CA5: Farmers Branch Rental Ordinance Unconstitutional

"The Ordinance at issue in this case and passed by the active citizens of the City of Farmers Branch (“Farmers Branch”) seeks to regulate non-citizens who reside in the United States contrary to law. Farmers Branch, Tex., Ordinance 2952 (Jan. 22, 2008), permanently enjoined by Villas at Parkside Partners v. City of Farmers Branch, Tex., 701 F. Supp. 2d 835, 881 (N.D. Tex. 2010). Farmers Branch classifies these non-citizens as persons “not lawfully present in the United States.” Id. at §§ 1(D)(2); 3(D)(2). Responding to an “aroused popular consciousness,” Baker v. Carr, 369 U.S. 186, 270 (1962) (Frankfurter, J., dissenting), and frustration at the perceived lack of federal enforcement of immigration law, Farmers Branch sought to “prevent” such persons from renting housing in the city. The district court concluded, inter alia, that the Ordinance was conflict preempted under federal law. Villas at Parkside Partners, 701 F. Supp. 2d at 881. Because we hold that the Ordinance’s criminal offense and penalty provisions and its state judicial review process conflict with federal law, we AFFIRM the judgment of the district court." - Villas at Parkside Partners v. City of Farmers Branch, Texas, July 22, 2013.