ACLU Plans Legal Fight if Immigration Ban Passes
Posted: Jun 06, 2010 1:00 PM PDT

Fremont, NE - The American Civil Liberties Union warns it will go to court to stop a proposed immigration law in Fremont, if voters approve it in two weeks. The law would ban hiring or renting to illegal immigrants.

The ACLU will ask for a court order to stop the law from taking effect if it passes. "We are hopeful that the voters will reject this pointless initiative," says ACLU Nebraska Legal Director Amy Miller, "The law is crystal clear. Only the federal government can make laws about immigration. States and towns are out of line when they enter this area."

Under the proposal, renters would have to get a license from the city. City officials would then be required to check a database to see if renters are in the country legally. Employers would be required to check workers against the federal E-Verify database to see if they are in the country legally.

The attorney representing the Fremont residents who sought the vote, expects the ACLU's threat of legal action. "They will quite often threaten communities with legal action," says Kris Kobach, "sometimes they follow through with legal action, but rarely do they actually prevail."

Supporters of the proposal say it's needed to make up for what they see as lax enforcement by federal officials. Opponents say it could fuel discrimination.

The Fremont City Council considered a policy similar to the proposed ordinance in 2008 and rejected it. Proponents collected enough petition signatures to call for a public vote. The Nebraska Supreme Court refused to stop the election.

The election is June 21. Early voting started last week.

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