Judge upholds most of Fremont's illegal immigrant ordinance

A U.S. District Court judge today upheld most of Fremont's illegal immigrant ordinance, striking down only a portion that refers to revoking occupancy licenses.

Judge Laurie Smith Camp issued a declaratory judgment and permanent injunction declaring void provisions prohibiting the harboring of illegal aliens, providing for the revocation of occupancy licenses, and providing for certain penalties following the revocation of occupancy licenses.

Feb. 21, 2012
by Chris Zavadil
Fremont Tribune

Smith Camp wrote that those provisions are preempted by the Immigration and Nationality Act.

Attorney Kris Kobach, who wrote the ordinance and defended it against lawsuits by the American Civil Liberties Union and Mexican American Legal Defense and Educational Fund, said he was pleased with the ruling.

"Overall, 75 percent of the ordinance goes into affect," he said.

"The city is allowed to require tenants to get an occupancy license, and the city is allowed to have tenants fill out a form in which they either swear that they are U.S. citizens, or if they are aliens indicate any number that authorizes the alien to be in the United States," he said.

"The city is then allowed to request the federal government to report, whether the alien is lawfully or unlawfully in the United States," he continued.

"It’s only the final step of the housing section that the judge said the city can’t do, and that is revoke the occupancy license," Kobach said.

Kobach said the remainder of the ordinance will go into affect on March 5, and businesses need to register for E-Verify by May 4.

This is a breaking news story. Check back for additional details and in Tuesday's Fremont Tribune.