In Farmers Branch Immigration Fight, Competing Readings of Supreme Court's Arizona Ruling

Categories: Immigration

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Opposing counsel in a six-year legal battle over a proposed Farmers Branch immigration ordinance are trading letters to the judge, arguing, naturally, that the U.S. Supreme Court's ruling on Arizona's immigration law supports their side.

Last month, the high court struck down the most controversial provisions of Arizona's law save one, which it left standing only conditionally. The remaining piece was one of the most controversial components of the law, allowing police to verify the immigration status of anyone they suspect is undocumented. The justices left the feds an opening for future lawsuits, saying the provision would remain constitutional only as long as suspected undocumented immigrants guilty of jaywalking, for example, aren't held by police performing an immigration check for longer than they otherwise would be.

Farmers Branch's ordinance, on the other hand, would require every tenant in a rental apartment or home to register with the town building inspector responsible for verifying their lawful immigration status. The ordinance's supporters and Farmers Branch's attorney, Kansas Secretary of State Kris Kobach, say the ordinance upholds federal immigration law. Apartment complex owners and documented and undocumented residents, represented by the ACLU and Dallas-based Bickel & Brewer Storefront, say Farmers Branch is stepping all over the feds' toes. A three-judge panel of the 5th U.S. Circuit Court of Appeals agreed and rejected the ordinance as an unconstitutional attempt to exclude undocumented immigrants, specifically Latinos, from Farmers Branch.

In a letter to the court last month, the ACLU said the Farmers Branch ordinance was akin to the invalidated provision of Arizona's law that required that undocumented immigrants register with the state. They claim it runs "contrary to the requirement of a national voice on immigration policy," as articulated by the Supreme Court.

Days later, Kobach responded, arguing that the high court upheld the part of the Arizona law that was most similar to the Farmers Branch law. Local authorities, he writes, have every right to communicate with the federal government. Kobach balked at the idea that Farmers Branch's registration requirement was trumped by federal law. Citizens, he reasoned, must register along with non-citizens.

On Friday, Bickel & Brewer Storefront responded with its own letter, dismissing Kobach's distinction. There's a big difference, William Brewer wrote, between asking the Feds for information and using that information to deny an alleged undocumented immigrant housing.

Farmers Branch is seeking a rehearing from the full panel of the 5th Circuit. Attorneys arguing against the ordinance say it should be denied.

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Inter-racial marriages were also illegal at one point. 


SCOTUS only ruled on four provisions.  The other 10 were reasonable, and so unchallenged. Of those four, three were struck down, and the fourth was remanded to lower court, so its fate is still up in the air.


 Actually, he's making a good point about how prosecutorial discretion is being used as the political charade for administrative lawmaking. He's arguing that mayors and their district attorneys should have the discretion to decide categorically in advance that, in addition to the terrible media reactions to even the possibility of Miss July getting raped, they will certainly have foreseeable difficulties (finding a parking space, deciding on lunch, remembering briefs, both legal and cotton) getting rape convictions if either the victim's age or BMI is 27 or greater, allowing them now to fully concentrate their limited political, legal, and moral capital on assuring Miss July that she will be protected to the fullest extent of the law. See, it's almost really like the old prosecutorial discretion, except sort of different and, most importantly, updated for the 21st Century election season we live in today.

Dave Francis
Dave Francis

DON’T DISMISS THE TEA PARTY ON ILLEGAL IMMIGRATION The deaths caused illegal alien drivers, inebriated or not has caused the town of Milford, Massachusetts and two other towns to sign up for the ICE Mutual Agreement between Government and Employers (IMAGE) program. Employers that sign up for IMAGE agree to: apply E-Verify for new hires; undertake an I-9 form audit to expose illegal aliens currently in the workforce; plus hold training sessions for human resource employees on how to avoid hiring illegal aliens (e.g., on spotting document fraud). Since IMAGE helps extract currently employed illegal aliens, it is considered the best overhaul innovation for maintaining a legal workforce. After illegal-alien drunk drivers slaughtered two citizens a few years ago, Milford officials begin to scrutinize options for reducing illegal immigration. A third death last year forced the town, and local state legislators, into action.   The state legislators from the area led the charge on enforcement legislation that became law in Massachusetts this week. Each few months counties and cities are learning about the significance of E-Verify and what it would do for the overall populations of their communities. However, salvos of rhetoric and lies have been spread about E-Verify, the Legal Workforce Act (H.R. 2885). But even so E-Verify is spreading --so fast and hundreds of thousands of business entities are now signed up.  Of course either sides one way or another are courting the illegal alien invasion, whereas the Republicans to a lesser extent.    THE FED’S REFUSE TO ENFORCE IMMIGRATION LAWS; OTHERWISE ILLEGAL ENTRY WOULD BE A FELONY? YOU CAN ALWAYS LEARN MORE AT ‘NumbersUSA’.   What American citizens must be aware of is the Democratic indifference to non citizens voting in our elections. The Liberal airwaves, including TV and radio broadcast, then especially the media deny this, but the avid reader can observe this for themselves. Just type into any search engine ‘Voter Fraud’ and the truth will be hard to conceal, certainly when Obama before being president, was employed by the notorious ACORN canvassing organization. What went on in its ranks was a serious violation of election laws.   With both the majority of the Democratic and Republican base failing to enact a mandatory E-Verify law, it’s easy to read between the lines why? Both political parties have been heavily corrupted by either corporate influence or for the Democrats a whole host of adversaries, as large radical minority groups, unions and even the church high echelons.  Meanwhile low income Americans are suffering, not excluding teenagers who once looked forward for a part time job as it was in the not so distant past.   Today we have the Constitutional TEA PARTY, the ‘People’s Party’ who are not just represented by white people as the open border progressives would like you to think. The TEA PARTY is a mix of ordinary decent citizens and green card holders of different skin colors, but with one endearing agenda to rid us of illegal invaders; ObamaCare and everything that qualifies to raise taxes. If you don’t already know anything about Obama’s health care law, the hiring has begun for recruitment.  ObamaCare means to recruit least 400.000 enforcement federal officers, which just adds up to the greatest expansion of Washington, that America has ever seen under this Democratic Party.    Doesn’t matter who is in control of America; either for Obama for another term or his antagonist Mitt Romney? Both must be held accountable by the TEA PARTY.   Although Obama started his president well in flushing out illegal aliens, the enforcement has slowed to a crawl. Not just to gain points in the ethnic groups by bypassing Congress, undermining the ‘Rule of Law’ but by enacting a loosely effective Dream Act, so that the illegal alien parents should be held accountable for their violating immigration laws, but now the administration is placing a strain on certain sectors of the border, by closing down entry ports. It’s all to do with votes and where the Democrats they are unconcerned who votes, shown by the attitude of the U.S. Attorney General Eric Holder.  He is expanding his power by not only enforcing states who are enraged they have to support their population of illegal aliens, but this nasty little man is determined to let non citizens vote. He has attacked the sacred sovereignty of not only Arizona, but Alabama, Georgia and a bunch of others, who cannot sustain the huge financial burden of education, schooling, low income housing, benefits for low income Mothers, cash payments, children’s breakfast and lunch at school, interpreters for bilingual education and a great deal more welfare programs, that foreigners have been allowed to consume;  which citizens cannot even touch.   While you’re working to pay your annual taxes to cover the cost of Obamacare, the IRS will be extorting even more money from you to pay for the free health care of illegal aliens, plus unknown numbers of ‘freeloaders’  and we know there are plenty of them. If Obama gets his way, a person will not even to have some reasonable excuse to gain acceptance for food stamps? Eventually we will turn into another country like Greece and the flow of the money from the government coffers, taxpayers will not be able to contribute enough funds to a least balance our debts.   Other than the exception of highly paid immigrants holding PhDs ‘s in science, technology, engineering and mathematics (STEM), who should be given expedited preference visas, all others should be deported. America has become a magnet from over 20 million plus foreign nationals, who have ignored our laws and through corporate favors both parties are handing out a million new visas annually than low skilled recipients.  Then illegal females have hooked up to a free pass, by smuggling unborn children into this sovereign country. The 14th Amendment has mutated, that originally was for the emancipation of slaves and now used to allow pregnant females to gain a ‘foothold’ into the U.S. This is the inception of the Dream Act of illegal parents bringing unborn babies into America. Once here the female can then receive free health care, education for the child that is costing taxpayers a hundred billion dollars a year. The Birthright Citizenship bill (H.R. 140) sitting in Congress, should be passed—instead its gathering dust in some legislators filing cabinet.     Time to wake up the politicians in Washington and inform them all, they are swaying on a tightrope. That tightrope is the TEA PARTY and they are quietly infiltrating both political parties. YOU THE VOTER CAN ALSO CONTRIBUTE BY INVESTIGATING YOUR LOCAL POLITICIAN AND THEN VOTING THEM OUT ACCORDING TO HIS UN-AMERICAN PLANS. THE TEA PARTY LEADERSHIP HAS GAINED ACCEPTANCE BY MILLIONS OF VOTING AMERICANS AND IS RELEASING THEIR FURY ON THE DEMOCRATS AND REPUBLICANS. BOTH PARTIES ARE CORRUPT AS THEY COME, WITH JUST A FEW REPRESENTATIVES WHO STAND FOR THE PEOPLE.   MANY Governors, Mayors, Police Chiefs and wide web of ‘oath of allegiance’ impersonators, who have signed such ordinances as Sanctuary Cities, allowing the illegal alien criminals to run rampant, because the police are not allowed to question the immigration status.  There was ugly death of 3 family members at the bloody hands of a gang member in San Francisco, because of the dire incompetence of the prior Governor and his retinue. Nobody should think the deaths of innocent victims are isolated and very few, as throughout America death drives the highways; illegal alien drivers with no license, no insurance and hardly able to recognize the highway codes.  Illegal aliens have been able to turn amok, because the government is badly flawed and remained unconcerned of the disastrous invasion.   There should be no acceptance of the illegal immigration invaders and the TEA PARTY agenda will have as many leaders they can fit into the seats in the Senate and House of Representatives, to do the bidding of the American People. If you want to see change—REAL CHANGE—in Washington, locate your local chapter of the TEA PARTY. It’s the time to look after our own future, our own people; not other countries problems?   URGENT NOTICE: Investigation of President Obama’s background history is due to be released by Maricopa County Sheriff Joe Arpaio on July 17, 2012 and could stun everybody. The upcoming press conference is set to be held at 2:30 p.m. local time at the Maricopa County Sheriff’s Office in Phoenix, Arizona, with World Net Daily again providing live streaming video coverage.


So what? Opinions, like laws, only matter if executives take action to faithfully execute them. If and when they don't, they are only opinions - and, like assholes, everybody has one - in the same sense that what you do has no more substance than making "stories". Once laws no longer seem to carry any weight, once they are widely seen to be no more than cynical political choices, only fools and the timid will still obey them. That doesn't mean they'll seize up and not do anything, it just means they, like Obama, will decide they, too, shouldn't be shackled by silly laws, or, much less, "opinions".

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