City Anti-Immigration Ordinance Struck Down

On March 24, 2010, a federal judge ruled that a City of Farmers Branch, Texas ordinance (Ordinance 2952) banning illegal immigrants from renting apartments was unconstitutional. The judge ruled that the ordinance was the city’s attempt to enforce U.S. immigration laws, which is something only the federal government can do.

The ordinance established a licensing system for renters in the City of Farmers Branch. Renters were required to pay a fee and obtain a residential occupancy license issued by the city's building inspector. The city’s building inspector would then have to verify a renter's immigration status with federal officials if the renter did not declare him or herself a citizen or national of the U.S. The city would revoke the licenses of people who did not have legal status in the U.S.

For years, Farmers Branch had been trying to enforce bans on landlords renting to illegal immigrants. The original ordinance was repealed and replaced by a redrafted one after being met with lawsuits and protests. The second attempt was challenged in court as well, with a federal judge eventually ruling it unconstitutional. This latest ruling involved the city’s third attempt. Reports state that Farmers Branch has spent about $3.3 million fighting lawsuits challenging its efforts over the years. Even though much of the city’s money has already been spent defending its efforts and federal courts have twice previously ruled against the ordinance, the City Council of Farmers Branch may still decide to appeal the decision to a higher court.