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  1. #1
    Senior Member FedUpinFarmersBranch's Avatar
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    NE-Fremont Immigration Case Before Nebraska's High Court

    Posted: 12:32 PM Jan 5, 2010
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    Fremont Immigration Case Before Nebraska's High Court


    Attorneys for an eastern Nebraska city will take their arguments to the state's high court this week in hopes of defeating a proposal to control illegal immigration.

    The Nebraska Supreme Court will hear arguments Thursday in an appeal filed by the city of Fremont.

    The city wants to overturn a Dodge County district judge's ruling. Judge John Samson said last April that he couldn't stop a special election on a proposal to ban renting to and hiring illegal immigrants within city limits. Residents collected enough signatures to put the proposal on the ballot after the City Council rejected a similar policy.

    City officials argue that they don't have authority to enact the policy and it would make the city vulnerable to costly legal challenges.


    http://www.wowt.com/home/headlines/80719047.html
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  2. #2
    Senior Member Captainron's Avatar
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    City officials argue that they don't have authority to enact the policy and it would make the city vulnerable to costly legal challenges.

    This is the fruit of unrestricted immigration. Thanks! Pres. Reagan, Bush, Clinton, GW and Obama.

    Without such a multitude of illegal immigrants the special interest lawyers would be dropping out of the industry.
    "Men of low degree are vanity, Men of high degree are a lie. " David
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  3. #3
    Administrator Jean's Avatar
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    Published Thursday January 7, 2010
    Court hears immigration law case

    By Leslie Reed
    WORLD-HERALD BUREAU

    LINCOLN — The City of Fremont on Thursday asked the Nebraska Supreme Court to allow it to block an anti-illegal immigration ordinance before it can go to voters for approval.

    The proposed ordinance would prohibit residents from hiring illegal immigrants and from renting living quarters to those who can't prove their citizenship.

    The Fremont City Council, with a tie-breaking vote cast by the mayor, rejected the ordinance in 2008. Three residents -- Jerry Hart, Wanda Kotas and John Wiegert -- then mounted a successful petition drive to place the proposal on the ballot.

    Fremont officials contend that the proposed ordinance conflicts with federal housing law and that the city lacks authority to enact such a measure. In April, a district judge rejected their arguments, saying he does not have the authority to decide the validity of an ordinance that has not yet been enacted.

    Today's arguments before the Nebraska Supreme Court focused almost entirely on the mechanics of Nebraska's initiative petition, with almost no discussion of immigration policy.

    The lawyer for the petition drive leaders, Kris Kobach, argued that it violates constitutional requirements for the separation of powers for a court to issue an "advisory opinion" on the validity of a legislative proposal before its enacted. Kobach is a law professor with the University of Missouri-Kansas City. His legal fees are being paid by the Immigration Reform Law Institute, a national organization.

    Lawyers for Fremont, including City Attorney Dean Skokan, argued that local initiative petitions lack the protection of the Nebraska Constitution and the Legislature has granted the courts authority to review the petitions before they go on the ballot. Skokan told the court that stopping the ballot issue would save the city election costs and prevent unnecessary turmoil.

    The court is not expected to rule on the issue for six weeks or more. Even if it rules in Fremont's favor, the case likely would return to the Dodge County District Court to determine whether the proposed ordinance would conflict with federal law.

    http://oneoldvet.com/

    http://www.omaha.com/article/20100107/NEWS01/100109767
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