Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.
Colony Ridge, an extensive residential project situated north of Houston, has rapidly emerged as a focal point in Texas politics.
After weeks of reports in conservative media portraying the development as a “magnet for illegal immigrants,” followed by state Republican leaders expressing alarm, Gov. Greg Abbott has promised that Colony Ridge will be addressed in an upcoming special legislative session, saying “serious concerns have been raised.”
On Monday, while speaking to radio host Dana Loesch, Abbott stated that they are actively gathering extensive information. The aim is to include any pressing matters that necessitate the establishment of a new law in Texas during the special session. This is to ensure that the state does not have any similar occurrences in the future.
The precise issues are unclear. Abbott suggested he is worried Colony Ridge has become a “no-go zone” where the state’s ban on “sanctuary cities” is not being enforced. But legal experts say there is no law against selling land to people who aren’t citizens and many of the more outlandish claims about the neighborhood have been accompanied with little or no evidence.
In addition, Abbott mentioned that the developers have been served subpoenas by the state to ascertain their financial activities. Furthermore, he stated that environmental regulators from the state are currently conducting an investigation into Colony Ridge and will soon provide an official report.
The development company, Terranos Houston, has dismissed suggestions that Colony Ridge is a haven for people in the country illegally as “slanderous” and “unsubstantiated.” Developer William Trey Harris, a major campaign donor to Abbott, told local media this week he is “a little disappointed in our state government that they are taking action based on lies and gossip.”
Despite this, state GOP leaders remain interested. The office of Attorney General Ken Paxton is currently investigating Colony Ridge, while Lt. Gov. Dan Patrick personally toured the development from the air on Monday. During his visit, Patrick had a conversation with Harris and concluded that the area’s rapid growth has left them understaffed and unable to adequately patrol the region.
The development, situated in rural Liberty County approximately 30 miles north of Houston, consists of several subdivisions. Patrick mentioned in his column that, during his fly-over, the developer informed him that the development spans nearly 33,000 acres and houses around 10,000 residents.
Over the previous weekend, the Texas GOP’s governing body, known as the State Republican Executive Committee, successfully adopted a resolution. This resolution emphasizes the need for action regarding Colony Ridge, proposing legislation that aims to hinder any additional settlement of individuals residing in the area without legal immigration status.
Abbott has not yet announced the specific date or agenda, but the upcoming special session is anticipated to commence in mid-October.
Harris, a renowned developer, is well-known for his generous donations to the Republican party, especially to the governor. He has generously contributed more than $1 million to Abbott’s campaigns and has also supported local politicians from Conroe, such as state Sen. Brandon Creighton and state Rep. William Metcalf.
According to Allison Tirres, a law professor at DePaul University and visiting professor at Santa Clara University School of Law, the sale of property to individuals in the U.S. has historically been a common practice, regardless of their immigration status.
She explained that while the Texas Legislature may attempt to enact a law prohibiting sales to individuals without legal status, it is highly probable that such a law would be deemed unconstitutional. The key point to remember is that states have considerable discretion in regulating property laws within their jurisdiction. However, these laws must not infringe upon the Constitution or contradict federal immigration laws and policies.
She said undocumented people don’t need a Social Security number to purchase property and can instead get an Individual Taxpayer Identification Number, which was created by the Internal Revenue Service in 1996 to allow immigrants who don’t qualify for a Social Security number to file their taxes.
According to Kathleen Campbell Walker, an immigration lawyer from El Paso and former president and general counsel of the American Immigration Lawyers Association, there are no state or federal laws that prevent undocumented immigrants from buying homes or land in the United States.
According to her, multiple cities throughout the nation have attempted to prohibit undocumented immigrants from renting apartments or purchasing homes, only to have these regulations consistently deemed unconstitutional by federal courts. Walker stated that, as per the law, there is no distinction between a foreign investor and an undocumented immigrant when it comes to buying property in Texas.
She said that the immigration status is irrelevant if foreign nationals can purchase property while sitting in their living room in London or their kitchen in Shanghai.
The city council of Farmers Branch, a suburb of Dallas, gave their approval to a set of ordinances in 2006. These ordinances aimed to prohibit landlords from renting out homes or apartments to undocumented immigrants. However, in July 2013, the U.S. Fifth Circuit Court of Appeals in New Orleans declared these ordinances unconstitutional. Subsequently, the city appealed the ruling, but the U.S. Supreme Court chose not to review the case.
That same year, Hazelton, Pennsylvania, passed a similar ordinance. The 3rd U.S. Circuit Court of Appeals affirmed a lower court’s ruling that the law was illegal.
In 2014, the 8th U.S. Circuit Court of Appeals let stand a Fremont, Nebraska, ordinance that required prospective renters to disclose their immigration status. If they can’t prove they’re in the country legally, the landlord can’t rent to that person under the ordinance.
The law remains in effect, but the state lacked the resources to enforce it, according to a 2014 news article on Nebraska Public Media.
According to César Cuauhtémoc García Hernández, an immigration attorney and law professor at Ohio State University, the presence of such laws in U.S. history is not unprecedented. In the early 20th Century, certain states introduced alien land laws, which prevented certain Asian immigrants from either owning or renting property, often based on their immigration status.
The U.S. Supreme Court made a ruling in 1948 stating that California’s alien land laws infringed upon the rights of a Japanese immigrant. The state had seized his farm simply because he was not a U.S. citizen. This landmark decision has since served as a precedent in legal battles questioning the ability of immigrants, irrespective of their status, to possess land or property in the United States.
Florida recently passed a law preventing Chinese nationals from buying land in the state, arguing that it was necessary for national security. García Hernández said this and similar laws are based on false narratives about immigrants.
He expressed, “These laws or proposed laws aim to single out migrants using weak assertions of promoting safety or security. I cannot comprehend the motivations of those who support such measures, but the past instances of laws limiting property ownership by migrants are filled with offensive allegations that portray migrants as unwelcome individuals in our society.”
