Farmers Branch, TX, an upper-middle class northern suburb of Dallas, has enacted an ordinance that according to CNN, would ban illegal immigrants from renting or owning housing.

Regardless of immigration issues, I think the Farmers Branch ordinance is very possibly in violation of federal law.

First, there is the possibility that the typical Apartment Manager may apply the rules for checking current and correct citizenship and immigration status unevenly. It is not as simple as checking a drivers license, and may be particularly difficult in Texas, where they have had a large influx of Katrina refugees, whose birth certificates and other documents may no longer exist. Is she required to check the heads of household for legal status, or everyone who will be living on property? Even if she does try to check, will she really collect such information on every resident, or only ones with Hispanic surnames? That’s a discrimination lawsuit just waiting to happen. And who will be checking the legal status of purchasers of property? Realtors, title officers, mortgage officers? To whom will it be reported?

Finally, and most importantly, Federal Fair Housing Law says it is not legal to refuse to sell or rent to someone “based on race, color, national origin, religion, sex, familial status or handicap….” Refusing to rent to someone because they are not citizens of the United States is based on “national origin.” So our average Apartment Manager is caught in the middle: she can either follow the local law and face federal fines, or follow federal law and face local fines.

My guess is she should be eyeing jobs in neighboring suburbs.