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Tuesday, November 14, 2006

Farmer's Branch moves against illegal immigrants


LARA SOLT / DMN
Protesters gathered at Farmers Branch City Hall hours before Monday night's City Council meeting. Shouting matches periodically erupted outside the council chambers between supporters and opponents of the ordinances.
Some Hispanic activists said they will sue the city over the decisions.

Council approves restrictions on rentals, language measure
08:45 AM CST on Tuesday, November 14, 2006

By STEPHANIE SANDOVAL / The Dallas Morning News


Farmers Branch on Monday adopted strict measures against illegal immigrants, requiring apartment renters to provide proof of citizenship or residency and making English the city's official language.

The City Council also unanimously agreed to let police apply to participate in a federal program that would enable them to check the residency status of suspects in custody and initiate deportation proceedings in certain cases.

The measures, believed to be the first of their kind in Texas, brought cheers from supporters but sparked anger among some Hispanics and other opponents that the action will cause further racial tension in the city.

"Tomorrow in the courts. I'm winning tomorrow," said Jorge Rivera, an Irving community activist. When he addressed the crowd after the decision, he said in Spanish, "Don't worry, we are going to win."

Dallas activist Domingo Garcia also vowed to sue.

Representatives of the Mexican American Legal Defense and Education Fund and the American Civil Liberties Union of Texas, however, said the language of the resolutions and ordinances approved Monday are different from what other cities have adopted – and over which they have sued. They said they will have to review the language before deciding whether to pursue legal action against Farmers Branch.

"It's hard for us to have firm, specific legal opinions, but we're all disappointed they chose to pursue this divisive path," said Rebecca Bernhardt, immigration, border and national security policy director for the ACLU of Texas.

Luis Figueroa, legislative staff attorney for MALDEF, said he, too, was disappointed.

"Farmers Branch will likely feel the negative effects of this measure in its economy, as well as with increased racial tensions," he said.

Farmers Branch resident David McKenzie rejoiced at the city's decision.

"I'm happy, very happy," he said. " 'Surprised' is the word. I think it gets it going in the right direction. It's a start. ... I think it will be symbolic. I really do."

The English as the official language resolution means that the city generally will not provide documents any longer in Spanish but does not affect the use of Spanish by businesses or individuals.

"This is not meant to keep anyone from speaking Spanish or any other language in their home, at their workplace, in public or anywhere else," City Council member Tim O'Hare said.

A separate resolution calls for the Police Department to apply to enter into an agreement with ICE to essentially train a jail officer and give that person access to a federal database to check the immigration status of people in custody for crimes.

Under the rental restrictions, apartment owners and managers would be required to obtain papers showing citizenship or eligible immigration status from each member of a family planning to live there.

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The ordinance will go into effect Jan. 12 and will not affect anyone with an existing lease or rental agreement.

Violations are a misdemeanor punishable by a fine of up to $500, with each day a separate offense.

Wylie resident Sherry Wilkinson said earlier Monday that she wants her city to do the same thing.

"As soon as it happens here, I'm taking it to Wylie," she said. "The key is to get it done here."

Hundreds of people crowded into City Hall earlier Monday, filling the council chambers and spilling over into the lobby.


LARA SOLT / DMN
Billy Bruce of Duncanville was among those making his views known at Farmers Branch City Hall on Monday night.
Outside, nearly two hours before the meeting, dozens of protesters stood outside waving American flags and chanting, "People united will never be divided," and "What do we want? Justice. When? Now."


They bore signs asking, "Mr. O'Hare, What would Jesus do?" and saying, "In God We Trust, O'Hare is unjust."

Mr. O'Hare thrust Farmers Branch into the national spotlight in August with suggestions that the city emulate cities in other states that had adopted local ordinances making it harder for illegal immigrants to live and work there.

Earlier O'Hare suggestions that were not addressed by the council Monday were to penalize businesses that hired illegal immigrants and to curtail city subsidies for children of illegal immigrants in some city youth programs.

The council debated the merits of those proposals and the legal issues surrounding them behind closed doors Monday, citing state open meetings laws that allow governmental bodies to meet privately for consultation with their attorneys regarding pending litigation.

Moments before closing the doors, representatives of MALDEF briefed the council on the legal and financial ramifications of adopting such ordinances.


LARA SOLT / DMN
Farmers Branch police told resident Gerald Colgrove, who supported the limitations on illegal immigrants, that he'd have to leave during the shouting outside the council meeting.
During the meeting, a flurry of shouting matches periodically erupted outside, the two sides separated by a few feet and exchanging slogans and accusations of racism.

Police escorted one woman off the property, and another was taken into custody for disorderly conduct.

Mr. Rivera led opponents with a megaphone, appealing for calm during moments of tension as more than a dozen police officers monitored the situation.

As members of Hispanic and civil rights groups led their followers in chants of "We are Americans," one woman shouted back, "No you're not."

Chants of "U.S.A." by opponents of the proposals were met by shouts of "Enforce the law" by a small group of supporters.

"We understand we have some big problems. We don't support illegal immigration," said Luis de la Garza, a Farmers Branch resident and secretary for foreign relations for LULAC's national organization.

Staff writers Paul Meyer and Katherine Leal Unmuth contributed to this report.

E-mail ssandoval@dallasnews.com

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