Villas at Parkside Partners v. City of Farmers Branch

HIGGINSON, Circuit Judge,

joined by CARL E. STEWART, Chief Judge, and W. EUGENE DAVIS, LESLIE H. SOUTHWICK, and HAYNES, Circuit Judges.

“America’s history has long been a story of immigrants.”1 That story, a complicated history of inclusion and exclusion,2 has unfolded according to law, but also contrary to law. See Ex parte Kumezo Kawato, 317 U.S. 69, 73-74, 63 S.Ct. 115, 87 L.Ed. 58 (1942) (the United States is “a country whose life blood came from an immigrant stream.”). As the Supreme Court has emphasized — and indeed, as a constitutional imperative — a country’s treatment of non-citizens…