When and illegal wants to rent, and can't speak English, doesn't know what city is the capital of that state, has no docmentation, a LANDLORD in only abetting a criminal act of an invader.
Landlords can't police immigration, suit says
Rights groups say a city in Texas can't require apartment managers to check on the legality of prospective tenants.
By Miguel Bustillo
Times Staff Writer
December 27, 2006
HOUSTON — A Dallas suburb that has barred landlords from renting to illegal immigrants was sued Tuesday by two civil rights groups that allege the controversial ordinance turns property owners into immigration agents and violates federal law.
The challenge by the American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund seeks to derail a new law that would require property managers to check the immigration status of apartment renters in Farmers Branch, Texas. The ordinance, approved last month, is set to take effect Jan. 12.
Farmers Branch — a city of 28,000 north of Dallas that is about 37% Latino — is one of dozens of municipalities around the country that, frustrated with federal inaction, have adopted tough measures in response to illegal immigration.
Similar laws in Escondido and Hazleton, Pa., also evoked strong passions. But the Farmers Branch ordinance is seen as a turning point for Texas, a state that largely has avoided the kind of confrontational immigration policies commonplace elsewhere.
"This is the first ordinance of its kind in Texas, the beginning of what we hope will not be a lasting trend here," said Lisa Graybill, legal director of the ACLU of Texas. "Stop and think what it would be like if every little town tried to adopt its own illegal immigration policy. It would be a nightmare."
The ACLU and MALDEF are challenging the law on several constitutional grounds. They argue that it violates the due process clause because it does not make clear which immigration documents are acceptable and which are not, the contract clause because it interferes with a business transaction between landlord and tenant without proper cause, and the equal protection clause because it only applies to some landlords. But the primary argument is that it exceeds the city's powers because only the federal government can enforce immigration laws.
While opponents of unchecked immigration have hailed Farmers Branch leaders, many landlords have complained that they are being thrust into the volatile immigration debate — and some business owners have complained that Latinos may no longer feel welcome in the city.
Some Texas leaders, meanwhile, have expressed concern that the city's stance is divisive and could harm the entire state's reputation. Last month, Farmers Branch Mayor Bob Phelps awoke one morning to find the words "Viva Mexico" spray-painted in red on the side of his house.
Tuesday's immigration lawsuit is the third filed against Farmers Branch, which also passed a resolution last month establishing English as the city's official language. Last week, a group of apartment owners asked a federal judge to declare the rental law unconstitutional. Earlier this month, a local real estate agent alleged that city leaders repeatedly discussed the ordinance behind closed doors, violating Texas' open meetings law.
The city recently created a legal defense fund to collect donations from supporters and sympathizers, and has received more than $6,000.
Phelps and Councilman Tim O'Hare, who spearheaded the immigration law, did not return phone calls Tuesday. Matthew Boyle, the assistant city attorney, said Farmers Branch would not discuss any pending litigation, but noted that city leaders had anticipated challenges to the law.
"The city was overtly threatened with litigation as far back as August, when this was being discussed. So we knew it would be no surprise that some litigation would be filed, and have been preparing for it," Boyle said.
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