The decision that it was unconstitutional was made by the 5th Circuit Court of appeals. That decision was appealed to the Supreme Court which - as in the Second Amendment cases - decided to not review the case, giving an implicit stamp of approval tot eh lower court ruling.
- Click here for the 5th Circuit Court's decision.
- Click here for ScotusBlog's page on the case.
Here's the question presented to the court:
- Click here for the 5th Circuit Court's decision.
- Click here for ScotusBlog's page on the case.
Here's the question presented to the court:
(1) Whether a local ordinance prohibiting the knowing harboring of illegal aliens in rental housing is a preempted "regulation of immigration"; (2) whether a local ordinance prohibiting the knowing harboring of illegal aliens in rental housing is impliedly field preempted; and (3) whether a local ordinance prohibiting the knowing harboring of illegal aliens in rental housing is impliedly conflict preempted.
NPR states that the "The 5th Circuit Court of Appeals in New Orleans ruled those laws unconstitutional because they stepped on the jurisdiction of the federal government." So city of Farmer's Branch intruded on the delegated powers of the national government. This was a federalism case.
From the Christian Science Monitor:
The US Supreme Court on Monday let stand two appeals court decisions blocking local ordinances that sought to bar landlords from renting housing to illegal immigrants and to prevent employers from hiring workers who lack proper immigration authorization.
In both cases, the lower courts ruled that the ordinances are preempted by federal immigration statutes and national policies set by the Obama administration.
The cases stem from local measures passed by the City of Hazelton, Pa., and the City of Farmers Branch, Texas.
Both appeals were being presented by Kris Kobach of Kansas City, the same lawyer who helped write Arizona’s controversial “show me your papers law” that was partly upheld and partly struck down by the high court in June 2012. Mr. Kobach is secretary of state of Kansas and also works as a lawyer with the conservative Immigration Law Reform Institute.
The action by the Supreme Court means that decisions by the Third US Circuit Court of Appeals in Philadelphia and the Fifth US Circuit Court of Appeals in New Orleans will remain in place. The high court announced its decision not to hear the cases in a one-line order, and offered no explanation.
From the Dallas News:
The U.S. Supreme Court issued an order this morning denying review of a lower court ruling against an immigration ordinance in Farmers Branch that sought to bar those in the U.S. unlawfully from rental housing.
The decision should bring an end to a seven-year-old legal battle over variations of an immigration ordinance in this suburb of 29,000.
“The U.S. Supreme Court has rejected the city’s final appeal,” said Nina Perales, vice-president of litigation at the Mexican-American Legal Defense and Education Fund, one of the firms suing the city.
“After more than 7 years of litigation, during which the city lost at every stage, it is time for Farmers Branch to let go of its immigration ordinance. Today’s ruling is a strong message that local immigration laws are unconstitutional and hurt cities because they waste precious resources and undermine community relationships.”
But Farmers Branch Mayor Bill Glancy said he wasn’t sure the fight was over. He said he needed to discuss the Supreme Court decision with the rest of the City Council, a group with three new council members since the ordinance was first proposed.
