726 F.3d 524 (5th Cir. 2013), 10-10751, Villas at Parkside Partners v. City of Farmers Branch

Docket Nº10-10751
Citation726 F.3d 524
Party NameVILLAS AT PARKSIDE PARTNERS, doing business as Villas at Parkside; LAKEVIEW AT PARKSIDE PARTNERS, LIMITED, doing business as Lakeview at Parkside; CHATEAU RITZ PARTNERS, doing business as Chateau De Ville; MARY MILLER SMITH; Plaintiffs -- Appellees v. THE CITY OF FARMERS BRANCH, TEXAS, Defendant -- Appellant; VALENTIN REYES; ALICIA GARZA; GINGER ED
AttorneyFor VILLAS AT PARKSIDE PARTNERS, doing business as Villas at Parkside, LAKEVIEW AT PARKSIDE PARTNERS, LIMITED, doing business as Lakeview at Parkside, CHATEAU RITZ PARTNERS, doing business as Chateau De Ville, MARY MILLER SMITH, Plaintiffs - Appellees: William A. Brewer, III, Esq., Charles Dunham...
Judge PanelBefore STEWART, Chief Judge, and REAVLEY, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, and HIGGINSON, Circuit Judges.[*] HIGGINSON, Circuit Judge, joined by CARL E. STEWART, Chief Judge, and W. EUGENE DAVIS, LESLIE H. SOUTHWICK, and HAYNES, Circuit J...
Case DateJuly 22, 2013
CourtUnited States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 524

726 F.3d 524 (5th Cir. 2013)

VILLAS AT PARKSIDE PARTNERS, doing business as Villas at Parkside; LAKEVIEW AT PARKSIDE PARTNERS, LIMITED, doing business as Lakeview at Parkside; CHATEAU RITZ PARTNERS, doing business as Chateau De Ville; MARY MILLER SMITH; Plaintiffs -- Appellees

v.

THE CITY OF FARMERS BRANCH, TEXAS, Defendant -- Appellant;

VALENTIN REYES; ALICIA GARZA; GINGER EDWARDS; JOSE GUADALUPE ARIAS; AIDE GARZA, Plaintiffs -- Appellees

v.

CITY OF FARMERS BRANCH, Defendant -- Appellant

No. 10-10751

United States Court of Appeals, Fifth Circuit

July 22, 2013

Petition for certiorari filed at, 10/21/2013

Page 525

Appeals from the United States District Court for the Northern District of Texas.

For VILLAS AT PARKSIDE PARTNERS, doing business as Villas at Parkside, LAKEVIEW AT PARKSIDE PARTNERS, LIMITED, doing business as Lakeview at Parkside, CHATEAU RITZ PARTNERS, doing business as Chateau De Ville, MARY MILLER SMITH, Plaintiffs - Appellees: William A. Brewer, III, Esq., Charles Dunham Biles, Esq., James Stephen Renard, Esq., Jack George Breffney Ternan, Bickel & Brewer, Dallas, TX.

For VALENTIN REYES, ALICIA GARCIA, GINGER EDWARDS, JOSE GUADALUPE ARIAS, AIDE GARZA, Plaintiffs - Appellees: Nina Perales, Esq., Rebecca McNeill Couto da Silva, Esq., Mexican-American Legal Defense & Educational Fund, San Antonio, TX; R David Broiles, Fort Worth, TX; Omar C. Jadwat, Jennifer C. Newell, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY; Rebecca L. Robertson, Attorney, Houston, TX.

For CITY OF FARMERS BRANCH, TEXAS, Defendant - Appellant: Peter Michael Jung, Strasburger & Price, L.L.P., Dallas, TX; Kris William Kobach, Esq., Immigration Reform Law Institute, Kansas City, KS.

For TEXAS APARTMENT ASSOCIATION, INCORPORATED, Amicus Curiae: Carlos Ramon Soltero, McGinnis, Lochridge & Kilgore, L.L.P., Austin, TX.

For EAGLE FORUM EDUCATION AND LEGAL DEFENSE FUND, Amicus Curiae: Lawrence John Joseph, Washington, DC.

For AMERICAN IMMIGRATION LAWYERS ASSOCIATION, Amicus Curiae: Nicolas Chavez, Esq., Chavez & Valko, L.L.P., Dallas, TX.

For DOMINICAN AMERICAN NATIONAL ROUNDTABLE, HISPANIC NATIONAL BAR ASSOCIATION, LEAGUE OF UNITED LATIN AMERICAN CITIZENS, MEXICAN-AMERICAN BAR ASSOCIATION OF TEXAS, NATIONAL ASSOCIATION OF ELECTED AND APPOINTED OFFICIALS, NATIONAL ASSOCIATION OF LATINO ELECTED AND APPOINTED OFFICIALS EDUCATIONAL FUND, NATIONAL COUNCIL OF LA RAZA, Amicus Curiae: Morris J. Baller, Esq., Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA.

For UNITED STATES OFFICE OF SOLICITOR GENERAL, Amicus Curiae: Benjamin M. Shultz, Jeffrey Eric Sandberg, Attorney, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC; Daniel Bentele Hahs Tenny, Esq., U.S. Department of Justice, Washington, DC.

Before STEWART, Chief Judge, and REAVLEY, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, and HIGGINSON, Circuit Judges.[*] HIGGINSON, Circuit Judge, joined by CARL E. STEWART, Chief Judge, and W. EUGENE DAVIS, LESLIE H. SOUTHWICK, and HAYNES, Circuit Judges. REAVLEY, Circuit Judge, joined by GRAVES, Circuit Judge, concurring only in the judgment. DENNIS, Circuit Judge, joined by REAVLEY, PRADO, and GRAVES, Circuit Judges, specially concurring. OWEN, Circuit Judge, concurring and dissenting. HIGGINSON, Circuit Judge, specially concurring. EDITH H. JONES and JENNIFER WALKER ELROD, Circuit Judges, dissenting, joined by JOLLY, SMITH and CLEMENT, Circuit Judges.

OPINION

Page 526

"America's history has long been a story of immigrants." 1 That story, a complicated history of inclusion and exclusion,2 has unfolded according to law, but also contrary to law. See Ex parte Kumezo Kawato, 317 U.S. 69, 73-74, 63 S.Ct. 115, 87 L.Ed. 58 (1942) (the United States is " a country whose life blood came from an immigrant stream." ). As the Supreme Court has emphasized--and indeed, as a constitutional imperative--a country's treatment of non-citizens within its borders can gravely affect foreign relations. Hines v. Davidowitz, 312 U.S. 52, 62-68, 61 S.Ct. 399, 85 L.Ed. 581 (1941); Arizona v. United States, 132 S.Ct. 2492, 2498-99, 183 L.Ed.2d 351 (2012) (" It is fundamental that foreign countries concerned about the status, safety, and security of their nationals in the United States must be able to confer and communicate on this subject with one national sovereign, not the 50 separate States." ).

The Ordinance at issue in this case and passed by the active citizens of the City of Farmers Branch (" Farmers Branch" ) seeks to regulate non-citizens who reside in the United States contrary to law. Farmers Branch, Tex., Ordinance 2952 (Jan. 22, 2008), permanently enjoined by Villas at Parkside Partners v. City of Farmers Branch, Tex., 701 F.Supp.2d 835, 841 (N.D. Tex. 2010). Farmers Branch classifies these non-citizens as persons " not lawfully present in the United States." Id. at § § 1(D)(2); 3(D)(2). Responding to an " aroused popular consciousness," Baker v. Carr, 369 U.S. 186, 270, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962) (Frankfurter, J., dissenting), and frustration at the perceived lack of federal enforcement of immigration law, Farmers Branch sought to " prevent" such persons from renting housing in the city. The district court concluded, inter alia, that the Ordinance was conflict preempted under federal law. Villas at Parkside Partners, 701 F.Supp.2d at 841. Because we hold that the Ordinance's criminal offense and penalty provisions and its state judicial review process conflict with federal law, we AFFIRM the judgment of the district court.

I. Farmers Branch, Texas, Ordinance 2952

Ordinance 2952 sets forth licensing provisions and criminal sanctions. The Ordinance requires individuals to obtain a license before occupying a rented apartment or " single-family residence." Ordinance 2952 at § § 1(B)(1); 3(B)(1). For persons not declaring themselves citizens or nationals of the United States, Farmers Branch's building inspector must verify " with the federal government whether the occupant is an alien lawfully present in the United States." Id. at § § 1(D)(1); 3(D)(1). Upon such inquiry, if the federal government twice " reports" that the occupant is " not lawfully present in the United States," then the building inspector must revoke the occupant's license after notifying both the occupant and the landlord. Id. at § § 1(D)(1)-(4); 3(D)(1)-(4). The Ordinance provides that " [a]ny landlord or occupant who has received a deficiency

Page 527

notice or a revocation notice may seek judicial review of the notice by filing suit against the building inspector in a court of competent jurisdiction in Dallas County, Texas." Id. at § § 1(E)(1); 3(E)(1).

The Ordinance's criminal provisions prohibit persons from occupying a rented apartment or single-family residence without first obtaining a valid license, id. at § § 1(C)(1); 3(C)(1); 5, and making a false statement of fact on a license application, id. at § § 1(C)(2); 3(C)(2); 5. Landlords, in turn, are prohibited from renting an apartment or single-family residence without obtaining licenses from the occupants, id. at § § 1(C)(4); 3(C)(4); 5, failing to maintain copies of licenses from all known occupants, id. at § § 1(C)(5); 3(C)(5); 5, failing to include a lease provision stating that occupancy by a person without a valid license constitutes default, id. at 1(C)(6); 3(C)(6); 5, and allowing an occupant to inhabit an apartment without a valid license, id. at 1(C)(7); 3(C)(7); 5. If a landlord commits the criminal offense of knowingly permitting an occupant to remain in an apartment or single-family residence without a valid license, id. at § § 1(C)(7); 3(C)(7), then the building inspector shall suspend the landlord's rental license until the landlord submits a sworn affidavit stating that the occupancy has ended, id. at § § (D)(5)-(7); (D)(5)-(7). A landlord may appeal the suspension of a rental license to the city council. Id. at § § 1(D)(8); 3(D)(8). The Ordinance also criminalizes creating, possessing, selling or distributing a counterfeit license. Id. at § § 1(C)(3), 3(C)(3), 5.

These seven offenses are Class C criminal misdemeanors punishable by a fine of $500 upon conviction, see Tex. Penal Code Ann. § 12.41(3) (West 2009); State v. Chacon, 273 S.W.3d 375, 377 n.2 (Tex. App. 2008); Ordinance 2952 at § § 1(C); 3(C); 5, with a separate offense deemed committed each day that a violation occurs or continues, id. at § 5. In Texas, local police may make arrests for Class C misdemeanors. See Tex. Code Crim. Proc. Ann. art. 14.01(b), 14.06(a)-(b) (West 2011).

II. Supremacy Clause Litigation and the Supreme Court's Intervening Decision in Arizona v. United States

Two groups of plaintiffs,0 comprised of landlords and tenants, sued the City, seeking to enjoin the Ordinance. Villas at Parkside Partners v. City of Farmers Branch, 701 F.Supp.2d 835 (N.D. Tex. Mar. 24, 2010). The district court found the Ordinance to be preempted under the Supremacy Clause, both as an improper regulation of immigration because it " applies federal immigration classifications for purposes not authorized or contemplated by federal law," id. at 860; see generally De Canas v. Bica, 424 U.S. 351, 355, 96 S.Ct. 933, 47 L.Ed.2d 43 (1976), and also as an obstacle to the " comprehensive federal" scheme for " removing aliens or adjudicating their status for that purpose," which the district court described as " structured, in part, to allow federal discretion and to permit in appropriate circumstances a legal adjustment in an alien's status," id. at 860-61. The district court therefore granted summary judgment to the plaintiffs on their Supremacy Clause claim and permanently enjoined enforcement of the Ordinance. Id. at 860-61.

After a panel of our court affirmed the district court judgment, Villas at Parkside Partners v. City of Farmers Branch, 675...

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37 practice notes
  • 264 F.Supp.3d 744 (W.D.Tex. 2017), Civ. SA-17-CV-404-OLG, City of El Cenizo v. State
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • 30 août 2017
    ...Attorney General has delegated arrest authority to state officers. Villas at Parkside Partners v. City of Farmers Branch, Tex., 726 F.3d 524, 531 (5th Cir. 2013) (citing Arizona, 567 U.S. at 408, 132 S.Ct. 2492). The Attorney General's supervisory role in immigration ......
  • Isabel v. Texas Department Of State Health Services, 101615 TXWDC, 1-15-CV-446 RP
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • 16 octobre 2015
    ...of noncitizens within its borders can gravely affect foreign relations." Villas at Parkside Partners v. City of Farmers Branch, 726 F.3d 524, 526 (2013); see also Arizona, 132 S.Ct. at 2498-99 ("It is fundamental that foreign countries concerned about the status, safety, and secur......
  • Undocumented no more: the power of state citizenship.
    • United States
    • Stanford Law Review Vol. 67 Nbr. 4, April - April 2015
    • 1 avril 2015
    ...significant portions of South Carolina's Act 69, a package of immigration laws); Villas at Parkside Partners v. City of Farmers Branch, 726 F.3d 524, 528-29 (5th Cir. 2013) (en banc) (striking down a local ordinance that barred landlords from renting housing to tenants who could not prove l......
  • United States v. Hamdan, 061220 LAEDC, Crim. A. 19-60-WBV-KWR
    • United States
    • Federal Cases United States District Courts 5th Circuit Eastern District of Louisiana
    • 12 juin 2020
    ...quotation marks omitted). [17] R. Doc. 62-1 at p. 3 (quoting Villas at Parkside Partners v. City of Farmers Branch, Texas, 726 F.3d 524, 529 (5th Cir. 2013)) (internal quotation marks [18] R. Doc. 62-1 at pp. 4-5 (quoting United States v Anderton, 901 F.3d 278, 284 (5th&......
  • Request a trial to view additional results
36 cases
  • 264 F.Supp.3d 744 (W.D.Tex. 2017), Civ. SA-17-CV-404-OLG, City of El Cenizo v. State
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • 30 août 2017
    ...Attorney General has delegated arrest authority to state officers. Villas at Parkside Partners v. City of Farmers Branch, Tex., 726 F.3d 524, 531 (5th Cir. 2013) (citing Arizona, 567 U.S. at 408, 132 S.Ct. 2492). The Attorney General's supervisory role in immigration ......
  • Isabel v. Texas Department Of State Health Services, 101615 TXWDC, 1-15-CV-446 RP
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • 16 octobre 2015
    ...of noncitizens within its borders can gravely affect foreign relations." Villas at Parkside Partners v. City of Farmers Branch, 726 F.3d 524, 526 (2013); see also Arizona, 132 S.Ct. at 2498-99 ("It is fundamental that foreign countries concerned about the status, safety, and secur......
  • United States v. Hamdan, 061220 LAEDC, Crim. A. 19-60-WBV-KWR
    • United States
    • Federal Cases United States District Courts 5th Circuit Eastern District of Louisiana
    • 12 juin 2020
    ...quotation marks omitted). [17] R. Doc. 62-1 at p. 3 (quoting Villas at Parkside Partners v. City of Farmers Branch, Texas, 726 F.3d 524, 529 (5th Cir. 2013)) (internal quotation marks [18] R. Doc. 62-1 at pp. 4-5 (quoting United States v Anderton, 901 F.3d 278, 284 (5th&......
  • State of Texas v. United States, 110915 FED5, 15-40238
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • 9 novembre 2015
    ...in the United States, and the state is required to use federal immigration classifications to do so. See Villas at Parkside Partners, 726 F.3d at 536. Likewise, Wyoming sought to tax the extraction of coal and had no way to avoid being affected by other states' laws that reduced demand for ......
  • Request a trial to view additional results
1 books & journal articles
  • Undocumented no more: the power of state citizenship.
    • United States
    • Stanford Law Review Vol. 67 Nbr. 4, April - April 2015
    • 1 avril 2015
    ...significant portions of South Carolina's Act 69, a package of immigration laws); Villas at Parkside Partners v. City of Farmers Branch, 726 F.3d 524, 528-29 (5th Cir. 2013) (en banc) (striking down a local ordinance that barred landlords from renting housing to tenants who could not prove l......