[slider]In November 2006, the City of Farmers Branch became the first city in Texas to pass an anti-immigrant ordinance. Ordinance 2892, and its later replacement Ordinance 2903, required landlords of apartment complexes to verify that every person living in an apartment in the City, was a United States citizen or an eligible immigrant.
On behalf of landlords and tenants, MALDEF challenged the constitutionality of the City’s Ordinance. MALDEF was successful in quickly blocking enforcement of the City’s Ordinance with a preliminary injunction and finally in May of 2008, U.S. District Court Judge Sam A. Lindsay determined that Ordinance 2903 was preempted by federal law and violated Plaintiffs’ right to due process. The judge ordered a permanent injunction prohibiting the City from enforcing Ordinance 2903.
However, on January 22, 2008, the City of Farmers Branch enacted yet another ordinance. Ordinance 2952 requires all renters in the City to obtain a “residential occupancy license” and further requires that all adult non-U.S. citizen renters to provide information demonstrating their “lawful presence” in the United States.
MALDEF, the ACLU Immigrants Right Project, and the ACLU of Texas have filed a separate lawsuit, Reyes vs. City of Farmers Branch, challenging the constitutionality of Ordinance 2952 arguing that the City’s latest attempt to regulate in the area of immigration continues to violate the U.S. Constitution as well as state and federal laws. That ordinance is temporarily enjoined as the challenge proceeds.
Farmers Branch, Texas Anti-Immigrant Ordinance Is Blocked While Challenge Continues
September 22, 2008
DALLAS, TX — City officials in Farmers Branch, Texas today agreed not to fight a request from residents to block the city's latest anti-immigrant ordinance from taking effect while a legal challenge continues. The American Civil Liberties Union, the ACLU of Texas and the Mexican American Legal Defense and Educational Fund (MALDEF) filed a request in federal court on the residents' behalf for a preliminary injunction blocking the ordinance. The U.S. District Court for the Northern District of Texas is expected to enter the injunction today.
The challenged ordinance, Ordinance 2952, is the city's third attempt at restricting residency based on immigration status. It would require all adults in the city who live in rental housing to register with the city and provide citizenship and immigration information in order to obtain a so-called “residential occupancy license.” Under the ordinance, landlords would have to evict all residents who the city deems “not lawfully present in the United States,” including people living with U.S. citizen children, spouses and parents. The civil rights groups charge that the ordinance violates the U.S. Constitution, federal and state statutes and is discriminatory.
At an earlier hearing on Friday, September 12, U.S. District Court Judge Jane J. Boyle temporarily blocked the ordinance.
“The city saw which way the wind was blowing. It's highly unlikely that the court will uphold this discriminatory law and the city decided to give up this part of their losing battle,” said Nina Perales, Southwest Regional Counsel for MALDEF. “We are confident that the order blocking the ordinance will be made permanent should this case proceed to trial. Immigration reform is a federal responsibility and local anti-immigrant ordinances only hurt city economies and community relations.”
The city's anti-immigrant ordinances have been defeated over and over again in the courts. The city withdrew its first ordinance in the face of multiple lawsuits by business and civil rights groups. The second ordinance was temporarily, preliminarily and then permanently blocked by U.S. District Judge Sam Lindsay of the Northern District of Texas. When it became clear that the second ordinance was doomed, the city passed Ordinance 2952, which Judge Lindsay observed was “yet another attempt to circumvent the court's prior rulings and further an agenda that runs afoul of the United States Constitution.” Judge Boyle's September 12 ruling was the fourth federal court order to block the city's anti-immigrant ordinances, and today's preliminary injunction is the fifth.
“The politicians who support this ordinance and their advisors from national anti-immigrant organizations seem to regard this as some sort of game, even though the laws they have invented are terribly serious and have real consequences for the city and its residents. But it's time for them to realize that they've long since struck out,” said Omar Jadwat, staff attorney at the ACLU Immigrants' Rights Project.
“Every court in the country that has reviewed these local anti-immigrant housing ordinances has put a stop to them,” said Lisa Graybill, Legal Director of the ACLU of Texas. “Farmers Branch has taken the curious approach of recreating their ordinance to be even more intrusive and offensive, to the point of subjecting everyone to an intrusive, Big Brother-like licensing regime. The city has lost sight not only of the law, but of common sense, in this case.”
Attorneys who are working on the case include Jadwat, Lucas Guttentag, Jennifer Chang Newell and Farrin Anello of the ACLU Immigrants' Rights Project; Graybill of the ACLU of Texas; Perales and Marisol L. Perez of MALDEF; and David Broiles.
ACLU of Texas, MALDEF File Suit to Stop Farmers Branch Newest Anti-Immigrant Ordinance
Ordinance Requires All Renters to “Register” and Obtain City Licenses to Reside in Farmers Branch
September 15, 2008
DALLAS, TX — Friday, the Mexican American Legal Defense and Educational Fund (MALDEF), the American Civil Liberties Union (ACLU) Immigrants’ Rights Project, and the ACLU of Texas filed a complaint in federal court, alleging that Farmers Branch Ordinance 2952 violates the U.S. Constitution and federal and state statutes. Ordinance 2952, which requires all renters in Farmers Branch to register their presence with the City and obtain an occupancy license, is the City’s third effort to restrict residency in Farmers Branch.
“Unfortunately, the City of Farmers Branch doesn’t know when to quit,” said Nina Perales, Southwest Regional Counsel for MALDEF. “Despite several rulings striking down predecessor Ordinances, Farmers Branch continues to try to regulate immigration by violating the rights of all renters in Farmers Branch.
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. Ordinance 2952 was scheduled to take effect Saturday, Sept. 13 but was enjoined late Friday afternoon by U.S. District Judge Jane Boyle in a separate related lawsuit.
“Anyone with a sense of history should be wary of an ordinance requiring a city’s residents to ‘register’ and obtain an ‘occupancy license,’” said Lisa Graybill, Legal Director for the ACLU of Texas. “Far from curing the defects of the previous ordinances, the new Ordinance is more offensive to Constitution and violates core American values like privacy and the right to freely contract,” noted Omar Jadwat, staff attorney for the ACLU’s Immigrants Rights Project.
The lawsuit charges that Ordinance 2952 allows Farmers Branch to enforce immigration law, a responsibility of federal government. The Ordinance also violates the equal protection and due process provisions of the Constitution.
MALDEF, ACLU Win Permanent Injunction Of Farmers Branch Anti-Immigrant Ordinance
Federal judge rules Farmers Branch Ordinance 2903 is unconstitutional and rejects City’s attempt to declare most recent Ordinance constitutional
May 28, 2008
DALLAS, TX — Today, the American Civil Liberties Union Foundation of Texas (ACLU) and the Mexican American Legal Defense and Educational Fund (MALDEF) succeeded in invalidating Ordinance 2903, an anti-immigrant ordinance enacted by Farmers Branch, Texas. The ordinance was adopted by the Farmers Branch City Council in January of 2007. The federal court decision forbids the City from ever enforcing the Ordinance.
In a lengthy opinion, U.S. District Court Judge Sam A. Lindsay determined that Ordinance 2903 was preempted by federal law and violated Plaintiffs’ right to due process. In a separate order, Judge Lindsay also denied the City's request for a declaration that the City's latest version of the law, Ordinance 2952, is constitutional. The new ordinance does not go into effect until next month, but the federal court indicated that it too was problematic.
Noting that Farmers Branch has repeatedly and unsuccessfully tried to amend its discriminatory ordinance to pass legal muster, Judge Lindsay wrote: “[T]he 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. This motion is the city’s latest attempt to get the court to accept some version of the Ordinance as a legitimate scheme to regulate immigration.”
“This ruling sends a clear message to Farmers Branch that the City cannot regulate in the area of immigration,” stated Marisol Perez, MALDEF Staff Attorney. “Farmers Branch should stop wasting its taxpayers’ money on a string of failures in court,” continued Perez.
“The Court’s latest opinion is yet another affirmation of what we have argued since the first Ordinance was proposed in November 2006, and what courts across the country have recognized in other cases,” said Lisa Graybill, Legal Director for the ACLU of Texas. “No municipality has the authority to regulate immigration. The City of Farmers Branch’s repeated attempts to do so are both impractical and unconstitutional.”
Judge Grants ACLU, MALDEF Request For Preliminary Injunction In Immigration Ordinance Challenge
Preliminary injunction blocks ordinance from going into effect until a decision is reached in lawsuit
June 19, 2007
FARMERS BRANCH, TX — The American Civil Liberties Union (ACLU) Foundation of Texas and the Mexican American Legal Defense and Educational Fund (MALDEF) won a preliminary injunction today to block implementation of an anti-immigrant ordinance in Farmers Branch. The ordinance was initially adopted by the Farmers Branch City Council in January and was approved by Farmers Branch residents in a referendum vote on Saturday, May 12. The preliminary injunction will prevent the ordinance from going into effect until a ruling is reached in the lawsuit filed by the ACLU and MALDEF challenging the legality of the ordinance.
Last month, U.S. District Court Judge Sam A. Lindsay granted attorneys for the ACLU and MALDEF a temporary restraining order (TRO) to block implementation of the ordinance. The preliminary injunction will maintain the status quo through the duration of the trial.
“Around the nation, every judge who has reviewed these local anti-immigrant ordinances has put a stop to them,” said Nina Perales, Southwest Regional Counsel for MALDEF and attorney who argued the preliminary injunction motion. “Immigration reform is a federal responsibility and local anti-immigrant ordinances only hurt city economies and community relations,” continued Perales.
“We believe that the preliminary injunction will be made permanent should this case proceed to trial,” said Lisa Graybill, Legal Director for the ACLU of Texas. “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.”
Attorneys for MALDEF, the ACLU of Texas and the ACLU Immigrants Rights Project filed their lawsuit against the city on December 26, 2006 in federal district court on behalf of residents and landlords who will be adversely affected by a predecessor of the current ordinance. The lawsuit maintains that the ordinance violates federal immigration law and illegally puts landlords in the untenable position of serving as federal law enforcement agents. The complaint also alleges that the ordinance violates the fundamental rights of both landlords and tenants.
Judge Grants MALDEF, ACLU Request For Temporary Restraining Order In Immigration Ordinance Challenge
TRO blocks ordinance from going into effect May 22, 2007
May 21, 2007
FARMERS BRANCH, TX — The Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union (ACLU) Foundation of Texas won a request for a temporary restraining order (TRO) today to block implementation of an anti-immigrant ordinance in Farmers Branch. The ordinance was initially adopted by the Farmers Branch City Council in January and was recently approved by Farmers Branch residents in a vote on Saturday, May 12. The TRO blocks the ordinance from going into effect tomorrow as scheduled.
Last week, attorneys for the ACLU and MALDEF filed the TRO application to block implementation of the ordinance. U.S. District Court Judge Sam A. Lindsay today granted the requests.
“We are grateful that the court recognized the potential harm to landlords and tenants in Farmers Branch, should this unconstitutional ordinance have gone into effect,” said Lisa Graybill, Legal Director for the ACLU of Texas. “We are confident that the court's preliminary findings will be sustained as the litigation moves forward.”
“Today’s ruling sends a clear message that Farmers Branch’s ordinance, and other similar anti-immigrant ordinances blocked by courts around the country, are an illegal attempt to usurp federal power to regulate immigration,” said Nina Perales, Southwest Regional Counsel for MALDEF.
ACLU and MALDEF Disappointed In Farmers Branch Election Results
Legal Challenge Renewed as Ordinance Goes into Effect
May 12, 2007
FARMERS BRANCH, TX — The American Civil Liberties Union of Texas (ACLU) and the Mexican American Legal Defense and Education Fund (MALDEF) expressed disappointment that residents of Farmers Branch voted to let an anti-immigrant ordinance go into effect and vowed to renew their legal challenge as a result.
“The silent majority in Farmers Branch agrees that this illegal ordinance will drain the community of resources and ultimately hurt the reputation of the City. We will act quickly to prevent Ordinance 2903’s enforcement,” stated Nina Perales, Southwest Regional Counsel for MALDEF.
Ordinance 2903 is one of several anti-immigrant initiatives across the country that would require landlords and business owners to act as law enforcement agents to verify the citizenship status of potential tenants and employees. Similar ordinance have been enjoined in Pennsylvania, California, and Missouri.
“We are clearly disappointed by the election results, but this does not mean the fight is over,” said Lisa Graybill, Legal Director for the ACLU of Texas. “We will be renewing our challenge in court immediately and are confident that the judicial process will restore the rights of both landlords and tenants in Farmers Branch.”
The ordinance was challenged in federal court by MALDEF and the ACLU when it was first passed. MALDEF and the ACLU had asked a federal court to restrain Farmers Branch from enforcing the ordinance because it violates the constitutional rights of both Farmers Branch landlords and tenants. In response to the lawsuit, the Farmers Branch City Council ordered the City Attorney to draft a replacement to the challenged ordinance. In addition, the City Council called for a voluntary referendum to submit the revised ordinance to Farmers Branch voters on May 12, 2007.
Farmers Branch To Consider Repeal Of Anti-Immigrant Ordinance Challenged By MALDEF and ACLU
January 18, 2007
FARMERS BRANCH, TX — Today, the city of Farmers Branch filed a joint document in federal court with the Mexican American Legal Defense and Educational Fund (MALDEF) and American Civil Liberties Union Foundation of Texas (ACLU) in which the city agreed to not enforce its current ordinance. The Farmers Branch City Council voted yesterday to direct their City Attorney to draft a new ordinance effectively repealing the City’s anti-immigrant ordinance adopted on November 13, 2006.
The ordinance was challenged in federal court by MALDEF and the ACLU. MALDEF and the ACLU had asked a federal court to restrain Farmers Branch from enforcing the ordinance because it violated the constitutional rights of both Farmers Branch landlords and tenants. In response to the lawsuit, the Farmers Branch City Council ordered the City Attorney to draft a replacement to the challenged ordinance. In addition, the City Council called for a voluntary referendum to submit the revised ordinance to Farmers Branch voters on May 12, 2007.
“Our clients are pleased with the decision by the City Council to reconsider Ordinance 2892. The ordinance is bad for the community and against the law. Hopefully, the City Council will decide to abandon its efforts to turn landlords into immigration agents,” stated Marisol Perez, staff attorney for MALDEF.
“Repealing the current ordinance is the right move for the City Council. Litigation will be costly to the taxpayers of Farmers Branch and Ordinance 2892 is an unlawful attempt to override federal immigration laws,” said Lisa Graybill, Legal Director for the ACLU of Texas.
“We are confident that the residents of Farmers Branch will decide that any ordinance that blames immigrants in Farmers Branch for the city’s perceived ills is not in the best interest of their community. Instead of bowing to the pressures of anti-immigrant advocates, we hope that the City Council and the voters will commit to acting in the best interest of Farmers Branch,” added Nina Perales, Southwest Regional Counsel for MALDEF.
State Court Judge Halts Farmers Branch Ordinance
ACLU and MALDEF pleased that unconstitutional ordinance will not go into effect on January 12, 2007
January 11, 2007
FARMERS BRANCH, TX — Today, Judge Priddy of the 116th District Court in Dallas prohibited the City of Farmers Branch from enforcing Farmers Branch Ordinance 2892, which would require landlords in Farmers Branch to verify the citizenship or immigration status of every tenant living in a complex with three or more units or face a $500 fine per violation. In an order issued at 11:00 am today, the judge found that a landlord had demonstrated a probability that the process by which the Ordinance was adopted on November 13, 2006 may constitute a violation of the Texas Open Meeting Act.
The Temporary Restraining Order issued by Judge Priddy will remain in effect until January 22, 2007, when the Judge will hold a hearing to determine whether the ordinance should be further enjoined pending a full trial on the merits of the Texas Open Meeting Act claim.
The Order is parallel to the relief sought in the federal civil rights suit filed by the Mexican American Legal Defense and Education Fund (MALDEF) and the American Civil Liberties Union Foundation of Texas (ACLU) on December 26, 2006. The ACLU and MALDEF also sought a Temporary Restraining Order through a motion filed yesterday in federal court in Dallas.
“We are very glad the state court issued its temporary restraining order today and will move forward with our request for a Temporary Restraining Order in federal court in the constitutional challenge,” commented Nina Perales, MALDEF Southwest Regional Counsel.”
“The residents of Farmers Branch can rest easier tonight knowing that Ordinance 2892 will not go into effect tomorrow, if at all.” said Lisa Graybill, Legal Director for the ACLU of Texas. “While we await Judge Priddy’s next ruling, we will continue to pursue our federal civil rights suit on behalf of both landlords and tenants who will be harmed by this Ordinance if it goes into effect.”
ACLU, MALDEF File Temporary Restraining Order In Immigration Ordinance Challenge
Ordinance will go into effect January 12, 2007
January 10, 2007
FARMERS BRANCH, TX — Early this morning, the Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union Foundation of Texas (ACLU) filed a request for a temporary restraining order blocking implementation of an anti-immigrant ordinance adopted by the Farmers Branch City Council on November 13, 2006. The ordinance is scheduled to go into effect on January 12.
“We regret that the City Council is continuing its plan to implement this ordinance despite strong community opposition and its likely unconstitutionality,” said Lisa Graybill, Legal Director for the ACLU of Texas. “Now the issue will have to be resolved in federal court, at considerable cost to the taxpayers of Farmers Branch, the majority of whom recognize that the ordinance is both bad for the community and against the law.”
“We hope the residents of Farmers Branch decide that this ordinance is not in their best interest and vote against it, but in the meantime we will continue to fight for the protection of the Constitutional rights of our clients,” added Nina Perales, Southwest Regional Counsel for MALDEF.
Attorneys for the ACLU and MALDEF will continue with the suit filed on December 26, 2006 in federal district court on behalf of residents and landlords who will be adversely affected by the ordinance. The lawsuit maintains that the ordinance is in direct violation of federal immigration law and illegally puts landlords in the untenable situation of serving as federal law enforcement agents. The complaint also alleges that the ordinance violates the fundamental rights of both landlords and tenants.
Farmers Branch City Council Proceeds With Implementation Of Challenged Immigration Ordinance
Ordinance will go into effect January 12, 2007
January 09, 2007
FARMERS BRANCH, TX — Last night, the Farmers Branch City Council refused to rescind or suspend implementation of the anti-immigrant ordinance it adopted on November 13, 2006 despite the submission of a recall petition signed by Farmers Branch residents and the legal challenge filed by the Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union Foundation of Texas (ACLU). As a result, the ordinance will be put to a vote by the residents of Farmers Branch on May 12th.
Attorneys for MALDEF and the ACLU will continue with the suit filed on December 26, 2006, in federal district court on behalf of residents and landlords who will be adversely affected by the ordinance. The lawsuit maintains that the ordinance is in direct violation of federal immigration law and illegally puts landlords in the untenable situation of serving as federal law enforcement agents. The complaint also alleges that the ordinance violates the fundamental rights of both landlords and tenants.
“Unfortunately, the city council decided to continue with this fundamentally flawed ordinance and ignore the community’s desire to halt its implementation,” stated Marisol Perez, staff attorney for MALDEF.
“We regret that the City Council is continuing its plan to implement this ordinance despite strong community opposition and its likely unconstitutionality,” said Lisa Graybill, Legal Director for the ACLU of Texas. “Now the issue will have to be resolved in federal court, at considerable cost to the taxpayers of Farmers Branch, the majority of whom recognize that the ordinance is both bad for the community and against the law.”
“We hope the residents of Farmers Branch decide that this ordinance is not in their best interest and vote against it, but in the meantime we will continue to fight for the protection of the Constitutional rights of our clients,” added Nina Perales, Southwest Regional Counsel for MALDEF.
MALDEF Strongly Opposes Farmers Branch City Council's Passage of Local Anti-Immigrant Measure
Ordinance has same constitutional flaw as others MALDEF has challenged
November 14, 2006
FARMERS BRANCH, TX — In response to action taken by the Farmers Branch City Council to pass an anti-immigrant housing ordinance aimed at penalizing landlords who fail to verify the immigration status of tenants, the Mexican American Legal Defense and Educational Fund (MALDEF) conferred with local leaders to prepare for the next phase of the debate. MALDEF has recently filed lawsuits against the cities of Escondido, CA and Valley Park, MO, who have passed similarly discriminatory and unconstitutional ordinances. Yesterday, MALDEF attorneys testified before the Farmers Branch City Council warning of the measure’s constitutional flaws.
“The ordinance unfairly makes landlords immigration agents. The ordinance will force landlords, who have no federal training, to review and verify a confusing variety of immigration documents,” stated Nina Perales, MALDEF Southwest Regional Counsel.
Additionally, the law will impose a great burden on all the residents of Farmers Branch who will now have to provide proof of legal immigration status when looking for an apartment to rent. MALDEF is concerned that the law will lead to the disparate treatment of Latinos, who are more likely to be the ones asked to prove legal status when applying to rent.
“The law is hypocritical. Farmers Branch has benefited economically from immigrants who have revitalized the downtown but the City leaders seek to push out the very people who are sustaining the economy. Farmers Branch wants the economic benefit brought by immigrants but doesn’t want to see the immigrants themselves,” added Luis Figueroa, MALDEF Staff Attorney.
The housing ordinance is scheduled to take effect on January 12, 2007. The council also passed a resolution yesterday to make English the city’s official language.
Court Documents
Reyes v. Farmers Branch Complaint
Original Verified Complaint for Declaratory and Injunctive Relief/p>