Thursday, July 25, 2013

Federal Court Strikes Down Discrimination In Texas City (Again)

I have posted before about the anti-immigrant efforts of the city of Farmers Branch, Texas (a city of about 29,000 people bordering the northern edge of Dallas). The city council of that community is convinced that they should be able to usurp the authority of the federal government, and decide immigration policy for themselves.

Since 2006, Farmers Branch has passed a series of laws designed to discriminate against immigrants (especially those who are undocumented) -- and each time those laws have been slapped down by federal courts. Their latest effort is a city ordinance that requires landlords to get a permit from the city building inspector before renting out their property (either a house or an apartment). The city inspector was supposed to investigate the legal status of the prospective renter before issuing a permit.

The ordinance never went into effect, because a federal judge immediately issued a restraining order when it was passed. And last Monday, the U.S. 5th Circuit Court of Appeals issued a decision in the case. On a 9 to 5 vote, that court struck down the city's ordinance. Using the Supreme Court's 2012 decision invalidating much of Arizona's SB 1070, the appeals court said "legislation of (this) type is not entitled to wear the cloak of constitutionality". After learning of the court's decision, legal and policy director of ACLU-Texas Rebecca L. Robertson said:

"All of Texas benefits from the contributions of immigrants who live and work in our state. We fervently hope that this case marks the end of the anti-immigrant laws that target our friends, our neighbors, and our family members for harsh treatment."

I agree with the sentiment expressed by Ms. Robertson, but I think it's just a bit naive. Those who want the right to impose racial and ethnic discrimination here in Texas have proven themselves to be a hard-headed lot. I expect they will either waste a lot more of the city's money by trying to appeal this decision, or try to find another way to achieve their venomous and discriminatory crusade.

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