Judicial Watch • 5th Circuit: Immigration Law Complicates Relations With Mexico

5th Circuit: Immigration Law Complicates Relations With Mexico

5th Circuit: Immigration Law Complicates Relations With Mexico

MARCH 26, 2012

Check out what a federal appellate court just determined when striking down a Texas town’s law banning illegal aliens from renting housing; the “unconstitutional” measure has no other purpose than the exclusion of illegal aliens, which complicates immigration issues and relations with other countries, particularly Mexico.

It may seem unbelievable, but read the ruling for yourself. It was issued recently by the United States Court of Appeals for the Fifth Circuit against the Dallas suburb of Farmers Ranch. A three-judge panel from the New Orleans-based court further clarified that the “sole purpose” of an ordinance banning illegal immigrants from renting housing is to “exclude undocumented aliens, specifically Latinos.”

The court also injected a lecture on the positive contributions of Latino’s in the United States. “This country has a large Latino population and millions of Latinos live here without legal permission,” according to the ruling. “However, the great majority live quietly, raise families, obey the law daily, and do work for our country. For all that they contribute to our welfare, they live in constant dread of being apprehended as [undocumented immigrants] and being evicted, perhaps having their families disrupted. As unsatisfactory as this situation is it is the immigration scheme we have today…” 

The ruling marks the latest of many defeats for local measures seeking to curb an illegal immigration crisis that’s draining municipalities across the nation as the feds sit idly by. In this case Farmers Branch has spent about $5 million to defend a law—passed by elected officials and endorsed by voters—requiring renters to obtain a city license after proving legal status in the U.S.

Leftist civil rights and open borders groups challenged the measure in court and in 2008 a Clinton-appointed judge (Sam A. Lindsay) ruled that the ban on rentals to illegal immigrants is unconstitutional because only the federal government can regulate immigration. That, in turn, allows the federal government to pre-empt local laws, according to the judge.

Farmers Branch appealed and last week the Fifth Circuit upheld Lindsay’s decision though the three-judge panel took it a step further by also saying the ordinance, not only presents an obstacle to federal authority on immigration but also the “conduct of foreign affairs.” By forcing noncitizens to relocate, the town’s law regulates immigration across and outside of its borders, the court wrote.

The law also imposes additional ordinances on aliens not contemplated by Congress, the judges said. “For example, the ordinance requires illegal aliens to declare themselves to the city building inspector, denies them the ability to enter into private contracts for shelter, and subjects them to criminal sanctions, all in an effort to exclude them from the city. “ Farmers Branch officials are contemplating appealing to the U.S. Supreme court.

Sign Up for Updates!

Read more about

© 2010-2015 Judicial Watch, Inc. All Rights Reserved.

  • q123vg7y

    Show me your yellow star you dirty F####ing Jew!!!!!!!!!!!!!!!! Its 1943 all over agian and again and again and again and so on. We build everything in that nation, cant we get some human rights, please. In the end your gay for being mean to another person.

  • Horace Spinkelmeister

    The only civil rights being squashed are those of the ACTUAL AMERICAN PEOPLE…

    We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to OURSELVES and OUR Posterity, do ordain and establish this Constitution for the United States of America.

    Section 4
    The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

    [Article XI]
    The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

    The power of Congress “to exclude aliens from the United States and to prescribe the terms and conditions on which
    they come in” is absolute, being an attribute of the United States As a sovereign nation, through the action of the legislative department, can exclude aliens from its territory is a proposition which we do not think open to controversy. Jurisdiction over its own territory to that extent is an incident of every independent nation. It is a part of its independence. If it could not exclude aliens, it would be to that extent subject to the control of another power. *** The united States, in their relation to foreign countries and their subjects or citizens are one nation, invested with powers which belong to independent nations, the exercise of which can be invoked for the maintenance of its absolute independence and security throughout its entire territory. — SCOTUS 1889
    “If Congress can forbid the entry ***, it can punish those who cooperate in their fraudulent entry.” — SCOTUS 1909

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

  • evy2

    Harboring illegal aliens is a federal crime, so knowingly renting to illegal aliens is a crime. Illegals working in this country is a federal crime.
    So the criminals are running the country. Obama is the worst, but Bush was bad, too. Some people who work in the Senate buildings in DC told me that illegal aliens work right in those biuildings. When do we rush DC with torches and pitchforks?

  • KmaMedPR

    Now we have judges, police chiefs, lawyers, and other elected/appointed officials who we most entrust to uphold and enforce our laws being the very same who most violate our laws.

    Rather than appeal the ruling why not petition to have the judges removed?

  • kylefclark

    So the question remains, who placed these leftist, incompetent imbeciles, that can’t interpret the law in this position to begin with?

Sign Up for Updates!