Thread: Judge upholds most of Fremont's illegal immigrant ordinance

Judge upholds most of Fremont's illegal immigrant ordinance

Chris Zavadil/Fremont Tribune

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.

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.

Judge upholds most of Fremont's illegal immigrant ordinance

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From our readers.

Thanks for being on the right side

Jerry A. Hart

FremontFremontTribune.com
February 24, 2012 11:00 am

To all of you who supported Fremont’s illegal alien ordinance, I say thank you and congratulations. Thank you to Bob Warner for first proposing an ordinance, thank you to John Copenhaver for suggesting the petition route, thank you to John Wiegert and Wanda Kotas for spearheading the petition, thank you to all who worked so hard gathering signatures, thank you to Kris Kobach for doing such a marvelous job representing the city, and especially thank you to all the voters who went to the polls and made their voices heard. Your voices were heard, illegals are not welcome. It has been a long, hard fight. It is sad the city chose to do nothing, leaving citizens to fight to get laws already on the books enforced.

There have been only two sides to this issue; a right side and a wrong side. All of you, who supported this ordinance, are on the right side. The city of Fremont who fought this ordinance tooth and nail, the Chamber of Commerce and Ron Tillery who opposes this ordinance in spite of the vote (obviously, Mr. Tillery doesn’t know that under federal law it is illegal to hire illegals and E-Verify only works if rejected SSNs are followed up on), groups like “One Fremont, No Future”, and people who use illegals to line their pockets, you are on the wrong side. It is nice to see the judge upheld what is right. This is indeed a victory for the citizens and the country.

The ACLU and MALDEF are trying to spin this decision as a victory for the illegals. I guess when you get something you are not entitled to (the occupancy ruling) it is considered a victory of sorts, that way the illegals think they have won. The reality is they lost. As I was always taught, getting 25 percent on a test is failure, not success. Apparently these people have a totally different concept of the meaning of failure and success.

We will be electing a mayor this year. The current mayor obtained the position by default, not by being elected. The current mayor is an adamant opponent of this ordinance. He didn’t listen to the people and he didn’t care. He only cared about certain special interest groups. Remember that when you go to the polls. If you want a mayor who will listen to the people, hear them and care about what they have to say the current mayor is not your man. Based on his quotes concerning this ordinance, Aaron Paden isn’t either. Craig Corn seems to be that man. If we elect the right people, maybe the citizens won’t have to use the petition process again.

Fremont Tribune

Fremont, Nebraska City Council

Fremont, NE - Official Website - City Council

to discuss judge’s ruling on illegal immigrant ordinance TONIGHT, 02/28 http://bit.ly/hXfnLz

Scott.Getzschman@fremontne.gov, Steve.Navarrette@fremontne.gov, Kevin.Eairleywine@fremontne.gov, Mark.Stange@fremontne.gov, Larry.Johnson@fremontne.gov, Sean.Gitt@fremontne.gov, Todd.Hoppe@fremontne.gov, John.Anderson@fremontne.gov, Jennifer.Bixby@fremontne.gov,