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Tuesday, May 15, 2007

Restraining order filed in Farmers Branch to keep controversial ordinance from being implemented

— The Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union of Texas have both filed for a restraining order to keep the Farmers Branch law that would keep property owners from renting to illegal immigrants from being implemented. The law is currently set to go in effect on May 22nd.

Posted by Alan



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Mike Orren, says:

Full release:

ACLU, MALDEF FILE REQUEST FOR TEMPORARY RESTRAINING ORDER IN IMMIGRATION ORDINANCE CHALLENGE

Ordinance will go into effect May 22, 2007

FARMERS BRANCH, TX - The Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union Foundation of Texas (ACLU) filed a request for a temporary restraining order today to block implementation of an anti-immigrant ordinance which was initially adopted by the Farmers Branch City Council November 13, 2006 and recently approved by Farmers Branch residents through a public vote on Saturday, May 12, 2007. The ordinance is scheduled to go into effect on May 22, 2007.

"The Ordinance is ill-conceived. Beyond violating the rights of both landlords and tenants, the Ordinance will hurt all of Farmers Branch by creating racial division and damaging the City's reputation," said Nina Perales, Southwest Regional Counsel for MALDEF.

"It is unfortunate that the residents of Farmers Branch have chosen to implement a law which is not only bad policy, but is likely also unconstitutional," added Lisa Graybill, Legal Director for the ACLU of Texas. "Now the issue will have to be resolved in federal court."

Attorneys for the ACLU and MALDEF will continue with the suit filed on December 26, 2006 in federal district court on behalf of residents and landlords who will be adversely affected by the ordinance. The lawsuit maintains that the ordinance is in direct violation of federal immigration law and illegally puts landlords in the untenable situation of serving as federal law enforcement agents. The complaint also alleges that the ordinance violates the fundamental rights of both landlords and tenants.

Staff

2 years, 6 months ago
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Sanders Kaufman, says:

Bravo to the LULAC types!

The law is illegal - and they're right to fight it in court. The best part is that, while the bigots defend their pretend laws, they will be spending an awful lot of money on lawyers.

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2 years, 6 months ago
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Dylan Cave, says:

Let me start by qualifying myself. I am white. My wife is Hispanic, and has dual citizenship.

Our system is rule by majority. It's not about what is fair or right. For example, if it were up to me, I would not pay income tax because I feel that it's wrong to pay tax when you earn it + spend it + on property you spent it on. Obviously, the majority doesn't agree with me (maybe they do, but once you let the government get a grip around your neck, good luck getting it to let go.)

I believe that the drug war is misguided and wrong, and that the policies are motivated by whites based on their racial and social prejudices. It is clear for anyone who opens their eyes that it isn't working, yet it does not change.

I support the law in Farmers Branch.

First and foremost, only citizens of this country are guaranteed any rights as laid out in our constitution.

If you are here illegally, you are a criminal. If you are here without a valid visa, you are a criminal. It's not fair, you might think it isn't right, but hey, that is how law works. So stop whining about it.

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2 years, 6 months ago
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Alan Cohen, says:

I think basic human rights trumps all arguments in favor of this law.

Staff

2 years, 6 months ago
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Dylan Cave, says:

Our security as a nation depends on getting a firm grip on immigration. We can no longer afford the luxury of porous borders. If we continue to allow people of any ethnicity to skirt our laws, it will all end in tears.

The real injustice here is that we ever allowed it to happen in the first place. In addition, ask yourself if it is fair to make law abiding immigrants spend thousands, and wait for years to become naturalized citizens. Should we give them all refunds for their expenses, and reparations for the time they waited?

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2 years, 6 months ago
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Mike Orren, says:

Mayor Pro Tempore <a href="http://www.pegasusnews.com/people/tim-ohare/">Tim O'Hare</a> invokes Rosa Parks and Martin Luther King Jr. while arguing in favor of the ordinance:

http://blogs.dallasobserver.com/unfai...

Staff

2 years, 6 months ago
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Sanders Kaufman, says:

Dylan - you're wrong about us having a "rule by majority" system. We are in fact a Constitutional Republic.

So even if a majority of Farmer's Branch White Supremacists want to set aside Constitutional mandates in order to prosecute a War against Guest Workers - you have to bend to the will of those of us who wish to defend that constitution against all enemies...

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2 years, 6 months ago
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kirk, says:

Most, if not all, of us are descended from immigrants who arrived on these shores without valid visas and worked without "green cards." Every wave of immigration to this country has included people who would not meet today's immigration standards: poor, uneducated people who have lived by their wits, and decided to try their luck in this country after poverty or persecution or bad luck got the better of them at "home."

Even if your ancestry goes back 400 years to the founding of Jamestown, VA, your family came to North America under the sponsorship of English "coyotes" -- private investors set on bringing in "undocumented" workers to enrich the owners back home.

Consequently, instead of persecuting people with special-purpose municipal ordinances, we should show compassion toward all people who come here looking for a better life, freedom or a safer place to raise their families. Would any of our ancestors, freshly arrived here, have been able to pass the scrutiny of Farmers Branch's law? Probably not.

Personally, I am going to express my outrage at Farmers Branch by declining to do business with any organization in that city.

Anonymous

2 years, 6 months ago
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Sanders Kaufman, says:

I find it interesting how so many folks in the anti-immigrant crowd defend themselves by saying something about how "some of my best friends are... [insert minority here]".

Bigots have been using THAT one since way back when. There's a very insightful book that explores that mindset. It's called "Uncle Tom's Cabin".

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2 years, 6 months ago
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Sanders Kaufman, says:

I'm all for Kirk's Boycott Farmers Branch idea. I think I'll go along with that.

Whenever I drive down 635, I often stop at the Cracker Barrell, Mobil Station, a coffee shop, Best Buy, and other conveniently located shops. I probably drop $100-$500 per month in Farmer's branch.

That's over now.

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2 years, 6 months ago
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Dylan Cave, says:

Boycotting businesses in Farmers Branch will only hurt the owners of those businesses; who may or may not be involved in this debate. In most bedroom communities the majority of those who live there work in another city. If you are a friend of immigrants, why would you seek to hurt the businesses that employ them?

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2 years, 6 months ago
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Sanders Kaufman, says:

Of course it will hurt those business owners. It's the business owners who have the strongest voice in the community.

If they're not willing to use that strength to fight the bigots among them, they deserve the consequences that come with being a member of a community of bigots.

Putting up a Whites-Only sign is not a good way to draw business.

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2 years, 6 months ago
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Dylan Cave, says:

Mr. Kaufman

"Dallas activist Carlos Quintanilla said attorneys representing more than 40 business owners who also are part of the federal suit against the city will file a separate request for injunctive relief this afternoon."

Your boycott will not serve to help them fight this.

Please stop blanket labeling everyone "bigot" and "racist". You have no way of knowing that to be true, and it's offensive to those who are neither of those things.

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2 years, 6 months ago
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Scott, says:

What we need is a tall fence around Farmers Branch. It would keep undocumented workers out and the white separatists in. Seems like it would work out to everyone's satisfaction.

Anonymous

2 years, 6 months ago
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twisteddog, says:

The ordinance may work just like a fence. Workers who can't live in the city where they're employed might choose to change jobs rather than commute.

Anonymous

2 years, 6 months ago
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okme2, says:

The LEGAL voters in Farmers Branch have spoken - case closed!

Anonymous

2 years, 6 months ago
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kirk, says:

Mr. Cave:

I hope those business owners obtain the injunctive relief they are seeking. I hope a federal injunction puts an end to the lunacy behind the ordinance. In the meantime, as long as Farmers Branch has the ordinance on its books, I will exert my prerogative not to purchase anything from anyone in the town.

Does that hurt the people who live in those areas or work for those companies? I don't know, but I do know that I can sleep at night knowing that, in some small way, I've let my conscience be my guide that day.

When enough people stopped buying South African goods because of the policy of apartheid, South Africa changed the policy.

Anonymous

2 years, 6 months ago
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kirk, says:

okme2:

In 1933, the LEGAL voters in Germany gave the Nazis the majority of Parliament, which gave Hitler the chancellorship. The case wasn't closed for another 12 years.

Anonymous

2 years, 6 months ago
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J_Mortimer, says:

"Boycotting businesses in Farmers Branch will only hurt the owners of those businesses"

Actually not. It would deny them sales tax revenue. Further, I would suspect that the few who would boycott would do so on moral and not punitive grounds. That is, the point of not spending money there would be to avoid supporting a government they felt was doing something immoral rather than having the goal of hurting someone.

J

Anonymous

2 years, 6 months ago
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ladygold, says:

According to the 2000 Census, the population of Farmers Branch was 27,508. The number of votes for the ordinance was 4058. That means that only 14.8% of the population voted for it.

I think we have a bigger problem with apathy than with undocumented workers. And that is very sad.

~LB Farmers Branch Voter

Anonymous

2 years, 6 months ago
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Dylan Cave, says:

ladygold

You are definitely correct. I firmly believe that not voting is probably the most un-American thing a person can do.

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2 years, 6 months ago
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sgtmajorbrad, says:

Go ahead and boycott...I'll drive to Farmers Branch and spend my money there to support the citizens of that city and our country. You gutless wonders force a vote and then P&amp;M about the results. Kind of shallow don't you think? For the staff member citing human rights...there's no anchor tied to your butt; get on down to the country of your choice that's the origin for the illegal alien you're championing and do something about it. Tell how well you are doing and how well their government receives your efforts to correct their mistakes. Please also tell us how many amateur Proctologists you meet in jail.

Anonymous

2 years, 6 months ago
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Lemastre, says:

I'm not sure that the FB ordinance will be found unlawful. But illegal immigrants may not be costing this country money, as some of the ordinance's proponents like to assert. I believe the comptroller of Texas calculated that illegals provide a net profit for Texas. I'm not much good with financial statements, so my reading of the numbers may be wrong.

However it's done, the country needs to get better control of who enters. If we want immigrant labor, then we should provide a regulated way for it to get here. The way it's done now offends my sense of orderliness. Sort of as if I could sneak into Texas Instruments through a window and work in a lab, getting some money from the lab supervisor under the table every month or so, without ever being on the company roster.

Anonymous

2 years, 6 months ago
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Mike Orren, says:

Lemastre, the stat you're referencing is here, along with some other interesting ones about illegal immigrants:

http://www.pegasusnews.com/news/2007/...

If all undocumented Texas workers suddenly disappeared, the gross state product would drop by $17.7 billion in revenues

More here:

http://www.dallasnews.com/sharedconte...

$420 million net profit to state on illegals annually.

BUT that's not free money. On the local level, governments lose about the same amount of money on the deal because that's where the health care and law enforcement costs fall.

Staff

2 years, 6 months ago
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Sanders Kaufman, says:

This is where municipal and public accounting branch off from each other.

Municipalities aren't for-profit corporations. They aren't supposed to turn a paper profit.

So if it costs the government a half-billion taxpayer dollars in order to generate a half billion dollars of services that taxpayer want, it's a net gain and the government did what it was supposed to.

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2 years, 6 months ago
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interestedcitizen, says:

Basic human rights would allow people to emigrate from a country where they are persecuted for religious and ideological beliefs. Basic human rights do not allow people to migrate from a country of origin simply to pursue a richer lifestyle. In the United States, we have the fundamental right to travel from state to state and city to city to find our best employment opporunities, but we do not have a fundamental right to travel to Switzerland to work there. Switzerland imposes very high entry barriers that most of us cannot afford. None of us could say we were denied basic human rights upon being refused admittance to Switzerland without proof that we were financially self supporting. As for the pre-emption argument, it is full of holes. Local governments enforce many laws that are indirectly related to functions delegated to the U.S. Take counterfeiting for example. The power to coin money and to regulate the value thereof is delegated to Congress. Counterfeiting is the practice of illegally coining money. States have the right to punish people for counterfeiting money. We can talk about bankruptcy. While the Federal Courts are the only places where a person can seek bankruptcy relief, there are numerous state statutes that provide for dealing with insolvent estates and corporations and that deal with creditor's rights and remedies. The mere fact that the right to create a procedure by which a person is declared a legal immigrant is delegated to the United States, in no way preempts a state or a city from enacting an ordinance preventing people within its borders from entering into a contract with a person who has no right to live here.

Anonymous

2 years, 6 months ago
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Alan Cohen, says:

I think Larry James said it best:

<i>Those who are hiding behind the rhetoric of "a nation of laws," need to get honest about their real concerns.</i>

http://www.pegasusnews.com/news/2007/...

Staff

2 years, 6 months ago
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