Law Axed For Creating “Restriction On Alien Residence”
MARCH 25, 2010
It marks the third time that the
In each legal defeat, federal courts have determined that the city cannot enforce immigration laws because only the federal government has the authority to do it. City leaders in Farmers Branch therefore violated the supremacy clause of the U.S. Constitution because they didn’t defer to the federal government on this particular immigration matter, according to a previous ruling.
The judge (George W. Bush-appointed Jane Boyle) who issued this week’s ruling took it a step further by saying that the Farmers Branch law creates an “additional restriction on alien residence in the city” by applying federal immigration classifications for purposes not authorized or contemplated by federal law. The judge also wrote that the measure “directly and substantially” regulates the residence of immigrants in Farmers Branch, which interferes with the uniform enforcement of federal immigration laws.
Like Farmers Branch, many other cities across the nation have spent hundreds of thousands of dollars to defend legal challenges to laws aimed at curbing illegal immigration. Some of the nation’s smaller municipalities have been forced to abandon their measures in order to avoid costly litigation.
The first was a southern
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