindsey, a U.S. court district judge approved the civil right's groups request for a temporary order blocking the ordinance from taking effect. Wednesday's ruling extended the block for the duration of the legal challenge.

According to the ACLU's press release Legal Director for the ACLU of Texas, Lisa Graybill said: "We believe that the court's order will be made permanent should this case proceed to trial. Today's decision should serve as a cautionary tale for other Texas municipalities that have considered similar ordinances: they will best serve their constituents if they concentrate local dollars on local issues such as schools, law enforcement, and community improvement."

The group's attorneys are representing landlords and residents who will be negatively affected by the ordinance. Area landlords claimed that the ordinance posed an undo hardship on them. According to USA Today, Marisol L. Perez, a staff attorney with the MALDEF group, claimed that the measure would require landlords to analyze many types of immigration documents that they had not been trained to inspect. Perez reportedly said: "It puts the landlord in a very difficult position. You're putting them in the shoes of an immigration officer."

The Rights groups claim in their lawsuit that the: "ordinance violates federal immigration law and illegally puts landlords in the untenable position of serving as federal law enforcement agents," according to the ACLU's press release.

The ordinance drew criticism from residents of Farmers Branch, hundreds of whom showed their opposition to the measure by assembling outside city hall and reciting the pledge of allegiance while the councilors' vote was being taken. According to the ACLU, the Southwest Counsel for MALDEF, Nina Perales had this to say regarding the case: "Around the nation, every judge who has reviewed these local anti-immigrant ordinances has put a stop to them. Immigration reform is a federal responsibility and local anti-immigrant ordinances only hurt city economies and community relations."

Some residents worried that Farmers Branch's rapidly growing Hispanic population was to blame for the ordinances. United Farmers Branch's spokesman, Christopher McGuire reportedly said: "They're afraid that Farmers Branch is becoming Hispanic. It's going to happen, and that's not a bad thing.", according to USA Today.

Before the beginning of the growth of the Hispanic population which started in 1970, Farmers Branch's population was declining. Now the town's population has grown to roughly 27,000 just over 1/3 of them Hispanic. The town now hosts 80 corporate headquarters and 2,600 firms ranging from small to mid-sized. USA Today pointed out that many of these firms are minority owned.

Sources:
American Civil Liberties Union

U.S.A. Today "Texas City Okays Anti-Immigration Measures"