Fremont immigration ordinance challenge won't get another day in court


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A sign reading "Space Available" is seen in front of a mural in Fremont in 2012.
19 hours ago • By LORI PILGER / Lincoln Journal Star(4) Comments


Fremont immigration law ruled legal


The U.S. Eighth Circuit Court of Appeals has turned down a request to rehear a challenge to a voter-approved ordinance prohibiting Fremont landlords from renting to people in the country unlawfully.


In a four-sentence order issued Thursday, the federal appeals court denied the petitions for rehearing en banc, or by the entire court, and by the three-judge panel that heard the case originally.


But, like the original ruling, the decision wasn't unanimous.


Three judges -- Kermit E. Bye of Fargo, N.D.; Lavenski R. Smith of Little Rock, Ark.; and Jane Kelly of Cedar Rapids, Iowa -- would grant the petitions for rehearing en banc, according to the order. And Senior Judge Myron H. Bright of Fargo, N.D., would grant rehearing by the panel.


To get a rehearing, a majority of the judges needed to support it. There are 11 active judges and four senior judges on the court.


Now, challengers will have 90 days to petition the U.S. Supreme Court to hear the case -- their only remaining option.


In 2010, Fremont voters approved the ordinance, which requires every potential apartment renter to pay $5 for an occupancy license from the Fremont Police Department and to show proof he or she is in the country legally.


The ordinance also required businesses to use federal E-verify software to check on potential employees' residency status.


Attorneys representing landlords, tenants, employers, the ACLU Nebraska Foundation and the Mexican American Legal Defense and Educational Fund challenged the ordinance in federal court, saying it violated state and federal laws.


In June, the three-judge panel upheld the ordinance and reversed an Omaha judge's ruling that certain rental provisions were pre-empted by the Immigration and Nationality Act and violated the Fair Housing Act.


The court sent the case back to Omaha with directions to dismiss it, a move delayed by the request for rehearing.


Reach Lori Pilger at 402-473-7237 or lpilger@journalstar.com or follow her on Twitter at LJSpilger.

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