By BJ Austin, KERA News
http://stream.publicbroadcasting.net/production/mp3/kera/local-kera-892577.mp3
Dallas, TX – The Farmers Branch ordinance that prohibits "renting" to illegal immigrants is unconstitutional. KERA's BJ Austin says that's the ruling of a Dallas federal judge two years after the ordinance was passed.
Judge Jane Boyle says Farmers Branch was trying to enforce immigration law with its rental ordinance, and that's the job of the federal government alone. She banned the city from requiring a certificate of occupancy for a renter. Part of that application was an immigration status check. Anyone with illegal status would be rejected and could not rent property.
The city never enforced the ordinance because of an immediate lawsuit. But, Farmers Branch Mayor Tim O'Hare says this situation would have been no different than local police cooperating with federal DEA agents in the war on illegal drugs.
O'Hare: It is a cooperation between agencies, between levels of government, that help keep crime in check, and that should help keep immigration in check.
Attorney Bill Brewer, who sued the city, says there's a big difference.
Brewer: The fact is, is that you can't deport people from your community. If they're here lawfully - or not - that's for someone else to decide. But, if they're here and they're living peaceable, and they're contributing members of your community, let's embrace each other and work together.
Mayor O'Hare says he's confident the city will appeal considering the sentiment on the city council and in the community. Voters approved a version of the anti immigration ordinance in 2007. Attorney Brewer says the city's illegal immigrant ordinances have been struck down in federal court three times already. The immigration battle has cost Farmers Branch more than three million dollars in legal fees.