immigration

Dallas Morning News: Supreme Court Refuses Farmers Branch Immigration Ordinance

March 3, 2014 – The Dallas Morning News reports that the U.S. Supreme Court declined to review a lower-court ruling finding a rental ordinance in Farmers Branch, Texas, unconstitutional.  

The ordinance sought to ban landlords from to renting to people who are in the U.S. unlawfully . The court’s decision brough ta seven-year legal battle to an end. The ordinance was never enforced.  

Attorney William “Bill” Brewer said of the conclusion of the case that, “This is over...Our hope is that the city will close this unfortunate chapter in its history and begin to embrace the changing demographics of the community – as part of a more inclusive and dynamic future.”  

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Law360: 5th Circ. Strikes Dallas Suburb’s Immigrant Rental Law

July 23, 2013 – Law360 reports that an en banc Fifth Circuit court permanently enjoyed a law passed by the City of Farmers Branch, Texas, that intended to prevent those living in the country illegally from renting property.  

The article added that the five-judge majority opinion by Judge Stephen Higginson affirmed a lower court ruling and said Farmers Branch went too far by imposing criminal penalties on landlords and tenants and by allowing state courts to review determinations of immigration status.  

“We are pleased with this outcome and appreciate the service of the court,” said William A. Brewer III of the Bickel & Brewer Storefront (now Brewer Storefront), a pro bono counterpart of the Brewer firm. “Farmers Branch thrust itself into the national debate over immigration – and this outcome was critically important for those who believe immigration reform must take place at the federal level.”  

The case is Villas at Parkside Partners et al. V. The City of Farmers Branch, Texas

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Wall Street Journal: Judges Block Immigrant Laws in Texas, South Carolina

July 23, 2013 – The Wall Street Journal reports that the Fifth U.S. Circuit Court of Appeals rejected an ordinance by the Dallas suburb of Farmers Branch that sought to bar landlords from renting to immigrants living in the U.S. without legal documentation. 

The judges concluded that the ordinance illegally interfered with the federal government’s enforcement of immigration laws. The article noted that the suburbs received national attention after first attempting to enact the law in 2006, citing an influx of undocumented immigrants.  

Attorney William “Bill” Brewer, who represented plaintiffs challenging the ordinance, said the law was motivated by community members who were apprehensive about the growing Latino population.  

“It’s not within the power of a municipality to slow down or change the ethnic composition of their communities through an effort to regulate immigration,” he said. 

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Dallas Morning News: Farmers Branch Rent Law Rejected

March 22, 2012 – The Dallas Morning News reports that the 5th U.S. Circuit Court of Appeals upheld a lower court’s ruling that a Farmers Branch ordinance banning illegal immigrants from renting in the city was unconstitutional.  

The decision on March 21, 2012, found that the power to control immigration rests with the federal government and not states or cities.  

The appeals court judges found the ordinance was more than a housing regulation and was “designed to burden aliens, both documented and undocumented, in Farmers Branch. As such, the ordinance serves no legitimate city interest.” 

Attorney William Brewer, who challenged the ordinance, said the opinion made it “clear that this ordinance was intended to discriminate against Hispanics.”  

Brewer, a partner at Bickel & Brewer Storefront (now Brewer Storefront), stated that “The decision makes clear what we have contended all along – that the ordinance is unconstitutional, and that the city is attempting to interfere in an area that is clearly the province of the federal government.”  

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Dallas Morning News: Judge Rejects Rental Ban

March 25, 2010 – The Dallas Morning News reports that U.S. District Judge Jane Boyle of Dallas issued a permanent injunction to stop the City of Farmers Branch from enforcing a city ordinance banning illegal immigrants from renting apartments. 

The judge ruled that Ordinance 2952 was an attempt to enforce U.S. immigration laws, something she said only the federal government can do.  

William “Bill” Brewer, the lead attorney for the plaintiffs, said the firm would continue the fight on behalf of the landlords in the city challenging the ordinance.  

The article noted that about one-quarter of Farmers Branch residents were born outside the United States, and about 47 percent of the city’s population was Hispanic.  

“We’ve been involved... because of the broader implications of how we are all going to live together,” Brewer said. “I not only owe that to my clients but I owe it to my children.”  

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AP: Texas Attorney Fights Illegal Immigration Rules

February 8, 2009 – The Associated Press reports on attorney William “Bill” Brewer’s successful work representing landlords in Farmers Branch, Texas, fighting the city’s efforts to prevent illegal immigrants from renting apartments and houses.  

In November 2006, the Farmers Branch City Council passed a city ordinance requiring landlords to check the immigration status of renters.  

“What they’re doing in Farmers Branch is highly illegal, inappropriate and unconstitutional,” said Brewer. 

The article described Brewer’s dedication to civil rights work and advocacy on behalf of the Latino population. 

“Generating an antagonism between Anglos and Hispanics is not the way to go,” Brewer said. “This is a state, if it’s not already, will soon be, a state where the majority of the people in our community ... are of Hispanic origin.”   

Brewer also described the advocacy of Bickel & Brewer Storefront (now Brewer Storefront), offering pro-bono services.  

“The goal here was to do something a little different and it was – and is – to bring the resources that are available to our corporate clients to community impact cases.” 

Speaking further on the growth of the Hispanic population in Texas, Brewer said that “The most important time in the history of Texas is right now in how we handle this shifting demographic. And it is an opportunity, it’s not bad, it’s all good.”  

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AP: Judge Rules Texas Town’s Illegal Immigrant Apartment Rental Ban Unconstitutional

May 28, 2008 – The Associated Press reports that U.S. District Judge Sam Lindsay found that a rental ordinance passed by city leaders in Farmers Branch, Texas, was unconstitutional and only the federal government can regulate immigration.  

The ordinance would have barred apartment rental to illegal immigrants and required landlords to verify legal status. 

Attorney William “Bill” Brewer, who represented apartment complex operators who opposed the rule, celebrated the victory. Lindsay found that the city did not defer to the federal government on the matter and violated the supremacy clause of the U.S. Constitution.  

“It’s a good day, not just for my clients,” Brewer said. “It’s a good day for people who are thinking clearly about what is the proper role of municipal governments in the immigration debate.”  

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Houston Chronicle: Judge Bars Enforcement of Farmers Branch Rental Law

June 5, 2007 –The Houston Chronicle reports that U.S. District Judge Sam Lindsay extended an order preventing the Dallas suburb of Farmers Branch from enforcing a voter-approved ordinance barring apartment rentals to most illegal immigrants. 

The judge decided that a temporary restraining order issued the month prior would remain in effect until June 19, 2007. 

“Farmers Branch should not be in the business of determining who is in the country legally,” said then Brewer attorney Jim Renard, who was representing three apartment complexes. He added that the ordinance should be “tossed.”  

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