Garrett v. City of Escondido

465 F. Supp. 2d 1043 (2006)

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Garrett v. City of Escondido

United States District Court for the Southern District of California
465 F. Supp. 2d 1043 (2006)

Facts

The City of Escondido, California (the city) (defendant) enacted an ordinance that prohibited any owner of a home or apartment in the city from harboring an illegal alien in the residence. The ordinance defined an illegal alien as a person who is not lawfully present in the United States pursuant to federal law, and it required city officials to obtain a determination from the federal government that a person was in the country illegally before concluding that the person was an illegal alien. Roy Garrett (plaintiff), Mary Garrett (plaintiff), and the Escondido Human Rights Committee (the committee) (plaintiff) challenged the constitutionality of the statute and applied for a temporary restraining order to prevent the city from enforcing the ordinance.

Rule of Law

Issue

Holding and Reasoning (Houston, J.)

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