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May 29th, 2008
Posted by Ben Chandler, Immigrants' Rights Project at 10:24pm

Another Victory in the Fight Against Anti-Immigrant Ordinances

Yesterday the courts dealt another blow against the disturbing trend of cities, towns and counties across the country attempting to enact unconstitutional anti-immigrant ordinances. On Wednesday, the U.S. District Court for the Northern District of Texas issued an order permanently preventing the City of Farmers Branch, Texas, from enforcing its discriminatory anti-immigrant housing ordinance. The ordinance prohibited landlords from renting to noncitizens (including legal immigrants here on visas) who did not fall into a narrow class of lawful immigrants. The Farmers Branch ordinance is just the latest unsuccessful attempt by cities and states to legislate immigration law locally, as several of these laws have subsequently been repealed (e.g., Riverside, N.J.; Valley Park, Mo.) or shot down by the courts (e.g., Hazleton, Penn.; Escondido, Calif.).

In December 2006 the ACLU, along with the Mexican American Legal Defense and Educational Fund, filed suit to challenge the ordinance. After the court issued a temporary restraining order and a preliminary injunction to stop the enforcement of the ordinance, Farmers Branch kept attempting to alter it, but it was still found to violate the 14th Amendment’s Due Process Clause and to be preempted by federal law.

When a city tries to deny housing to immigrants, it does nothing to help the immigration issues facing our country, but instead helps to feed the fire of anti-immigrant sentiment and perpetuate the misconceptions that immigration is a threat against public safety or our economy. Instead of punishing landlords and creating a patchwork of inconsistent and discriminatory laws, our cities should address immigration concerns by supporting rational solutions which do not violate American laws and values of fairness, equality, and due process.

Stay tuned, as the saga will certainly continue; Farmers Branch has recently adopted a new anti-immigrant housing ordinance.

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32 Responses to "Another Victory in the Fight Against Anti-Immigrant Ordinances"

  1. William Teach Says:

    What part of "it is about people coming to the country illegally, not those who are here legally," does the ACLU not get?

  2. Randy Says:

    What is the difference between a legal immigrant and a lawful immigrant?

  3. Chad Says:

    Lets just hope that those that are renting require background checks, if they cant pass the background then you dont have to rent to them. We "the public" have to use all the tools we can to stop the flood of illegal aliens into our country! The ACLU might win one here and there but they can't stop those of us that use our brains.

  4. Anonymous Says:

    Immigrants are in this country because they have a need that we can provide and because we have a need that they can provide.

    If an immigrant has a clean record, has made a home here for his family, and has shown intentions of being a good citizen, we should look upon their presence in the United States as an opportunity to assimilate these people into our communities.

    They should be offered a "fast-track" path to citizenship. When I did my research for my newest novel, THE IMMIGRANT, I was appalled at finding such a calloused attitude of so many xenophobics.

    How easily we forget that we are a nation of immigrants from all over the world.

    charlesclarknovels

    www.charlesclarknovels.com

  5. mike bean Says:

    Anti-immigrant or anti-illegal immigrant?

  6. Gregory Lea Says:

    If a person entered this Country illegally, that makes them a law breaker. Granted this Country became what it is because of immigrant's. Those immigrant's have become US citizens through processes that have been put in place to protect the United States and their citizens. Especially today, we need the security and protection that our government can provide. Illegal=criminal no matter how you sugar coat it.

  7. pedro Says:

    Aclu are America haters and will lie and twist truth so as to turn this country into a Godless Socialist craphole.

  8. Anonymous Says:

    The ACLU writes:
    "...misconceptions that immigration is a threat against public safety or our economy".

    Most Americans support legal immigration and the protection of human rights. However, it is divisive and a disservice to those values for the ACLU to spin the issue with statements such as the one above. First, you muddy the distinction between legal and "illegal" immigrants. The debate is not about legal immigration. Second, how can you imply that open borders have no security risks, and that large numbers of low-cost "illegal" immigrants don't negatively impact wages of legal immigrants and citizens?

    I morally support the ACLU in many of it's causes and activities, but such disingenuous spin prevents me from offering financial support.

  9. jose Says:

    I am here legally and all those people that a sneaking into this country is wrong

  10. Cathy Consoli Says:

    Most Americans are for LEGAL immigration. It's ILLEGAL IMMIGRATION that is the problem!!!!!!!!! I'm SICK of hearing they only do jobs that Americans will not do. That is total BULL. There ISN'T a job Americans will not do if they get paid a fair wage. Business' that hire illegal immigrants pay much less. This practice is the other side of outsourcing jobs. Import cheap labor for the jobs that can't be outsourced. The goal seams to be to make sure that Americans don't have any jobs (with the exception of Wall Street and CEO's)so that we will be thankful for any scraps we get. I'd like to know two things, who is going to buy anything no matter how cheap if we don't have good paying jobs and where are they going to get the taxes from?
    How about the ACLU representing American
    citizens for once. Like you used to do?
    The only right that illegals have is to be treated humanely. They do not have a right to make demands of our government!
    One more thought, the ONLY job that should require speaking another language is that of a translator!!!!!!!
    My grandparents on both sides were immigrants and nobody gave them special
    treatment. They learned ENGLISH because they wanted to be American citizens. They came here legally.

  11. Phil Says:

    The U.S. was not a nation of immigrants from around the world prior to 1965.
    Immigration policies were changed then to favor chain immigration from third world countries.
    Multiculturalism and the idea that all
    races are equal was invented around that time.
    According to multiculturalism landing
    a man on the moon is no more significant than making a bottle of tequila with a worm in it.
    Prior to that immigration was mostly limited to white immigrants from northern europe.

  12. Phil Says:

    The ACLU was supposed to have been
    started by members of the american
    communist party in the 1920's.
    i think they are trying to slowly destroy
    this country.
    The seem to be in favor of everything
    that is destructive to the U.S.

  13. cphilbrick Says:

    The ACLU DOES NOT REPRESENT THE MAJORITY OF AMERICANS. WE LIVE IN A DEMOCRACY WHERE MAJORITY RULES. ILLEGALS NEED TO LEAVE AMERICA AND TAKE THE ACLU WITH THEM. MAYBE THE ACLU CAN HELP YOU IN YOUR OWN COUNTRY AND THEY CAN LEARN YOUR LANGUAGE AND SALUTE YOUR FLAG. THE ACLU ARE SO FAR LEFT. THEY SHOULD BE ASHAMED OF THEIR BELIEFS.

  14. Tracy Says:

    Why do people hate "illegals" so much? Being in the country without papers is a violation of the law - this is true. However, US citizens violate all sorts of laws all the time. Why are people so up in arms about whether immigrants come to this country legally or illegally? I think people are using the "rule of law" argument to mask the real motivations, which are fear, xenophobia, racism and misplaced anger about the state of our nation.

  15. ASimpleDad Says:

    Why would someone renting their property care if a person is breaking boarder laws, committing identity theft, committing social security and tax fraud, right? If we really care about people, there are people living in Bangladesh that are much worse off than the average illegal from central/south America. If you really care, you would setup a program to help those people most in need. But it isn't about that, it's about the appearance of caring. Give me a break. The ACLU does nothing to stop the daily unreasonable punishment of daily prison rape for thousands of offenders sentenced for stupid drug violations, but it all about protecting the rights of criminals committing identity theft and social security and tax fraud. Which is worse, having to live in your own country and APPLY to come to America, or getting gang raped in prison, and possibly getting a death sentence from contracting AIDs, all because of some petty drug crime? But you will go the extra mile to attack the USA about alleged torture and the rights of enemy fighters seized during conflicts that are still ongoing, but do nothing about an injustice that is ingrained into American culture, to the point that it is EXPECTED to happen, that it is accepted to joke about. Why does the ACLU not care about the rights of America citizens being abused by the justice system and getting the cruel and unusual punishment of gang rape?

  16. Fred Says:

    Certain people are angry that the U.S.A. might protect its own borders, might make it harder to sneak into this country and, once here, to stay indefinitely.

    Let me see if I correctly understand the thinking behind these protests.

    Let's say I break into your house. Let's say that when you discover me in your house, you insist that I leave.
    But I say, 'No! I like it here. It's better than my house. I've made all the beds and washed the dishes and did the laundry and swept the floors. I've done all the things you don't like to do. I'm hard-working and honest(except for when I broke into your house)

    According to the protesters:
    You are Required to let me stay in your house
    You are Required to feed me
    You are Required to add me to your family's insurance plan
    You are Required to Educate my kids
    You are Required to Provide other benefits to me & to my family
    (my husband will do all of your yard work because he is also hard working and honest, except for that breaking in part).

    If you try to call the police or force me out, I will call my friends who will picket your house carrying signs that proclaim my
    RIGHT to be there.
    It's only fair, after all, because you have a nicer house than I do, and I'm just trying to better myself. I'm a hard-working and honest, person, except for well, you know, I did break into your house and what a deal it is for me!!!

    I live in your house, contributing only a fraction of the cost of my keep, and
    there is nothing you can do about it without being accused of cold,uncaring, selfish, prejudiced, and bigoted behavior.

    Oh yeah, I DEMAND that you learn MY LANGUAGE so you can communicate with me.

  17. David Says:

    I used to support the ACLU and can honestly state (not proudly) that I was once a member of this organization. However, the ACLU's apparent inability to understand the difference between illegal and illegal immigrants is insulting to the many millions of individuals who have undergone severe hardships to come to this country legally. What happended to the ACLU is unclear to me, but I think that this article is an excellent example of their almost Stalinesque propaganda on this topic.

    Let see;
    "When a city tries to deny housing to immigrants"

    -strange I thought only illegal aliens were targeted. Couldn't be that the ACLU is trying to group a very successful and law abiding group of persons who are quite welcome in the US (legal immigrants) with another group who have had markedly less success (illegal aliens) to garnish sympathy?

    "it does nothing to help the immigration issues facing our country, but instead helps to feed the fire of anti-immigrant sentiment and perpetuate the misconceptions that immigration is a threat against public safety or our economy".

    -Yes, misconceptions. Illegal aliens clearly don't disproportionately commit identity fraud, import illegals drugs or participate in criminal gang activity. Chinese graduate students actually started MS13 at the direction of catholic nuns in Dubuque. There is also no evidence those who enter or remain in this country illegally pose any threat to US citizens or legal residents, especially those of us who work in tall buildings. We concerned citizens and legal immigrants are just a bunch of hate-filled bastards.

    "Instead of punishing landlords and creating a patchwork of inconsistent and discriminatory laws, our cities should address immigration concerns by supporting rational solutions which do not violate American laws and values of fairness, equality, and due process."

    -Great idea, rational solutions. Let's set up a simple and fair national immigration policy that is fast and effective (maybe a verifiable ID card would help), which favors immigrants from no specific country (promotes equality and doesn't play to ethnic interests of any group), and which processes persons who have followed the law first (due process, which respects Americas law and values).

    I am sure the ACLU's immigration proposal would address all of these issues, but I won't hold my breath.

  18. bVisual Says:

    "When a city tries to deny housing to immigrants, it does nothing to help the immigration issues facing our country, but instead helps to feed the fire of anti-immigrant sentiment and perpetuate the misconceptions that immigration is a threat against public safety or our economy."

    How can people be so ignorant and just plain mean?

    "When you can't be there, bVisual"

  19. lassie Says:

    UNAMERICAN CIVIL LIBERTIES UNION. YOU WILL NEVER RECIEVE MONEY AGAIN FROM MY FAMILY . SHAME ON YOU . ILLEGALS ARE KILLING, RAPEING AND HARMING AMERICANS EVERYDAY, ALSO THEY STEAL SOCIAL SECURITY NUMBERS FROM AMERICANS.PATHETIC.AMERICANS ARE WAKING UP.

  20. andrew Says:

    The ACLU is just ridicules! Remember this is AMERICA and that the ACLU represents everything that is anti-America. I can’t believe there are AMERCIAN citizens that support all of the ACLU's crap. I also find it funny that the ACLU finds ways to justify illegal immigration. The ACLU is just too much...

  21. Anonymous Says:

    The ACLU is just ridicules! Remember this is AMERICA and that the ACLU represents everything that is anti-America. I can’t believe there are AMERCIAN citizens that support all of the ACLU's crap. I also find it funny that the ACLU finds ways to justify illegal immigration. The ACLU is just too much...

  22. ann Says:

    this is too all the people against illegals first of all god made us all equal second they came here for a better life and unless a law changes they are going to remain illegal and third alot of us citizens are married to illegals and they should have a right to be with ther families here especially the sick children with cystic fibrosis or muscular dystrophy there are children out here that need both parents and they shouldnt have to suffer its not fair to them

  23. Anonymous Says:

    Ann,

    If a citizen is married to a non-citizen, then the non-citizen can apply for permanent residency, and the process is relatively quick.

    If the children have medical issues, they are more likely to have better and cheaper health care in the "illegal's" home country.

    If it is really so crucial for the "illegal" to be here, then they can apply to emigrate legally like all of the other legal immigrants.

  24. Phil Says:

    There are about 6.5 billion people in the world.
    About 2 billion live on a dollar a day.
    About 2 billion more live on 2 dollars a day.
    About 800 million don't have enough to eat.
    10 million starve to death every year.
    Poor countries add 86 million more poor
    people to the planet every year.
    Don't all these "Gods Children" deserve a better life in the U.S.
    If God has unlimited powers and knows
    everthing why doesn't he take better care of these people.

  25. fred Says:

    the term "illegal" says it all...
    they are law breakers and have no rights...

  26. Anonymous Says:

    The majority of illegals come from Mexico. In Mexico, it is illegal for a non-citizen to own any real estate. Hmm, I think the Farmer's Branch ordinance is pretty mild by comparison.

  27. joe s. Says:

    No state,county or city should have to make a new ordinance to prohibit illegal immigrants from doing anything including
    renting an apartment,getting a job,obtaining a drivers licence ect. ect.. They are illegal and are not to be in the U.S for any reason and because they have so abused the freedom of the U.S.,tourists should have to have special permission just to visit. I am totally appalled and employers should be ashamed of themselves for ubusing our country and its citizens for knowingly hiring illegals for their own financial gain. By suppressing the wages of legal citizens, putting burdens of the health industy, burdens on the education system and many others for the past 30 years its about time the U.S. gets serious about this disasterous problem. Citizens of the U.S.do not need another ordinance or law. All policing agencies need to do there job. This needs to be a priority.
    Its very hard to comprehend the impact on legal citizens this problem has caused unless you are at the entry level job position. Lower and middle income citizens are greatly affected. I am very disappointed that this issue has taken so long to be addressed. Every good U.S. citizen needs to step up and take pride in our country and be responsible for the well being of their country. With the laws we have in place now. This is not rocket science. We all need to do the "right thing."

  28. Victoria Says:

    Most of our genealogy shows that we citizens came from immigrants, LEGAL immigrants who had to pass a certain criteria physically healthwise, employmentwise etc to be allowed to come here and more to be allowed to stay here. Anonymous_May 30, 2008 stated: "Immigrants are in this country because they have a need that we can provide and because we have a need that they can provide" you are wrong my friend, if companies didn't make the offer, illegals would have no reason make the attempt to come here, there are plenty here who work legally just not for $2 an hour or whatever rates illegals are offered, it's all about the money, follow the money trail.
    Look at it this way too, to agree to their being here you are aiding in their exploitation by the companies who employ them. Anonymous_May 20 2008, would you work for about half or less of what you currently earn and do the same work? How about when the person beside you doing the same work makes twice what you make?
    When someone helps another break the law they are aiding and abetting and just as guilty as the lawbreaker, so why aren't certain attorneys in jail right now? Why are there labour unions that are allowed to represent ILLEGAL aliens? How did they come to belong to a labour union to start with if they're not suppose to be hired because they are ILLEGAL? Why is a union allowed to take money from ILLEGALS and have them be members of a labour union when it's ILLEGAL for the company to have them in their employ and companies faces huge fines etc because of this? The illegals had to have some sort of falsification of documents to be able to get on a payroll and to collect benefits after never paying into Social Security. Sounds ILLEGAL to me.

  29. Victoria Says:

    Tracy you extremely underestimate the intelligence of US citizens when you accuse people who uphold a law of doing so because of some masked racism is asinine at best as is your justification of breaking immigration laws because 'US citizens violate all sorts of laws all the time'. If a law is broken what's the difference in which one it is Tracy? Oh by the way, the word 'illegal' implies no race it only implies illegality no matter what race. The citizens of this country know only too well the entity to blame for it's ongoing problems, the economy has always been a house-of-cards Tracy because the currency is fiat money. I hope you will research what posters on this forum say and find out more about the history of the government of this country. Till then, I think you should post more on your myspace account than here. And I can't help wondering how long have you been in the United States?

  30. Walter Says:

    "unconstitutional anti-immigrant ordinances"?? What are you talking about. Illegal aliens are not citizens of this country and have no rights whatsoever. The fact that the ACLU would think that non-citizens are protected by the constitution really shows how far out there the ACLU has gone. It's unbelievable to me. In my city the ACLU has gotten banned our county symbol costing us hundreds of thousands of dallars and robbing us of our culture. This is because in the corner of that symbol there is a tiny picture of the mission that founded this city and on the tiny church there is a tiny cross. This was the local government forcing people to be Christian the ACLU says. So we cannot teach our kids the history of this land apparently according to the ACLU. On the other side of the symbol there was an Indian goddess of the local tribe before spanish missionaries converted them. The ACLU did not mind this display of religion, just the Christian one. Then I hear the ACLU is fighting against our constitutional right to bear arms. Thats when I realized the ACLU is the enemy of our people and our freedom. Now this, fighting for illegal invaders often members of a gang known as ms-13 who have murdered people I know in cold blood. The ACLU is protecting these scum. This takes all.

  31. Lita Says:

    Most of the above comments prove that if the Constitution and the Bill of Rights were presented to the public today for approval, we'd have no Constitution or Bill of Rights. Thank heavens for our forebears!

  32. SDF Says:

    We're sick of all the illegals in Dallas/Ft Worth, Tx area. Illegal is illegal no matter how the ACLU or any other group twists it. They need to be deported along with the illegals and their anchor babies. Start revoking citizen to those who don't deserve it. If your parents smuggled you in, you didn't get here legally any more than they did. Get out and take your crime, drugs & hate with you.

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