| Court: |
Federal something or other. |
|
| Facts: |
Escondido adopts an ordinance penalizing any business who "harbors" an illegal
alien in a dwelling unit. |
|
| Posture: |
Landlords, tenants, and community organizations seek a temporary restraining
order to prevent this from taking effect. |
|
| Issue: |
Should the restraining order be granted? |
|
| Holding: |
Yes. |
|
| Rule: |
In order to get a temporary restraining order:
- You have to have a case that might prevail
- You have to show there would be harm if relief is not granted
- There has to be a balance of hardships favoring the plaintiff
- Granting the restraint must favor the public interests
|
|
| Reasoning: |
There would be real harm to tenants, because they wouldn't be able
to get alternate housing. Landlords would be exposed to imminent
litigation (there's no process laid out for verifying a tenant's
alienage). There's no showing that aliens cause crime or urban
blight. Really, the power to regulate immigration is a federal
power, and this would place a sudden and unreasonable burden on
the feds. Also, there's a violation of due process: the plaintiffs
have the legitimate interests in collecting rent, and this is
going to make it hard on them. Plus, the aliens should have due
process as well, and there's no notice provided here. |
|
| Dicta: |
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