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DigitalChaos
 
U.S. judge rules TX town ordinance banning illegal's renting apts unconstitutional

U.S. judge rules Texas town's ordinance banning illegal immigrants from renting apartments is unconstitutional
http://www.dallasnews.com/sharedcont...1dce73fb1.html

"Ordinance 2952 is a regulation of immigration and is preempted by the Supremacy Clause of the United States Constitution because the authority to regulate immigration is exclusively a federal power," she wrote in her ruling.




Thoughts? Is this seriously unconstitutional considering illegals aren't citizens? If it is unconstitutional what recourse does this town (and perhaps state) have if it feels the Fed is not doing enough to enforce immigration issues?

Last edited by DigitalChaos; 03-24-2010 at 05:35 PM..
Old 03-24-2010, 02:11 PM DigitalChaos is offline  
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Aldaris
 
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female judge, what did you expect? something fair and rational?
Old 03-24-2010, 03:25 PM Aldaris is offline  
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bingstudent
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Seems pretty cut and dry, states can't preempt federal authority, particularly apparent in an instance of plenary power.

Even if it didn't fail the preemption challenge that law still would pretty clearly not pass equal protection muster.

edit: also, constitutional protections don't apply only to citizens, I don't know where that conservative talking point came from (maybe hannity?) ... and what kind of assholes wanted to prevent a landlord from renting property to whoever they please?

Last edited by bingstudent; 03-24-2010 at 04:47 PM..
Old 03-24-2010, 04:37 PM bingstudent is offline  
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SemperFly
 
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Quote:
Originally Posted by DigitalChaos View Post
considering illegals are citizens?
dude what?
Quote:
If it is unconstitutional what recourse does this town (and perhaps state) have if it feels the Fed is not doing enough to enforce immigration issues?
It can strictly enforce immigration laws on a local level. It's just not allowed to make new immigration laws.
Old 03-24-2010, 04:43 PM SemperFly is offline  
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DigitalChaos
 
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was a typo
Old 03-24-2010, 05:35 PM DigitalChaos is offline  
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SemperFly
 
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oh lol

remember that the constitution does not apply ti citizens. its limits are on the government, not the people. one does not have to be a citizen to receive due process
Old 03-24-2010, 05:41 PM SemperFly is offline  
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oh lol

remember that the constitution does not apply ti citizens. its limits are on the government, not the people. one does not have to be a citizen to receive due process

Exactly. If you think about it, you need to follow due process to even demonstrate that someone isn't a citizen.
Old 03-24-2010, 06:15 PM Gibonius is offline  
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joemama
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... and what kind of assholes wanted to prevent a landlord from renting property to whoever they please?
umm...wouldn't that be the federal government?
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Old 03-24-2010, 07:22 PM joemama is offline  
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bingstudent
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umm...wouldn't that be the federal government?

discrimination not withstanding, obviously, doesn't make much sense to me that a city would want to penalize landlords for renting out their apts without first checking the legal status of residents.

it's better to have the streets lined with homeless immigrants?
Old 03-24-2010, 07:26 PM bingstudent is offline  
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joemama
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discrimination not withstanding, obviously, doesn't make much sense to me that a city would want to penalize landlords for renting out their apts without first checking the legal status of residents.

it's better to have the streets lined with homeless immigrants?
If the landlord wants to rent to illegals then they should be able to....but being forced to NOT disqualify someone from renting because they are illegal is not right either. Looking from the landlords standpoint...what if an illegal renter tears the shit out of their apartment (way above and beyond what any normal deposit would cover) and then disappears in the middle of the night? If they're off the grid then how are they going to track them down for legal action and payment? Not saying that illegals are more likely than anyone else to do this...simply that landlords should be allowed to minimize the risk if they so choose.
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Old 03-24-2010, 09:55 PM joemama is offline  
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TheMorlock
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Quote:
Originally Posted by bingstudent View Post
Seems pretty cut and dry, states can't preempt federal authority, particularly apparent in an instance of plenary power.

Even if it didn't fail the preemption challenge that law still would pretty clearly not pass equal protection muster.

edit: also, constitutional protections don't apply only to citizens, I don't know where that conservative talking point came from (maybe hannity?) ... and what kind of assholes wanted to prevent a landlord from renting property to whoever they please?

Just how does it not pass equal protection?

Thats like saying that banning rental to someone to use the apartment as a meth lab would be in violation of equal protection.

Both parties are in the act of commission of a crime.
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Old 03-25-2010, 12:11 AM TheMorlock is offline  
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TheMorlock
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Quote:
Originally Posted by bingstudent View Post
discrimination not withstanding, obviously, doesn't make much sense to me that a city would want to penalize landlords for renting out their apts without first checking the legal status of residents.

it's better to have the streets lined with homeless immigrants?

No its better to brand Illegal Alien on their foreheads and deport them.
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Old 03-25-2010, 12:21 AM TheMorlock is offline  
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bingstudent
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Just how does it not pass equal protection?

Thats like saying that banning rental to someone to use the apartment as a meth lab would be in violation of equal protection.

Both parties are in the act of commission of a crime.

Same reason all the various sex offender zoning laws are being eviscerated in the courts, just because someone entered illegally doesn't mean the states can pass laws to deprive him or her opportunity without due process.
Old 03-25-2010, 01:13 AM bingstudent is offline  
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bingstudent
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No its better to brand Illegal Alien on their foreheads and deport them.

then who will pick your prunes, old man?
Old 03-25-2010, 01:14 AM bingstudent is offline  
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TheMorlock
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Same reason all the various sex offender zoning laws are being eviscerated in the courts, just because someone entered illegally doesn't mean the states can pass laws to deprive him or her opportunity without due process.

bzzzt wrong answer.

How does a PAST commission of a crime equate to an ONGOING commission of a crime?
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Old 03-25-2010, 02:57 AM TheMorlock is offline  
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