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Legal news from Tuesday, December 26, 2006 |
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Rights groups sue Dallas suburb over anti-illegal immigration law
Joshua Pantesco on December 26, 2006 4:19 PM ET

[JURIST] Two civil rights groups filed suit [complaint, PDF] in federal court Tuesday to block enforcement of a town ordinance [text] passed in November by the Dallas suburb of Farmers Branch [official website] requiring apartment renters to show proof of US residency and penalizing landlords who rent to illegal immigrants. The ACLU of Texas [advocacy website; press release], in conjunction with the Mexican American Legal Defense and Education Fund (MALDEF) [advocacy website; press release], sued to bar the city from implementing the act beginning January 12, alleging that federal immigration law preempts state and local ordinances aimed at regulating immigration, and that the law as drafted is impermissibly vague.
Some local landlords have also spoken against the ordinance [Houston Chronicle report], saying they are not trained to determine whether immigration papers produced by potential renters are forgeries. Two other recent lawsuits have challenged the ordinance, one filed last Friday on behalf of three apartment complexes [JURIST report], and one filed earlier in December alleging that the Mayor of Farmer's Branch broke the Texas Open Meetings Act [PDF backgrounder] during deliberations concerning the ordinance. AP has more.
Last November a federal judge granted a temporary restraining order [JURIST report] against the town of Hazleton, Pennsylvania, preventing the town from promulgating a similar landlord-tenant ordinance designed to discourage illegal immigration.


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Immigration negotiators may ease hurdles to legal status, choke fence funding: NYT
Joshua Pantesco on December 26, 2006 2:52 PM ET

[JURIST] The bicameral committee of US lawmakers responsible for hammering out a comprehensive immigration reform package [JURIST news archive] may recommend to the new Congress beginning in January that illegal immigrants not be required to leave the country before petitioning for legal status, according to the New York Times Tuesday. The committee, led by Senators John McCain (R-AZ) and Ted Kennedy (D-MA) and Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ), expects to have a reconciled bill ready for the Senate to consider in March or April, followed by a House vote in the months following. The committee must reach compromise between a Senate bill [S 2611 summary] passed in May [JURIST report] that would set millions of illegal immigrants on a path to potential citizenship and would authorize a temporary worker program, with the more restrictive House version [HR 4437 summary] passed late last year [JURIST report] which makes unlawful presence in the US a felony subject to deportation and could punish humanitarian groups aiding illegals.
The committee may also decide not to provide sufficient funding for the Secure Fence Act of 2006 [PDF text; HR 6061 summary], which provides for 700 miles of border fencing to be constructed between the US and Mexico. The border fence bill, signed into law [JURIST report] by President Bush in October, was passed by the House and Senate [JURIST reports] after Republican leadership decided to leave comprehensive immigration reform proposals for the next session of congress. The New York Times has more.


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Russia supreme court upholds sentence for Beslan hostage-taker
Brett Murphy on December 26, 2006 11:14 AM ET

[JURIST] The Russian Supreme Court [official website] Tuesday upheld a sentence of life imprisonment for Nurpashi Kulayev, the only terrorist survivor convicted in connection with the 2004 Beslan school siege [JURIST news archive; BBC backgrounder]. Kulayev filed the appeal [JURIST report] in June, arguing that his conviction was "unlawful and groundless" as the prosecution failed to present evidence implicating him in the terrorism and murder charges. Itar-Tass has more.
Kulayev was found guilty of terrorism [JURIST report] in May. Some 1,300 people, most of them children, were taken hostage in a school building in Beslan, North Ossetia, in September 2004 by militants demanding that Russian soldiers leave Chechnya. In total, 330 people were killed and 783 were wounded when the school roof collapsed in flames during a rescue effort. Officials reported in August that to protect Kulayev from retaliation by other inmates, he will serve his sentence under a different name [JURIST report].
The Supreme Court also ruled on Tuesday that General Nikolai Shepel, former deputy prosecutor in the Beslan school siege trial, violated the law during his investigation into the hostage attack. Interfax has more.


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