"Although they lack legal residency, the immigrants find ways to build credit and buy homes: They take jobs, pay bills, open bank accounts, and sign up for credit cards. Many even file tax returns each year using their real names, addresses, and identification numbers issued by the Internal Revenue Service. The IRS generally does not share the information with federal immigration agents. Nothing in federal law prohibits illegal immigrants from owning homes. And banks can legally accept passports, tax identification numbers, and consular cards from people who want to open bank accounts or get home loans, according to the Comptroller of the Currency, a bureau of the U.S. Treasury that regulates national banks."

Sep. 18, 2007 - Maria Sacchetti, MA 

"It has never been illegal to originate U.S. mortgages to non-citizens and MBA continues to support this position. MBA opposes legislative or regulatory restrictions at the state or federal level that would unduly prohibit, or increase the risks of, providing homeownership financing opportunities for immigrants residing in the United States. Further, MBA does not support any local, state or federal legislative or regulatory restrictions that would impose requirements for mortgage lenders to determine the immigration status of borrowers possessing valid documentation for loan approvals."

Apr. 2007 - Mortgage Bankers Association (MBA) 

"Unauthorized workers are a critical component of our micro and macro economies today and in the projected next several decades as almost 78 million boomers prepare to retire and leave the work force. Unauthorized workers should have access to housing and any other goods and services that they choose to consume."

Nov. 26, 2007 - Francine J. Lipman, MBA, LLM 

"...a study conducted for NAHREP... identified the potential for purchases of affordable homes by more than 216,000 currently undocumented renter households to be $44 Billion in new mortgage originations... NAHREP encourages Congressional guidance in legislation for various Federal Regulators to harmonize their respective regulatory provisions to provide clear guidance for banks and financial institutions for the use of ITIN's [Individual Taxpayer Identification Number], the Matricula Consular, or other similar forms of identification...

[The] NAHREP recommends eliminating the requirement of banks and financial institutions to file SAR's (suspicious activity reports) when they discover a historic use of an unauthorized Social Security Number by a customer now applying for a loan under a valid ITIN issued by the IRS... [The] NAHREP further opposes any legislative attempt to criminalize assistance to non-documented immigrants for purposes of purchasing a home, providing financial education, or consulting with immigrants regarding homeownership."

Dec. 17, 2007 - National Association of Hispanic Real Estate Professionals (NAHREP) 

"Attorneys for the ACLU and MALDEF will continue with the suit filed on December 26, 2006 in federal district court on behalf of residents and landlords who will be adversely affected by the [City of Farmers Branch] ordinance [2903]. The lawsuit maintains that the ordinance violates federal immigration law and illegally puts landlords in the untenable position of serving as federal law enforcement agents. The complaint also alleges that the ordinance violates the fundamental rights of both landlords and tenants."

 

[Editor's Note: Judge Sam Lindsay ruled on May 21, 2007 against the City of Farmers Branch]

May 21, 2007 - Mexican American Legal Defence and Educational Fund (MALDEF) 
American Civil Liberties Union (ACLU) 

"[City of Escondido Ordinace (2006-38 R)] is unconstitutional and preempted by federal law, since the federal government exclusively is charged with enforcing immigration laws. The ordinance turns landlords into de facto cops and snitches, giving them federal law enforcement responsibilities that neither police officers nor sheriffs must bear... it will have a disproportionate adverse impact on Latinos and other minority communities, and will have the effect of segregating the city. Both these factors represent the violation of multiple state and federal laws... The California Constitution holds that non-citizens have the same property rights as citizens. The US Constitution’s contracts clause protects both parties who enter into a contract in good faith."

Dec. 10, 2007 - Cooley Godward Kronish LLP 

"Government-sponsored lenders should not be in the business of assisting illegal immigrants to purchase homes in the United States. Allowing illegal immigrants to purchase a primary residence here is just another incentive that encourages illegal immigration. That needs to stop now and today’s vote goes a long way towards making that happen."

May 22, 2007 - John T. Doolittle, JD 

"No illegal aliens should be allowed to buy or rent homes in the US. These people are alien invaders. They are criminals, and have no right to be in our country. They should not be allowed anything, except permission to leave as expeditiously as possible (i.e., within a few days)."

Nov. 27, 2007 - Joseph George Caldwell, PhD 

"Buying a house typically involves presenting documentation including a Social Security number. Insofar as it is fraudulent for an illegal alien to have a Social Security number, no illegal alien should buy a house. Presentation of alternate documentation such as a Consular Matricular card issued by a Mexican Consulate is evidence that a person cannot legally obtain a Social Security card. Therefore, it should not be accepted by any government agency, including by a County Clerk whose duty it is the register and issue titles for property.

Regarding house rentals, I do not think that documentation would automatically include a Social Security number unless it is Title 8 [government subsidized] housing. Therefore, the problem is different. If Counties, townships, or States require landlords to verify that a tenant is a legal resident of the United States, I think it is their right to do so."

Nov. 28, 2007 - Virginia Deane Abernethy, PhD 

"As you are probably aware, Ordinance 2903, which prohibits apartment landlords from renting property to most illegal immigrants, comes to the voters for approval. We believe this ordinance is important to ensure the safety of our community, the values of our homes, the quality of our schools and the ability to redevelop many of our retail areas that have been in decline for several years...

We believe that Ordinance 2903 is right for Farmers Branch. We believe it will help our property values appreciate, strengthen our schools, help us to revitalize our neighborhoods and bring high-quality retail into our City. We are asking you to join us in VOTING FOR 2903."

May, 2006 - Tim O'Hare, JD 
Ben Robinson 

"[...]The City finds that it is in the best interest of and will serve and benefit the health, safety and welfare of the public and law-abiding business entities and property owners to adopt policies and procedures to deter and prevent the harboring of illegal aliens, and criminal activity by illegal aliens... United States Code Title 8, subsection 1324(a)(1)(A) prohibits the harboring of illegal aliens. The provision of housing to illegal aliens is a fundamental component of harboring...

For the purposes of this section, to let, lease, or rent a dwelling unit to an illegal alien, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, shall be deemed to constitute harboring..."

Oct. 18, 2006 - "An Ordinance of the City of Escondido, California Establishing Penalties for the Harboring of Illegal Aliens in the City of Escondido" (18 KB)