5th Circ. Strikes Dallas Suburb's Immigrant Rental Law

Law360, Dallas (July 23, 2013, 7:08 PM ET) -- An en banc Fifth Circuit on Monday permanently enjoined a Dallas suburb’s law intended to prevent those living in the country illegally from renting property, in a fractured opinion that holds the law’s criminal penalties based on housing for noncitizens disrupt federal immigration law and are preempted.

The five-judge majority opinion by Judge Stephen Higginson, joined in the judgment by two other judges, affirms a lower court ruling and says the city of Farmers Branch went too far by imposing criminal penalties on landlords and tenants...
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