Federal judge halts rental ban in Farmers Branch

Farmers Branch suffered another setback Friday when a federal judge ordered a temporary halt to the city’s latest ordinance banning illegal immigrants from renting apartments in the city.

The new ordinance, set to go into effect Saturday, comes on the heels of a similar ordinance that was declared unconstitutional by a federal judge this summer.

U.S. District Judge Jane Boyle ruled Friday that those who sued the city are likely to prevail at trial with their argument that the city is overstepping its bounds by enforcing areas of immigration law that are reserved only for the federal government.

Boyle said this can create a "slippery slope," with cities and states deporting illegal immigrants from their borders.

"The federal government’s authority over immigration would effectively be eviscerated," Boyle said from the bench.

Farmers Branch Mayor Tim O’Hare listened to more than two hours of oral arguments and said he was not surprised by the ruling.

"I think the judge is wrong," he said. "I think the will of the people of Farmers Branch is not being carried out, and I think ultimately this matter will be resolved in the U.S. Supreme Court."

Opponents of Farmers Branch’s latest effort had asked the judge for a temporary restraining order to keep the city from requiring prospective apartment and house renters to obtain a city license. Under the ordinance, the city would forward information from the license application to the federal government so it can verify immigration status.

The request to stop the ordinance continues a nearly two-year battle in Farmers Branch, where officials have created a handful of measures attempting to keep illegal immigrants from living there. The proposed laws have been met by lawsuits and protests.

Under the latest ordinance, those who can’t prove they live legally in the U.S. could not qualify for tenants’ licenses, and the city would penalize landlords who rent to people without a valid license.

A group of landlords and a former City Council member sued over the ordinance this month, contending that the city is trying to regulate immigration even though it’s the domain of the federal government. They also say the ordinance doesn’t include clear procedures and safeguards while placing liability on landlords.

The plaintiffs say that the city is violating federal housing laws and that the ordinance is part of an attempt to push out Hispanics.

"In addition to the fact that it attempts to impose a 'license’ requirement on the exercise of the fundamental human right to live in a dwelling place, Ordinance 2952 is unconstitutional and violative of federal and state law in numerous other critical respects," the petition for the restraining stated.

City officials planned to seek an agreement with the federal government for access to the Systematic Alien Verification for Entitlements database and were working on an online method to apply for a license, the city’s attorney has said.

Officials with U.S. Citizenship and Immigration Services have said the city must apply for an agreement to access the database. Federal officials would then consider whether it’s lawful and appropriate for the city to access the database, which is used to determine whether immigration status entitles a person to a state or federal benefit.

Some 100 U.S. cities or counties have considered, passed or rejected similar laws, according to the Puerto Rican Legal Defense and Education Fund.

BY PATRICK MCGEE
pmcgee@star-telegram.com
http://www.star-telegram.com/state_news/story/905397.html

Illegal Immigrant Get Green Card

Clearly, in order to qualify for a green card when purchasing a foreclosed home, those with serious criminal records should be disqualified. Also, significant down payments should be required. The security checks would take place at port of entries such as international airports, land borders, seaports, and would be an expansion of the US-Visit Program. Under the US-Visit Program most foreign visitors must have biographic and biometric information recorded when entering the United States or when obtaining visas at posts abroad. Although the bill failed in Congress, McCain vowed to continue the fight, although he did change his top immigration issue to border security.

According to one account, this sleight of hand - seemingly toughening the provision while actually gutting it - was pushed through by then-Senator Spencer Abraham, chairman of the immigration subcommittee, and an avid open-borders advocate. They either crossed the border illegally (35%) or violated the terms of their visas by overstaying a tourist visa or by working when they were not authorized (18%). In the United States, about four in 10 (42%) first lived in the country illegally. The U.S Border Patrol believes that nearly two thousand people died trying to cross the border between 1998 and 2004.

By paying extra they may be able to get through the border checkpoint effortlessly. However, numerous checkpoints set up along American highways remain along the way. The reality is that military recruitment is down significantly and there are reports that the Pentagon is wanting to impose a “limited military draft” in order to maintain -its present force levels in Iraq and Afghanistan. If the bill were to become law, the provision is expected to improve military recruitment numbers by allowing undocumented immigrants to enlist as a means to obtain citizenship. Citizenship and Immigration Services (USCIS) adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives must be excluded from the annual diversity lottery. Because there is a separate determination made before each annual DV entry period, the list of countries whose natives do not qualify may change from one year to the next.

Fees for a passport, a nonimmigrant visa, and a border crossing card total about $300. No credit card or email address is required for mail orders. But Republicans insisted that immigrants who have crossed the border illegally should not be rewarded for breaking American laws. Republicans lined up against the measure, complaining that Democrats had polarized the debate by describing a bill passed by the U.S.

We already knew we had broken borders. And when Congress chickened out on immigration reform and showed that it's not equipped to tackle anything more challenging than pork or pay raises, we knew we had a broken branch. An adoption by a court decree or comparable order by a competent authority does not automatically qualify a child for an immigrant visa for entry into the United States. In fact, green cards are given in order of priority starting with the spouses, children (unmarried and then married), parents and brothers and sisters. For example, according to the study, "a citizen may sponsor a spouse, a child or a parent without quota, but face annual limits for siblings (65,000 a year) and married adult children (23,400) and unmarried children (23,400).

Can My Employer Turn Me In?

The Fed's now have a web tool that can check the legal status of new hires at any business. U.S. Citizenship and Immigration Services tells they have made bigger their current web based system. This system allows an employer to check legal status of newly hired people. Already 23,000 employers have signed on to use the system with more coming on every day.

The system uses E-Verify, USCIS Director Emilio Gonzalez says. It allows employers to compare the Green Card photo or their Employment Authorization Document, against the photo's database.

And they're expanding. The E-Verify system by the U.S. Citizenship and Immigration Service will include comparison photos from other legal documents like drivers licenses and passports.

U.S. Chamber of Commerce says the system is inaccurate and rejects some that are legally authorized to work in the United States. We say no system is perfect and they shouldn't throw the baby out with the proverbial bathwater.