Town's Rental Ban Attempts to Keep Illegal Immigrants Out of Homes (VIDEO)

A Texas town in the suburb of Dallas may be closer to its mission of keeping illegal immigrants from renting homes.

Farmer's Branch has been granted the rare opportunity to put their case before the appeals court for the second time, only months after it was ruled against. The case involves an ordinance, which would effectively ban illegal immigrants from renting homes.

The current ordinance "would require all renters to obtain a $5 city license and fill out an application that asks about their legal status," according to CBS News.

Those who could not prove their legal status would not be allowed to rent a home, and any landowner who knowingly rented a home to an illegal immigrant could face fines. In addition, city building inspectors would be permitted to evict illegal immigrant renters.

Four years ago the town was sued by renters and landlords whose attorneys argued that the town was encroaching on legal territory reserved for federal authorities.

In March a three-judge panel on the appeals court ruled that the ordinance was "unconstitutional and impermissibly interferes with the federal immigration system."

The case will go before full 5th Circuit in New Orleans on Wednesday. The court hears cases from Texas, Louisiana and Mississippi, and its rulings are binding in those states only.

The court is considered to be extremely conservative and having a second opportunity has been considered rare, only 5 percent of cases are heard for a second time, but that does not mean that the court will allow the ordinance.

According to an AP report, so far "both sides have argued that a recent U.S. Supreme Court ruling on Arizona's tough immigration law supports their positions."