Before STEWART, Chief Judge, and REAVLEY, JOLLY, DAVIS, JONES,SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK,HAYNES, GRAVES, and HIGGINSON, Circuit Judges.
HIGGINSON, Circuit Judge, joined by CARL E. STEWART, Chief Judge, andW. EUGENE DAVIS, LESLIE H. SOUTHWICK, and HAYNES, CircuitJudges.“America’s history has long been a story of immigrants.”
That story, acomplicated history of inclusion and exclusion,
has unfolded according to law,but also contrary to law.
See Ex parte Kumezo Kawato
, 317 U.S. 69, 73-74(1942) (the United States is “a country whose life blood came from animmigrant stream.”). As the Supreme Court has emphasized—and indeed, asa constitutional imperative—a country’s treatment of non-citizens within itsborders can gravely affect foreign relations.
, 312 U.S. 52,62-68 (1941);
Arizona v. United States
, 132 S. Ct. 2492, 2498-99 (2012) (“It isfundamental that foreign countries concerned about the status, safety, andsecurity of their nationals in the United States must be able to confer andcommunicate on this subject with one national sovereign, not the 50 separateStates.”).The Ordinance at issue in this case and passed by the active citizens of the City of Farmers Branch (“Farmers Branch”) seeks to regulate non-citizens
Judge King did not participate in this decision.
Proclamation No. 6398, 56 Fed. Reg. 66,951 (Dec. 23, 1991) (Presidential speechcommemorating the hundredth anniversary of Ellis Island).
J. Shklar, American Citizenship: The Quest for Inclusion, 5 (1991).
Case: 10-10751 Document: 00512316701 Page: 2 Date Filed: 07/22/2013