A district court concluded that a city ordinance, seeking to prevent persons "not lawfully present in the United States" from renting housing in the city, was conflict preempted. The ordinance's criminal provisions, because they conflict with federal anti-harboring law and the federal authority to arrest and detain persons for possible unlawful presence, are preempted by federal law. Because the power to classify non-citizens is reserved exclusively to the federal government, the judicial review section of the ordinance also is preempted by federal law. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 10-10751, 07-22-103.
Villas at Parkside Partners v. City af Farmers Branch, Texas
August 6, 2013