Illegal immigration: Fremont, Neb., ordinance partly rejected

A federal judge has rejected part of an ordinance in Fremont, Neb., that is designed to discourage illegal immigration in the city of 25,000, the Lincoln (Neb.) Journal Star reported.

US District Judge Laurie Smith Camp ruled that several provisions in the ordinance, which voters approved in 2010, are preempted by the federal Immigration and Nationality Act, the Fremont (Neb.) Tribune reported. These include a provision prohibiting the harboring of illegal aliens and a section that would have denied housing permits to illegal immigrants.

The American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund, which had sued Fremont over the ordinance, claimed victory, the Associated Press reported. "The court has gutted the ordinance, in my view. I do not see this as a victory for Fremont," attorney Shirley Mora James, who worked with MALDEF on the case, told the AP.

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But the attorney for Fremont, Kris Kobach, said the city had won. "The decision represents a victory for the citizens of Fremont and a vindication of the enactment of this ordinance," Kobach, who is also the secretary of state in Kansas, said, according to the Lincoln Journal Star. While the ruling prevents the city from revoking occupancy permits for illegal immigrants, it can still require prospective renters to apply for a $5 city permit and look into their citizenship status, he said.

The judge also upheld a requirement that Fremont business owners must use the federal E-Verify database to find out whether employees are legal, the AP reported. In other cities, use of the system is voluntary, Kobach told the Lincoln Journal Star.

Kobach told the Lincoln Journal Star that Fremont is discouraging illegal immigration to protect its citizens from unlawful competition for jobs, reduce the financial burden that goes with residents living there illegally and combat the potential for crimes to be committed by those living there illegally. "And I think all three of those will be served by being able to put three-quarters of the ordinance in effect,” he added.

Fremont employers will get 60 days to start using the E-verify database, so that part of the ordinance likely won’t take effect until May, the AP reported. The other parts of the ordinance will go into effect on Mar. 5, the Fremont Tribune reported.

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