DALLAS — A federal judge agreed Monday to fast-track the legal challenges to a Farmers Branch ordinance that bans illegal immigrants from renting homes.
U.S. District Judge Jane Boyle agreed to push the case through the courts. The last time opponents challenged the housing rule it took nearly two years to reach a conclusion. That case ended last month when a federal judge ruled that the ordinance was unconstitutional.
But by then the suburb had drawn up a similar ordinance, which led to two other lawsuits by opponents seeking to stop it. Those lawsuits were consolidated into one case.
Boyle approved an Oct. 29 deadline for motions in the case. She didn’t set a trial date, but both sides have agreed to Dec. 8 or sooner. This month, the judge issued a temporary restraining order stopping the latest law from being enforced. She agreed Monday to continue halting the ordinance from taking effect while legal challenges continue.
The latest ordinance would require house and apartment tenants to seek a rental license. City officials want to check the names of license applicants who aren’t U.S. citizens against a federal database. The city would penalize landlords who rent to tenants lacking licenses.
Showing posts with label Farmers Branch. Show all posts
Showing posts with label Farmers Branch. Show all posts
September 23, 2008
September 19, 2008
Farmers Branch and rule opponents offer agreement
By ANABELLE GARAY / Associated Press
Opponents of a Dallas suburb's latest attempt to oust illegal immigrants and the city of Farmers Branch have agreed to extend an order halting enforcement of a controversial rental housing rule.
Attorneys for Farmers Branch and lawyers representing a group of apartment operators and a former council member suing the city sent a letter Friday to the federal judge in the case. In it, they propose to fast-track the case and agree to extend by 30 days a temporary restraining order halting the city from requiring home and apartment tenants to seek a rental license.
City officials had wanted to check the names of rental license applicants who aren't U.S. citizens against a federal database. Farmers Branch planned to revoke the rental license of those who couldn't prove they lived legally in the country and penalize landlords who rented to tenants who didn't have a current license.
But U.S. District Judge Jane J. Boyle stopped the rule from being enforced last week by granting a temporary restraining order. The judge also scheduled a hearing to consider requests for the preliminary injunction for Monday.
"It does signal a recognition on their part that it was unlikely ... that there would be a different result come Monday," Bill Brewer, who represents opponents of the ordinance, said of the agreement.
Both parties ask for a trial to begin Dec. 8 or soon after if one is necessary, according to the letter sent by Bickel & Brewer Storefront, the law firm that represents the opponents. The letter was signed by an attorney representing Farmers Branch.
Call to attorneys for the city were not immediately returned Friday evening.
If the judge agrees to the proposed schedule, Farmers Branch would consent to turn the restraining order into a preliminary injunction — which would continue stopping city officials from trying to implement the rule.
Farmers Branch has battled advocacy groups for nearly two years over measures attempting to keep illegal immigrants from living in the city of about 28,000.
"It's turned out to be years. We want these issues resolved," Brewer said. "We think these types of ordinances are unconstitutional."
The original ordinance approved in Farmers Branch was met by lawsuits and protests before it was repealed and replaced by a redrafted one. The second attempt was challenged in court as well, with a federal judge eventually ruling it unconstitutional. That ruling triggered a 15-day countdown to enforcement of the latest ordinance, which is now hung up in court as well.
Latino advocates and a civil liberties group also are suing Farmers Branch over the rule. The Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union Immigrants' Rights Project sent a separate letter proposing a different schedule that would bring the case to trial in March if necessary.
Even before the temporary injunction was issued, Farmers Branch did not have permission from the federal government to access the database it proposed using. The city applied earlier this month to use the Systematic Alien Verification for Entitlements, but U.S. Citizenship and Immigration Services had not yet responded. An attorney for the city has said the temporary restraining order issued last week will keep USCIS from considering Farmers Branch's application.
Opponents of a Dallas suburb's latest attempt to oust illegal immigrants and the city of Farmers Branch have agreed to extend an order halting enforcement of a controversial rental housing rule.
Attorneys for Farmers Branch and lawyers representing a group of apartment operators and a former council member suing the city sent a letter Friday to the federal judge in the case. In it, they propose to fast-track the case and agree to extend by 30 days a temporary restraining order halting the city from requiring home and apartment tenants to seek a rental license.
City officials had wanted to check the names of rental license applicants who aren't U.S. citizens against a federal database. Farmers Branch planned to revoke the rental license of those who couldn't prove they lived legally in the country and penalize landlords who rented to tenants who didn't have a current license.
But U.S. District Judge Jane J. Boyle stopped the rule from being enforced last week by granting a temporary restraining order. The judge also scheduled a hearing to consider requests for the preliminary injunction for Monday.
"It does signal a recognition on their part that it was unlikely ... that there would be a different result come Monday," Bill Brewer, who represents opponents of the ordinance, said of the agreement.
Both parties ask for a trial to begin Dec. 8 or soon after if one is necessary, according to the letter sent by Bickel & Brewer Storefront, the law firm that represents the opponents. The letter was signed by an attorney representing Farmers Branch.
Call to attorneys for the city were not immediately returned Friday evening.
If the judge agrees to the proposed schedule, Farmers Branch would consent to turn the restraining order into a preliminary injunction — which would continue stopping city officials from trying to implement the rule.
Farmers Branch has battled advocacy groups for nearly two years over measures attempting to keep illegal immigrants from living in the city of about 28,000.
"It's turned out to be years. We want these issues resolved," Brewer said. "We think these types of ordinances are unconstitutional."
The original ordinance approved in Farmers Branch was met by lawsuits and protests before it was repealed and replaced by a redrafted one. The second attempt was challenged in court as well, with a federal judge eventually ruling it unconstitutional. That ruling triggered a 15-day countdown to enforcement of the latest ordinance, which is now hung up in court as well.
Latino advocates and a civil liberties group also are suing Farmers Branch over the rule. The Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union Immigrants' Rights Project sent a separate letter proposing a different schedule that would bring the case to trial in March if necessary.
Even before the temporary injunction was issued, Farmers Branch did not have permission from the federal government to access the database it proposed using. The city applied earlier this month to use the Systematic Alien Verification for Entitlements, but U.S. Citizenship and Immigration Services had not yet responded. An attorney for the city has said the temporary restraining order issued last week will keep USCIS from considering Farmers Branch's application.
September 15, 2008
2 more groups sue Farmers Branch over rental ban
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Most-read stories
Two more groups have filed suit against the city of Farmers Branch, on the heels of Friday’s ruling by a federal judge that the city will have to hold off on implementing its ban on renting apartments to illegal immigrants.
The Mexican American Legal Defense and Education Fund and the American Civil Liberties Union teamed up in a federal lawsuit filed against the city on Friday.
The same day, U.S. District Judge Jane Boyle issued a temporary restraining order that prevents Farmers Branch from implementing the ban. That stemmed from a lawsuit against the city filed by apartment owners and tenants in Farmers Branch.
These groups also had lawsuits against the city for an earlier version of the rental ban. That case ended with a defeat for Farmers Branch last month when a federal judge ruled the ban was unconstitutional.
Most-read stories
Two more groups have filed suit against the city of Farmers Branch, on the heels of Friday’s ruling by a federal judge that the city will have to hold off on implementing its ban on renting apartments to illegal immigrants.
The Mexican American Legal Defense and Education Fund and the American Civil Liberties Union teamed up in a federal lawsuit filed against the city on Friday.
The same day, U.S. District Judge Jane Boyle issued a temporary restraining order that prevents Farmers Branch from implementing the ban. That stemmed from a lawsuit against the city filed by apartment owners and tenants in Farmers Branch.
These groups also had lawsuits against the city for an earlier version of the rental ban. That case ended with a defeat for Farmers Branch last month when a federal judge ruled the ban was unconstitutional.
September 11, 2008
Restraining order sought against new Farmers Branch rental ban
By STEPHANIE SANDOVAL / The Dallas Morning News
ssandoval@dallasnews.com
Anyone who wants to rent a house or apartment in Farmers Branch will have to obtain a city license starting Monday unless opponents persuade one of two courts today to issue a temporary restraining order.
Attorneys for both sides will go before U.S. District Judge Jane Boyle at 2 p.m. for one hearing. The proceeding is part of a lawsuit that seeks to overturn the ordinance, the city's latest strategy for barring housing rentals to illegal immigrants.
The plaintiffs say the law discriminates against Hispanics and is unconstitutional. The city counters that it is aimed at lawbreakers, not any ethnic group.
It's not known what Judge Boyle will do. A different federal judge, Sam Lindsay, in May struck down a previous ordinance banning apartment rentals to most illegal immigrants and harshly criticized the new measure as "yet another attempt to circumvent ... prior rulings and further an agenda that runs afoul of the United States Constitution."
Cases are randomly assigned to judges in the federal court, and Judge Boyle drew the latest lawsuit.
Hedging their bets, the plaintiffs' attorneys, led by Bill Brewer, also petitioned in state District Court on Thursday for a restraining order.
That request is the latest motion in a previously filed lawsuit by a Farmers Branch resident alleging that the city violated the Texas Open Meetings Act in its discussion of the new measure, Ordinance 2952.
Filed with the request was a copy of an e-mail from Tim O'Hare – then a City Council member, now mayor – that included a draft ordinance similar to Ordinance 2952 but with substantially different wording.
City Manager Gary Greer has said the council didn't see the Farmers Branch ordinance until a few days before approving it in January. The plaintiffs say the O'Hare e-mail, sent to someone called "SWS" six months before the vote, shows the council improperly deliberated and discussed the ordinance in secret.
Mr. O'Hare denied the charge.
"There are model ordinances addressing this issue floating around all over the country," he said Thursday.
"We didn't do anything illegal. We've never done anything illegal, and any assertion that we have is just garbage."
If no restraining order is issued, renters starting Monday will have to get an occupancy license by paying $5 and declaring their U.S. citizenship or legal residency. The city plans to check the immigration status of non-citizens in a federal database called Systematic Alien Verification for Entitlements, or SAVE.
But the checks may have to wait. Chief building inspector Jim Olk said Thursday that the city hasn't reached an agreement with U.S. Customs and Immigration Services to access the database.
The city started the process in January, when Ordinance 2952 was adopted, but was turned down then because the ordinance was not in effect.
Judge Lindsay's rejection of the earlier ordinance, 2903, two weeks ago triggered a 15-day countdown to implement the new one. With implementation at hand, the city submitted paperwork again Monday for access to the database.
Maria Elena Garcia-Upson, regional media manager for the Department of Homeland Security, U.S. Citizenship and Immigration Services, said the agency hadn't yet received it. She could not say how long it might take to reach an agreement.
SAVE is designed for agencies that grant benefits or issue licenses to determine a non-citizen's immigration status.
"An agency qualifies for SAVE," Ms. Garcia-Upson said, "if the agency is a federal, state or local government agency or licensing bureau and provides a public benefit, license or credential or is otherwise authorized by law to engage in an activity for which verification of citizenship or immigration status is appropriate."
The city will require renters to obtain licenses even before it gains access to the database, Mr. Olk said. That can be done at City Hall, or by visiting www.farmersbranch.info.
"They can fill out the form and print their license right where they sit" and be billed for the $5, Mr. Olk said.
He said some apartment complexes plan to handle the application for prospective tenants.
"They're going to make that part of the overall process of doing their background and credit checks and fill that information out for them, and we'll bill the apartments for it," Mr. Olk said.
The city has 3,022 apartment units in 17 complexes and an estimated 1,620 single-family rental houses, Mr. Olk said.
ssandoval@dallasnews.com
Anyone who wants to rent a house or apartment in Farmers Branch will have to obtain a city license starting Monday unless opponents persuade one of two courts today to issue a temporary restraining order.
Attorneys for both sides will go before U.S. District Judge Jane Boyle at 2 p.m. for one hearing. The proceeding is part of a lawsuit that seeks to overturn the ordinance, the city's latest strategy for barring housing rentals to illegal immigrants.
The plaintiffs say the law discriminates against Hispanics and is unconstitutional. The city counters that it is aimed at lawbreakers, not any ethnic group.
It's not known what Judge Boyle will do. A different federal judge, Sam Lindsay, in May struck down a previous ordinance banning apartment rentals to most illegal immigrants and harshly criticized the new measure as "yet another attempt to circumvent ... prior rulings and further an agenda that runs afoul of the United States Constitution."
Cases are randomly assigned to judges in the federal court, and Judge Boyle drew the latest lawsuit.
Hedging their bets, the plaintiffs' attorneys, led by Bill Brewer, also petitioned in state District Court on Thursday for a restraining order.
That request is the latest motion in a previously filed lawsuit by a Farmers Branch resident alleging that the city violated the Texas Open Meetings Act in its discussion of the new measure, Ordinance 2952.
Filed with the request was a copy of an e-mail from Tim O'Hare – then a City Council member, now mayor – that included a draft ordinance similar to Ordinance 2952 but with substantially different wording.
City Manager Gary Greer has said the council didn't see the Farmers Branch ordinance until a few days before approving it in January. The plaintiffs say the O'Hare e-mail, sent to someone called "SWS" six months before the vote, shows the council improperly deliberated and discussed the ordinance in secret.
Mr. O'Hare denied the charge.
"There are model ordinances addressing this issue floating around all over the country," he said Thursday.
"We didn't do anything illegal. We've never done anything illegal, and any assertion that we have is just garbage."
If no restraining order is issued, renters starting Monday will have to get an occupancy license by paying $5 and declaring their U.S. citizenship or legal residency. The city plans to check the immigration status of non-citizens in a federal database called Systematic Alien Verification for Entitlements, or SAVE.
But the checks may have to wait. Chief building inspector Jim Olk said Thursday that the city hasn't reached an agreement with U.S. Customs and Immigration Services to access the database.
The city started the process in January, when Ordinance 2952 was adopted, but was turned down then because the ordinance was not in effect.
Judge Lindsay's rejection of the earlier ordinance, 2903, two weeks ago triggered a 15-day countdown to implement the new one. With implementation at hand, the city submitted paperwork again Monday for access to the database.
Maria Elena Garcia-Upson, regional media manager for the Department of Homeland Security, U.S. Citizenship and Immigration Services, said the agency hadn't yet received it. She could not say how long it might take to reach an agreement.
SAVE is designed for agencies that grant benefits or issue licenses to determine a non-citizen's immigration status.
"An agency qualifies for SAVE," Ms. Garcia-Upson said, "if the agency is a federal, state or local government agency or licensing bureau and provides a public benefit, license or credential or is otherwise authorized by law to engage in an activity for which verification of citizenship or immigration status is appropriate."
The city will require renters to obtain licenses even before it gains access to the database, Mr. Olk said. That can be done at City Hall, or by visiting www.farmersbranch.info.
"They can fill out the form and print their license right where they sit" and be billed for the $5, Mr. Olk said.
He said some apartment complexes plan to handle the application for prospective tenants.
"They're going to make that part of the overall process of doing their background and credit checks and fill that information out for them, and we'll bill the apartments for it," Mr. Olk said.
The city has 3,022 apartment units in 17 complexes and an estimated 1,620 single-family rental houses, Mr. Olk said.
September 4, 2008
Opponents file lawsuit against latest Farmers Branch rental ban
By FRANK TREJO / The Dallas Morning News ftrejo@dallasnews.com
As promised, opponents filed a lawsuit Wednesday against Farmers Branch’s latest attempt to ban housing rentals to illegal immigrants.
The action in federal court in Dallas came just five days after U.S. District Judge Sam Lindsay issued a final ruling striking down an earlier version of the city’s rental ban, Ordinance 2903.
The city had already adopted a replacement measure, Ordinance 2952, to be implemented 15 days after Judge Lindsay’s final ruling on the earlier law. Unless a court blocks the newer measure, it will take effect Sept. 13.
But Attorney William A. Brewer III, who represents several apartment building owners and one renter, is asking Judge Lindsay to immediately block implementation.
“The details of 2952 are frankly more extreme than 2903,” Mr. Brewer said. He said the measure not only allows the city to enter an area of regulation reserved for the federal government but also violates the equal protection and due process provisions of the Constitution.
An attorney for Farmers Branch said city officials had expected the suit, which he called “more of the same.”
“It doesn’t recognize the major differences between the new ordinance and the old ordinance,” Michael Jung said. “The new ordinance defines who can rent an apartment in Farmers Branch by federal law. … It places the judgment call as to who is here legally in the hands of federal government instead of requiring landlords to make that judgment call.”
Unlike the earlier measure, the new one would not require landlords to check prospective tenants’ documents to ensure that they were U.S. citizens or legal residents.
Instead, landlords would be allowed to rent an apartment or house to anyone who obtained an occupancy license by paying $5 and swearing he or she was in the country legally. It would be up to the city to check a federal database to determine if the person was indeed a legal resident.
But the lawsuit filed Wednesday says that the database the city plans to use was not designed to determine who is eligible for rental housing and that municipalities are not authorized to use it.
The suit says that the federal Systematic Alien Verification for Entitlements Program, or SAVE, is designed to verify immigration status for various federal and state cooperative programs such as housing assistance, Medicaid and unemployment compensation.
The suit further states that SAVE expressly does not determine criteria under which a person is or is not entitled to a benefit or license and “is not, according to the Department of Homeland Security, a complete collection of immigration information on all aliens.”
The city’s first attempt to restrict housing rentals by illegal immigrants was passed in November 2006, but an ensuing lawsuit resulted in a temporary restraining order against it.
The city subsequently repealed the ordinance, and voters in May 2007 overwhelmingly approved the replacement Ordinance 2903.
The City Council adopted Ordinance 2952 in January, several months after Judge Lindsay criticized 2903.
But the judge has also faulted Ordinance 2952.
“The new ordinance is yet another attempt to circumvent the court’s prior rulings and further an agenda that runs afoul of the United States Constitution,” he said in May.
August 30, 2008
New illegal immigrant rental ban in Farmers Branch set to kick in
Aug. 30, 2008
By PATRICK McGEEpmcgee@star-telegram.com
DALLAS — A federal judge has finalized his ruling that a Farmers Branch ordinance forbidding illegal immigrants from renting apartments in the city is unconstitutional.
U.S. District Judge Sam Lindsay ruled that only the federal government has the authority to regulate immigration. But Farmers Branch’s fight against illegal immigration and court battles launched by the city’s opponents have not ended.
Michael Jung, an attorney for Farmers Branch, said the city will implement a new version of the rental ban Sept. 13. Jung will update the council on the case in a closed session Tuesday.
Believing the rental ban would be struck down in court, the City Council voted in January for a new version of the ban to be implemented 15 days after Lindsay’s final ruling.
The council has touted the new rental ban as a constitutional ordinance that will stand up in court. Its authors say it would have the federal government determine people’s citizenship or legal immigration status before they are allowed to rent an apartment in the city.
Bill Brewer, a Dallas attorney representing apartment owners opposed to the rental ban, said he will sue again if the city tries to implement the new ordinance.
Marisol Perez, an attorney for the Mexican American Legal Defense and Education Fund, which fought the rental ban in court, declined to say Friday whether her organization will sue.
"We certainly are looking at the new ordinance, and we take the position that the new ordinance is another attempt by the city to regulate in an area of immigration, an area that is clearly only given to the federal government," she said.
Patrick McGee, 817-548-5476
By PATRICK McGEEpmcgee@star-telegram.com
DALLAS — A federal judge has finalized his ruling that a Farmers Branch ordinance forbidding illegal immigrants from renting apartments in the city is unconstitutional.
U.S. District Judge Sam Lindsay ruled that only the federal government has the authority to regulate immigration. But Farmers Branch’s fight against illegal immigration and court battles launched by the city’s opponents have not ended.
Michael Jung, an attorney for Farmers Branch, said the city will implement a new version of the rental ban Sept. 13. Jung will update the council on the case in a closed session Tuesday.
Believing the rental ban would be struck down in court, the City Council voted in January for a new version of the ban to be implemented 15 days after Lindsay’s final ruling.
The council has touted the new rental ban as a constitutional ordinance that will stand up in court. Its authors say it would have the federal government determine people’s citizenship or legal immigration status before they are allowed to rent an apartment in the city.
Bill Brewer, a Dallas attorney representing apartment owners opposed to the rental ban, said he will sue again if the city tries to implement the new ordinance.
Marisol Perez, an attorney for the Mexican American Legal Defense and Education Fund, which fought the rental ban in court, declined to say Friday whether her organization will sue.
"We certainly are looking at the new ordinance, and we take the position that the new ordinance is another attempt by the city to regulate in an area of immigration, an area that is clearly only given to the federal government," she said.
Patrick McGee, 817-548-5476
July 19, 2008
Carrollton City Council to appoint panel on illegal immigration
Carrollton City Council to appoint panel on illegal immigration
12:59 AM CDT on Saturday, July 19, 2008
By BRANDON FORMBY / The Dallas Morning News
bformby@dallasnews.com
The Carrollton City Council is expected to appoint a residents' task force to develop possible approaches to illegal immigration.
The idea for such a group came late Friday during a council retreat after council members failed to reach a consensus on proposed illegal immigration resolutions.
Mayor Ron Branson and council member Terry Simons had proposed a resolution affirming English as the city's official language, arguing that it would deter illegal immigrants.
But council members Tim Hayden and Herb Weidinger disagreed.
Mr. Hayden said such a resolution would do little more than generate headlines.
"I'm trying to follow the logic, but I'm getting lost," he said.
Mr. Branson said that if a resolution kept one illegal immigrant out of Carrollton, "it would be worth it."
He has said that one of his top priorities as mayor will be to work to rid the city of illegal immigrants, some of whom he said moved to Carrollton after neighboring Farmers Branch made them unwelcome with its efforts to prevent them from renting property.
Carrollton already participates in the Criminal Alien Program, which has jailers contacting Immigration and Customs Enforcement officers when they think a detainee is in the U.S. illegally. And in April, the city was accepted into a federal program that trains local police to act as immigration officers.
Mr. Branson resigned from the City Council in 2006 for health reasons but unseated the incumbent mayor in May.
Farmers Branch made English the city's official language in 2006. The Oak Point City Council adopted a resolution supporting the use of English as the official language of documents in this small Denton County town last summer.
Council member John Mahalik said he did not want Carrollton to be lumped together with cities such as Farmers Branch that have drawn widespread attention for their approaches to illegal immigration. But he also said he would support a resolution making English Carrollton's official language.
Council member Pat Malone raised the question of whether a resolution would have any significant impact. She also wondered whether it would send a message to residents that the council cares about the problem of illegal immigration.
The council also failed to reach a consensus on a proposed resolution supporting Farmers Branch's approach to illegal immigration, which has included ordinances that have been blocked by or tied up in court.
Council member Matthew Marchant did not voice support or opposition on the resolutions. Council member Larry Williams was not at the retreat Friday.
The council is likely to vote on the structure and membership of the task force in September.
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/071908dnmetcarrenglish.46c3c60.html
12:59 AM CDT on Saturday, July 19, 2008
By BRANDON FORMBY / The Dallas Morning News
bformby@dallasnews.com
The Carrollton City Council is expected to appoint a residents' task force to develop possible approaches to illegal immigration.
The idea for such a group came late Friday during a council retreat after council members failed to reach a consensus on proposed illegal immigration resolutions.
Mayor Ron Branson and council member Terry Simons had proposed a resolution affirming English as the city's official language, arguing that it would deter illegal immigrants.
But council members Tim Hayden and Herb Weidinger disagreed.
Mr. Hayden said such a resolution would do little more than generate headlines.
"I'm trying to follow the logic, but I'm getting lost," he said.
Mr. Branson said that if a resolution kept one illegal immigrant out of Carrollton, "it would be worth it."
He has said that one of his top priorities as mayor will be to work to rid the city of illegal immigrants, some of whom he said moved to Carrollton after neighboring Farmers Branch made them unwelcome with its efforts to prevent them from renting property.
Carrollton already participates in the Criminal Alien Program, which has jailers contacting Immigration and Customs Enforcement officers when they think a detainee is in the U.S. illegally. And in April, the city was accepted into a federal program that trains local police to act as immigration officers.
Mr. Branson resigned from the City Council in 2006 for health reasons but unseated the incumbent mayor in May.
Farmers Branch made English the city's official language in 2006. The Oak Point City Council adopted a resolution supporting the use of English as the official language of documents in this small Denton County town last summer.
Council member John Mahalik said he did not want Carrollton to be lumped together with cities such as Farmers Branch that have drawn widespread attention for their approaches to illegal immigration. But he also said he would support a resolution making English Carrollton's official language.
Council member Pat Malone raised the question of whether a resolution would have any significant impact. She also wondered whether it would send a message to residents that the council cares about the problem of illegal immigration.
The council also failed to reach a consensus on a proposed resolution supporting Farmers Branch's approach to illegal immigration, which has included ordinances that have been blocked by or tied up in court.
Council member Matthew Marchant did not voice support or opposition on the resolutions. Council member Larry Williams was not at the retreat Friday.
The council is likely to vote on the structure and membership of the task force in September.
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/071908dnmetcarrenglish.46c3c60.html
July 5, 2008
More Mexicans leaving U.S. under duress
12:07 AM CDT on Saturday, July 5, 2008
By OCTAVIO RIVERA LÓPEZ / Al Día
Two hours were enough for José Luis Sánchez and his family to pack their most valuable belongings in two vans – items accumulated in 10 years of living in the Dallas area.
With his wife, children and their suitcases in place, Mr. Sánchez closed the door of his Mesquite apartment for the last time, sat at the wheel of one of the vehicles – his brother drove the other – and hit the road back to his homeland.
So ended his decade-long adventure as an illegal Mexican immigrant in the United States.
According to Mexican consulate officials in Dallas, some 400 immigrant families have told them so far this year that they're going back to Mexico and asked for transfer documents to enroll their children in Mexican schools.
Enrique Hubbard Urrea, Mexican consul general in Dallas, said it is impossible to track every Mexican who leaves the area. But he said the number asking for transfer documents at the consulate is on the rise.
In 2005, the consulate issued 162 such documents; in 2006 it was 199; and last year it was 270. At the current rate, more than twice as many people will leave this year as last, he said.
"There is no doubt the trend indicates that the number is growing," Mr. Hubbard said.
And it isn't happening only in Dallas. At the Mexican consulates in Chicago and Phoenix, too, the number of Mexican families applying for transfer documents for their children has increased.
So far in 2008, more people (752) have visited the Mexican consulate in Phoenix to apply for transfer documents than the total for 2006 (248) and 2007 (330) combined, according to officials there.
According to informal surveys by the Mexican consulate in Dallas, most of those wanting to return to Mexico cite the sudden scarcity of jobs, fear of deportation and uncertainty about obtaining legal resident status any time soon.
In the last few years, and particularly the last few months, Mr. Sánchez struggled to find work. His earnings dwindled as his children grew up and their needs multiplied.
"People like me, if you don't work one day, you worry about how to feed your family the next day," he said. "We as immigrant workers never have stability, even if the economy is doing well. Imagine how things are now."
Also, he said, there is growing anti-immigrant sentiment that he would rather not experience anymore.
"Those of us who live here live depressed all the time, in hiding," he said. "They don't like us here, and those who love us and whom we love are far away. I prefer to go back, even if it means living in poorer conditions."
Mr. Hubbard said tougher enforcement of immigration laws in the last few years hasn't gone unnoticed.
"Some say companies fear hiring people without proper documents," he said.
He said others are seeing authorities detain more people in Irving, Farmers Branch and, to a lesser degree, Carrollton.
Carl Rusnok, spokesman for the Immigration and Customs Enforcement office in Dallas, said deportation of Mexican immigrants nationally has grown from 108,900 in 2005 to 136,370 last year.
Mark López, associate director of the Pew Hispanic Center, said he has no reliable data about the number of immigrants returning to Mexico but is not surprised many are going.
"Lower-income people – obviously including immigrants – have been disproportionately affected by the economic downturn," he said.
Two weeks ago, the Pew center said the unemployment rate among Hispanic immigrants reached 7.5 percent in the first quarter of 2008, compared with 5.5 percent during the same quarter of last year.
Mr. Hubbard and Mr. López say the departures could cause problems for cities, especially those that have pushed ordinances hostile to immigrants, because in scaring immigrants away, they are driving away part of their workforce along with its purchasing power.
"If they don't like them as neighbors, they won't like them as consumers, either," said Mr. Hubbard.
But others think that immigrants returning to their countries won't hurt the U.S. economy.
"The country's economy adjusted to the immigrants' presence. No doubt it will adjust to their absence," said Ira Mehlman, national spokesman for FAIR, an organization opposed to illegal immigration.
"That these people are leaving proves what we have been saying for years," he said. "If you begin enforcing the law to prevent them getting what they come here to get, they will go."
Mr. Mehlman said FAIR would like to see more immigrants leave, not because of hard economic times but because of law enforcement.
He said the return of Mexican immigrants to their home country would force the government there to make reforms to jump-start its economy.
"Exporting its unemployed, underemployed citizens or those who are unhappy there allowed the Mexican government to get rid of the pressure to introduce changes for the benefit of their people," Mr. Mehlman said. "Now that their people are going back, perhaps they won't be able to shun their responsibility any longer."
As the moment to leave came, José Luis Sánchez and his family didn't have an idea of the Mexico awaiting them. From their family, they expect everything. From their home country, not much.
"We're going to continue living by the day, for sure," he said. "But psychologically we're going to be better. With our family, without fears, without pressures. It's worth the difficulties."
And, he added, "The American Dream is just that – a dream."
By OCTAVIO RIVERA LÓPEZ / Al Día
Two hours were enough for José Luis Sánchez and his family to pack their most valuable belongings in two vans – items accumulated in 10 years of living in the Dallas area.
With his wife, children and their suitcases in place, Mr. Sánchez closed the door of his Mesquite apartment for the last time, sat at the wheel of one of the vehicles – his brother drove the other – and hit the road back to his homeland.
So ended his decade-long adventure as an illegal Mexican immigrant in the United States.
According to Mexican consulate officials in Dallas, some 400 immigrant families have told them so far this year that they're going back to Mexico and asked for transfer documents to enroll their children in Mexican schools.
Enrique Hubbard Urrea, Mexican consul general in Dallas, said it is impossible to track every Mexican who leaves the area. But he said the number asking for transfer documents at the consulate is on the rise.
In 2005, the consulate issued 162 such documents; in 2006 it was 199; and last year it was 270. At the current rate, more than twice as many people will leave this year as last, he said.
"There is no doubt the trend indicates that the number is growing," Mr. Hubbard said.
And it isn't happening only in Dallas. At the Mexican consulates in Chicago and Phoenix, too, the number of Mexican families applying for transfer documents for their children has increased.
So far in 2008, more people (752) have visited the Mexican consulate in Phoenix to apply for transfer documents than the total for 2006 (248) and 2007 (330) combined, according to officials there.
According to informal surveys by the Mexican consulate in Dallas, most of those wanting to return to Mexico cite the sudden scarcity of jobs, fear of deportation and uncertainty about obtaining legal resident status any time soon.
In the last few years, and particularly the last few months, Mr. Sánchez struggled to find work. His earnings dwindled as his children grew up and their needs multiplied.
"People like me, if you don't work one day, you worry about how to feed your family the next day," he said. "We as immigrant workers never have stability, even if the economy is doing well. Imagine how things are now."
Also, he said, there is growing anti-immigrant sentiment that he would rather not experience anymore.
"Those of us who live here live depressed all the time, in hiding," he said. "They don't like us here, and those who love us and whom we love are far away. I prefer to go back, even if it means living in poorer conditions."
Mr. Hubbard said tougher enforcement of immigration laws in the last few years hasn't gone unnoticed.
"Some say companies fear hiring people without proper documents," he said.
He said others are seeing authorities detain more people in Irving, Farmers Branch and, to a lesser degree, Carrollton.
Carl Rusnok, spokesman for the Immigration and Customs Enforcement office in Dallas, said deportation of Mexican immigrants nationally has grown from 108,900 in 2005 to 136,370 last year.
Mark López, associate director of the Pew Hispanic Center, said he has no reliable data about the number of immigrants returning to Mexico but is not surprised many are going.
"Lower-income people – obviously including immigrants – have been disproportionately affected by the economic downturn," he said.
Two weeks ago, the Pew center said the unemployment rate among Hispanic immigrants reached 7.5 percent in the first quarter of 2008, compared with 5.5 percent during the same quarter of last year.
Mr. Hubbard and Mr. López say the departures could cause problems for cities, especially those that have pushed ordinances hostile to immigrants, because in scaring immigrants away, they are driving away part of their workforce along with its purchasing power.
"If they don't like them as neighbors, they won't like them as consumers, either," said Mr. Hubbard.
But others think that immigrants returning to their countries won't hurt the U.S. economy.
"The country's economy adjusted to the immigrants' presence. No doubt it will adjust to their absence," said Ira Mehlman, national spokesman for FAIR, an organization opposed to illegal immigration.
"That these people are leaving proves what we have been saying for years," he said. "If you begin enforcing the law to prevent them getting what they come here to get, they will go."
Mr. Mehlman said FAIR would like to see more immigrants leave, not because of hard economic times but because of law enforcement.
He said the return of Mexican immigrants to their home country would force the government there to make reforms to jump-start its economy.
"Exporting its unemployed, underemployed citizens or those who are unhappy there allowed the Mexican government to get rid of the pressure to introduce changes for the benefit of their people," Mr. Mehlman said. "Now that their people are going back, perhaps they won't be able to shun their responsibility any longer."
As the moment to leave came, José Luis Sánchez and his family didn't have an idea of the Mexico awaiting them. From their family, they expect everything. From their home country, not much.
"We're going to continue living by the day, for sure," he said. "But psychologically we're going to be better. With our family, without fears, without pressures. It's worth the difficulties."
And, he added, "The American Dream is just that – a dream."
May 30, 2008
Another Immigration Law Ruled Unconstitutional
Thu, 05/29/2008 - 12:13 — Judicial Watch Blog
A Clinton-appointed judge has ruled that a Dallas suburb’s ban on apartment rentals to illegal immigrants—passed by city lawmakers and later endorsed by voters—is unconstitutional because only the federal government can regulate immigration.
U.S. District Judge Sam A. Lindsay said that city leaders in Farmers Branch violated the supremacy clause of the U.S. Constitution because they didn’t defer to the federal government on this immigration matter. That, in turn, allows the federal government to pre-empt local laws, according to the judge.
The Farmers Branch council passed the ordinance in 2006 in an effort to curb the illegal immigration crisis that has devastated the entire state of Texas as well as other border states. The measure would have barred apartment rentals to illegal immigrants and required landlords to verify legal status in the country. Violators would have faced a misdemeanor charge punishable by $500.
Farmers Branch citizens subsequently voted—by a 2-to-1 margin—in favor of the ordinance, marking the nation’s first public vote on a local law to combat illegal immigration. Last year Judge Lindsay sided with a politically connected Latino rights group in temporarily blocking the measure from being enacted, claiming that Farmers Branch created its own classification to determine which non citizens may rent an apartment in the city.
The judge also said in his May 2007 temporary injunction that the ordinance deputized landlords to serve as federal immigration agents and that city officials were regulating immigration differently from the federal government. This week’s ruling simply makes that temporary injunction permanent.
Like many cities across the nation, Farmers Branch has spent hundreds of thousands of dollars to defend legal challenges to laws aimed at curbing illegal immigration. Many of the nation’s smaller municipalities have been forced to abandon their own measures in order to avoid costly litigation. The first was a southern New Jersey town (Riverside), which actually reversed a law that punished those who hire or rent to illegal aliens under threat of litigation by a notoriously liberal civil rights group.
Several other local governments have seen their laws get defeated by liberal judges like Lindsay, whose 1998 appointment to the bench was historic because it made him the first black federal judge in Northern Texas. Escondido California and Hazleton Pennsylvania are among the municipalities whose measures to curb illegal immigration have been struck down in court.
One popular web site that claims to objectively rate judges across the nation posted a variety of unfavorable comments relating to Lindsay’s Farmers Branch ruling. One reader questions how a judge can stop something that the people voted for. Another challenges the judge’s alleged unconstitutionality of the Farmers Branch law, pointing out that his1 2-year-old has a better grasp of the Constitution.
http://www.judicialwatch.org/blog/2008/may/another-immigration-law-ruled-unconstitutional-0
Link to website mentioned
http://www.therobingroom.com/Judge.aspx?ID=968
Thu, 05/29/2008 - 12:13 — Judicial Watch Blog
A Clinton-appointed judge has ruled that a Dallas suburb’s ban on apartment rentals to illegal immigrants—passed by city lawmakers and later endorsed by voters—is unconstitutional because only the federal government can regulate immigration.
U.S. District Judge Sam A. Lindsay said that city leaders in Farmers Branch violated the supremacy clause of the U.S. Constitution because they didn’t defer to the federal government on this immigration matter. That, in turn, allows the federal government to pre-empt local laws, according to the judge.
The Farmers Branch council passed the ordinance in 2006 in an effort to curb the illegal immigration crisis that has devastated the entire state of Texas as well as other border states. The measure would have barred apartment rentals to illegal immigrants and required landlords to verify legal status in the country. Violators would have faced a misdemeanor charge punishable by $500.
Farmers Branch citizens subsequently voted—by a 2-to-1 margin—in favor of the ordinance, marking the nation’s first public vote on a local law to combat illegal immigration. Last year Judge Lindsay sided with a politically connected Latino rights group in temporarily blocking the measure from being enacted, claiming that Farmers Branch created its own classification to determine which non citizens may rent an apartment in the city.
The judge also said in his May 2007 temporary injunction that the ordinance deputized landlords to serve as federal immigration agents and that city officials were regulating immigration differently from the federal government. This week’s ruling simply makes that temporary injunction permanent.
Like many cities across the nation, Farmers Branch has spent hundreds of thousands of dollars to defend legal challenges to laws aimed at curbing illegal immigration. Many of the nation’s smaller municipalities have been forced to abandon their own measures in order to avoid costly litigation. The first was a southern New Jersey town (Riverside), which actually reversed a law that punished those who hire or rent to illegal aliens under threat of litigation by a notoriously liberal civil rights group.
Several other local governments have seen their laws get defeated by liberal judges like Lindsay, whose 1998 appointment to the bench was historic because it made him the first black federal judge in Northern Texas. Escondido California and Hazleton Pennsylvania are among the municipalities whose measures to curb illegal immigration have been struck down in court.
One popular web site that claims to objectively rate judges across the nation posted a variety of unfavorable comments relating to Lindsay’s Farmers Branch ruling. One reader questions how a judge can stop something that the people voted for. Another challenges the judge’s alleged unconstitutionality of the Farmers Branch law, pointing out that his1 2-year-old has a better grasp of the Constitution.
http://www.judicialwatch.org/blog/2008/may/another-immigration-law-ruled-unconstitutional-0
Link to website mentioned
http://www.therobingroom.com/Judge.aspx?ID=968
January 22, 2008
Farmers Branch passes new ban on renting to illegals
Jan. 22, 2008
By PATRICK McGEEpmcgee@star-telegram.com
Farmers Branch dug in deeper in its fight against illegal immigration Tuesday night with a unanimous City Council vote for a new ordinance -- the third in 14 months -- to ban illegal immigrants from renting apartments in the city.
The new ordinance would also make renting a house off limits to illegal immigrants. The measure is part of the city's ongoing attempt to survive challenges in court that has kept the ban from being implemented.
The current ban never went into effect; it was halted by a temporary restraining order from U.S. District Judge Sam Lindsay, who found possible Constitutional problems with it.
The new ordinance is an attempt to meet those concerns and fulfill the wishes of Farmers Branch voters, who endorsed a rental ban by a 2-to-1 margin in a May referendum.
"A big advantage of this ordinance is that the federal government will be the one that determines immigration status," Dallas attorney Michael Jung told the council. Jung was hired by the city to grapple with Lindsay's restraining order, and he is the main author of the ordinance.
The new ordinance requires all people over age 18 who want to rent an apartment or house in the city to get a $5 rental occupancy license from City Hall.
The Building Inspector will turn in the paper work to federal authorities to see if immigrants who applied are here legally.
"Deficiency notices" will be sent to people whose information does not check out with the federal government. The occupant then has 60 days to correct the discrepancy or move out.
Landlords can be fined up to $500 a day and may have their rental licenses suspended if they do not evict the occupant believed to be an illegal immigrant.
The new ordinance's language says it will go into effect 15 days after Lindsay gives his final ruling on the ordinance he halted with a temporary restraining order.
Patrick McGee, 817-685-3806
By PATRICK McGEEpmcgee@star-telegram.com
Farmers Branch dug in deeper in its fight against illegal immigration Tuesday night with a unanimous City Council vote for a new ordinance -- the third in 14 months -- to ban illegal immigrants from renting apartments in the city.
The new ordinance would also make renting a house off limits to illegal immigrants. The measure is part of the city's ongoing attempt to survive challenges in court that has kept the ban from being implemented.
The current ban never went into effect; it was halted by a temporary restraining order from U.S. District Judge Sam Lindsay, who found possible Constitutional problems with it.
The new ordinance is an attempt to meet those concerns and fulfill the wishes of Farmers Branch voters, who endorsed a rental ban by a 2-to-1 margin in a May referendum.
"A big advantage of this ordinance is that the federal government will be the one that determines immigration status," Dallas attorney Michael Jung told the council. Jung was hired by the city to grapple with Lindsay's restraining order, and he is the main author of the ordinance.
The new ordinance requires all people over age 18 who want to rent an apartment or house in the city to get a $5 rental occupancy license from City Hall.
The Building Inspector will turn in the paper work to federal authorities to see if immigrants who applied are here legally.
"Deficiency notices" will be sent to people whose information does not check out with the federal government. The occupant then has 60 days to correct the discrepancy or move out.
Landlords can be fined up to $500 a day and may have their rental licenses suspended if they do not evict the occupant believed to be an illegal immigrant.
The new ordinance's language says it will go into effect 15 days after Lindsay gives his final ruling on the ordinance he halted with a temporary restraining order.
Patrick McGee, 817-685-3806
July 20, 2007
ICE arrests 274 criminals, fugitives, immigration violators in Dallas / Fort Worth area
July 20, 2007
ICE arrests 274 criminals, fugitives, immigration violators in Dallas / Fort Worth area
Five-day operation targeting fugitive criminals nets 99 aliens with criminal convictions
DALLAS — U.S. Immigration and Customs Enforcement (ICE) officers arrested 274 illegal aliens, criminals and immigration fugitives during a five-day enforcement operation here. Assisting ICE during this operation were officers from Dallas Constable and the following local police departments: Dallas, Irving, Fort Worth, Farmers Branch, Carrolton, Arlington and Blue Mound.
This localized, targeted enforcement initiative, which began Monday and concluded today, is part of an ongoing nationwide initiative focused on arresting criminal aliens. During this operation, ICE officers arrested 274 illegal aliens, including 99 with criminal convictions. Among those arrested were 233 men and 28 women. Of the 274 aliens arrested, 137 have already been returned to Mexico.
“The primary focus of this operation was to target, arrest and deport criminal aliens,” said Nuria T. Prendes, field office director for the ICE Office of Detention and Removal Operations in Dallas. “These operations are a critical element in removing threats to public safety. At the same time, these operations help protect the integrity of the nation’s legal immigration system.” Prendes heads an area that includes north Texas and the state of Oklahoma.
Those arrested included aliens from the following countries: Colombia, Cuba, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Nigeria, Romania and South Korea.
Following are two examples of those aliens with criminal convictions who were arrested:
Gustavo Noe Castro, 40, from Mexico, was arrested July 19 in Dallas, Texas. Castro has a lengthy criminal history, including the following: arrested and convicted in Dallas in 2000 for Assault on Family Member Resulting in Injury; also arrested and convicted in Dallas in 2000 for Possessing Controlled Substances. Castro also has three prior drunken-driving arrests in Dallas. He is being processed for deportation.
Francisco Rafael Trejo, 40, from El Salvador, was arrested July 19. Trejo has a lengthy criminal history, including the following arrests: arrested and convicted of Unlawfully Carrying a Weapon in Dallas in 1991 and 1993; arrested and convicted of Possessing Controlled Substances in 2003. Trejo also has four prior drunken-driving arrests in Dallas. He is being processed for deportation.
Some of the crimes associated with the Assault, possession/manufacturing of a controlled substance, unlawful carrying of a weapon, DWI, burglary of a vehicle, burglary of a domicile, theft, injury to a family member, illegal alien with a commercial drivers license with hazmat certificate, sex assault of child, indecency with a child, failure to stop and render aid which resulted in fatality.
Those who have not already been returned to Mexico have been placed into deportation proceedings and are awaiting return to their countries of origin.
These arrests are part of ICE’s interior enforcement strategy, which was announced in April 2006 by Department of Homeland Security Secretary Michael Chertoff and ICE Assistant Secretary Julie Myers. A critical element of this interior enforcement strategy is to identify and remove criminal aliens, fugitives and other immigration violators from the United States.
-- ICE --
ICE arrests 274 criminals, fugitives, immigration violators in Dallas / Fort Worth area
Five-day operation targeting fugitive criminals nets 99 aliens with criminal convictions
DALLAS — U.S. Immigration and Customs Enforcement (ICE) officers arrested 274 illegal aliens, criminals and immigration fugitives during a five-day enforcement operation here. Assisting ICE during this operation were officers from Dallas Constable and the following local police departments: Dallas, Irving, Fort Worth, Farmers Branch, Carrolton, Arlington and Blue Mound.
This localized, targeted enforcement initiative, which began Monday and concluded today, is part of an ongoing nationwide initiative focused on arresting criminal aliens. During this operation, ICE officers arrested 274 illegal aliens, including 99 with criminal convictions. Among those arrested were 233 men and 28 women. Of the 274 aliens arrested, 137 have already been returned to Mexico.
“The primary focus of this operation was to target, arrest and deport criminal aliens,” said Nuria T. Prendes, field office director for the ICE Office of Detention and Removal Operations in Dallas. “These operations are a critical element in removing threats to public safety. At the same time, these operations help protect the integrity of the nation’s legal immigration system.” Prendes heads an area that includes north Texas and the state of Oklahoma.
Those arrested included aliens from the following countries: Colombia, Cuba, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Nigeria, Romania and South Korea.
Following are two examples of those aliens with criminal convictions who were arrested:
Gustavo Noe Castro, 40, from Mexico, was arrested July 19 in Dallas, Texas. Castro has a lengthy criminal history, including the following: arrested and convicted in Dallas in 2000 for Assault on Family Member Resulting in Injury; also arrested and convicted in Dallas in 2000 for Possessing Controlled Substances. Castro also has three prior drunken-driving arrests in Dallas. He is being processed for deportation.
Francisco Rafael Trejo, 40, from El Salvador, was arrested July 19. Trejo has a lengthy criminal history, including the following arrests: arrested and convicted of Unlawfully Carrying a Weapon in Dallas in 1991 and 1993; arrested and convicted of Possessing Controlled Substances in 2003. Trejo also has four prior drunken-driving arrests in Dallas. He is being processed for deportation.
Some of the crimes associated with the Assault, possession/manufacturing of a controlled substance, unlawful carrying of a weapon, DWI, burglary of a vehicle, burglary of a domicile, theft, injury to a family member, illegal alien with a commercial drivers license with hazmat certificate, sex assault of child, indecency with a child, failure to stop and render aid which resulted in fatality.
Those who have not already been returned to Mexico have been placed into deportation proceedings and are awaiting return to their countries of origin.
These arrests are part of ICE’s interior enforcement strategy, which was announced in April 2006 by Department of Homeland Security Secretary Michael Chertoff and ICE Assistant Secretary Julie Myers. A critical element of this interior enforcement strategy is to identify and remove criminal aliens, fugitives and other immigration violators from the United States.
-- ICE --
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