Texas town's rental ban to get 2nd hearing
By NOMAAN MERCHANT, Associated Press
Sep 19, 2012 2:56 AM CDT
File - In this Aug. 26, 2006 file photo, Natalie Villafranca, 6, right, looks over at Robert Herndon holding signs in front of city hall in Farmers Branch, Texas. More than 300 people protested a proposal by City Councilman Tim O'Hare that would prohibit landlords from leasing to illegal immigrants,...   (Associated Press)

A Dallas suburb's long, expensive fight to ban illegal immigrants from renting homes will have perhaps its most important hearing before a largely conservative group of judges with the power to influence the immigration debate across the United States.

Farmers Branch was sued four years ago after it passed an ordinance allowing the city building inspector to evict any illegal immigrant renters.

Its case will now go before the full membership of the 5th U.S. Circuit Court of Appeals.

Arguments are scheduled for Wednesday in New Orleans.

So far, no court has allowed Farmers Branch to enforce any form of the ordinance. But the appeals court's rare move to hear the case a second time, months after a different three-judge panel ruled against the city, could be a sign that the town might finally get a victory.

The current ordinance, which replaced an earlier 2006 version, would require all renters to obtain a $5 city license and fill out an application that asks about their legal status. Then, the city's building inspector would have to check whether any immigrant applying for a license was in the United States legally. Illegal immigrants would be denied a permit, and landlords who knowingly allow illegal immigrants to stay as tenants could be fined or have their renters' license barred.

Based in New Orleans, the 5th Circuit hears cases from Texas, Louisiana and Mississippi, and its rulings are binding in those states only. But other circuit courts are considering laws similar to the one passed by Farmers Branch, and one circuit's opinion can be cited by attorneys elsewhere.

Farmers Branch has spent nearly $6 million on legal bills and expenses related to illegal immigration, according to a town spokesman.

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