District Judge issues injunction in Farmers Branch illegal immigration case
Monday, September 22, 2008 - 2:42 PM CDT
Dallas Business Journal
An attorney representing the City of Farmers Branch in a lawsuit related to the city’s attempt to ban local property owners from renting to illegal immigrants says a U.S. district judge has issued an injunction that bans enforcement of the city ordinance until a trial is complete or a summary judgment is issued.
U.S. District Judge Jane Boyle of the Northern District of Texas made that determination this week, according to attorney Michael Jung, a partner at Strasburger & Price LLP, who is representing Farmers Branch.
Based on Boyle’s order, the city cannot enforce the ordinance until a summary judgment is granted or a trial deeming the constitutionality of the ordinance is complete. Boyle issued the injunction with the conditions that attorneys on both sides of the argument complete discovery within 30 days and file their motions for summary judgment by Oct. 29, Jung said.
The injunction is based on the plaintiff’s allegation that the city ordinance preempts federal law, Jung added. The plaintiffs, which include the Mexican American Legal Defense and Educational Fund, the American Civil Liberties Union Immigrants' Rights Project and the ACLU of Texas filed the complaint this month saying Farmers Branch Ordinance 2952 violates the U.S. Consitution as well as federal and state law.
In a press statement, the plaintiffs said, "A federal judge has twice ruled unconstitutional the city's attempts to pass such measures. The third such effort, Ordinance 2952, was passed by the city just five days after U.S. District Judge Sam Lindsay struck down an earlier version of the rental ban."
The controversial city ordinance was first adopted by the Farmers Branch City Council in 2006 and was approved by voters in 2007. The ordinance prohibits apartment complexes and property managers from renting units without first verifying a person's citizenship.
In a conversation with the Dallas Business Journal on Monday, Jung said no matter what side benefits from a summary judgment or an actual trial, it's very likely the losing party will appeal.
Jung said Monday, "We are confident that ultimately we will prevail, and the constitutionality of the new ordinance will be upheld." He added, "The Supreme Court held 30 years ago that states (which includes cities) may legally act in the immigration area in the support of enforcement of federal law as long as they don't deviate from federal law."
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