Judge strikes down Farmers Branch rental ordinance

DALLAS — A Farmers Branch ordinance banning illegal immigrants from renting apartments is unconstitutional, a federal judge ruled Wednesday.
The Dallas suburb has tried for years to enforce a ban on landlords renting to illegal immigrants and a similar ordinance had been struck down before.
U.S. District Judge Jane J. Boyle of Dallas ruled the ordinance was an attempt to enforce U.S. immigration laws, which she said was something only the federal government can do.
"Ordinance 2952 is a regulation of immigration and is pre-empted by the Supremacy Clause of the United States Constitution because the authority to regulate immigration is exclusively a federal power," Boyle wrote.
She issued a permanent injunction that the city be prohibited from enforcing the ordinance.
Mayor Tim O'Hare, a supporter of the ordinance, told The Dallas Morning News he is in favor of appealing the ruling, but said the City Council must vote on that. He did not immediately return a call from The Associated Press Wednesday afternoon.
"The American people are tired of judges legislating from the bench," he told the newspaper.
Farmers Branch spokesman Barry Pound told the AP the City Council will "consult with the legal team and determine the basis for any appeal."
The lawsuit was filed on behalf of apartment owners and tenants.

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[Posted by Aaron Mendez]