5th Circ. Strikes Dallas Suburb's Immigrant Rental Law
By Jess Davis
Law360, Dallas (July 23, 2013, 7:08 PM EDT) -- 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...