City approved ordinance also bars businesses from hiring illegal immigrants, and the ACLU expected to challenge ordinance in federal court
By H. Nelson Goodson
June 21, 2010
Fremont, Nebraska - On Monday, in a special election voters approved the proposed city ordinance 5165 by a margin of 3,906 to 2,908, a 45.7% registered voter turnout. The ordinance bars businesses from hiring illegal immigrants and will also prevent landlords from renting to illegal immigrants, if enacted. Now, illegal immigrants would have to apply for an "occupancy license" with the city council. No date has been set by the city council to implement measure.
The City of Fremont and officials will most likely face multi-million dollar lawsuits and years of challenges trying to implement the measure. Voters who approved the measure will have to pay for the legal challenges through higher taxes and budget cuts and services. Fremont City Council President Gary Bolton is expected to redirect city funds for the anticipated court challenges by Civil Rights groups, businesses and landlords.
The measure had been debated for almost two years, and supporters were able to bring the measure for vote by city eligible voters. "Who ever voted for it to pass and the city council that pushed the measure seemed to lack common sense because now the costly court challenges begin, and who is going to end up paying for that, we are. It'll be a waste of taxpayers money, that should be use to fund much needed city services, especially during a recession. It's nuts that Fremont voters passed it, now they will pay for it, because other similar measures have been ruled unconstitutional by federal judges and 5165 won't be an exception either," said a Fremont voter who opposed the measure and didn't want to be identified.
In 2008 Census, Fremont had a 4% of foreign born residents in a population of 22,000. Today's population is between 25,000 to 27,000, according to city officials. Most Latinos living in Fremont are U.S. Citizens who opposed the measure are calling it discriminatory, racist and illegal.
Undocumented immigrants that work in meat packing companies near Fremont do reside outside city limits.
The American Civil Liberties Union (ACLU) had vowed to sue the City of Fremont, if the measure was approved. ACLU will file a lawsuit within several weeks.
Two other cities had pass similar measures, but federal judges struck down those measures. In July 2007, the City of Hazleton, Pennsylvania measure in Lozano v. Hazleton was ruled that immigration law should be left for the federal government and the federal judge declared it unconstitutional as well. Hazleton is appealing the ruling.
In May 2008, the Farmers Branch, Texas measure banning landlords from renting to illegal immigrants was declared unconstitutional by a federal court. Both cities have not been able to enact similar measures in four years, due to lengthy and costly court challenges.
Fremont is expected to join Hazleton and Farmers Branch in a lengthy legal battle that could eventually bankrupt the city.
The ballot read:
"Shall the City of Fremont, Nebraska, enact proposed Ordinance No. 5165, amending the Fremont Municipal Code to prohibit the harboring of illegal aliens or hiring of unauthorized aliens, providing definitions, making provision for occupancy licenses, providing judicial process, repealing conflicting provisions, and establishing an effective date for this ordinance?"
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By H. Nelson Goodson
June 21, 2010
Fremont, Nebraska - On Monday, in a special election voters approved the proposed city ordinance 5165 by a margin of 3,906 to 2,908, a 45.7% registered voter turnout. The ordinance bars businesses from hiring illegal immigrants and will also prevent landlords from renting to illegal immigrants, if enacted. Now, illegal immigrants would have to apply for an "occupancy license" with the city council. No date has been set by the city council to implement measure.
The City of Fremont and officials will most likely face multi-million dollar lawsuits and years of challenges trying to implement the measure. Voters who approved the measure will have to pay for the legal challenges through higher taxes and budget cuts and services. Fremont City Council President Gary Bolton is expected to redirect city funds for the anticipated court challenges by Civil Rights groups, businesses and landlords.
The measure had been debated for almost two years, and supporters were able to bring the measure for vote by city eligible voters. "Who ever voted for it to pass and the city council that pushed the measure seemed to lack common sense because now the costly court challenges begin, and who is going to end up paying for that, we are. It'll be a waste of taxpayers money, that should be use to fund much needed city services, especially during a recession. It's nuts that Fremont voters passed it, now they will pay for it, because other similar measures have been ruled unconstitutional by federal judges and 5165 won't be an exception either," said a Fremont voter who opposed the measure and didn't want to be identified.
In 2008 Census, Fremont had a 4% of foreign born residents in a population of 22,000. Today's population is between 25,000 to 27,000, according to city officials. Most Latinos living in Fremont are U.S. Citizens who opposed the measure are calling it discriminatory, racist and illegal.
Undocumented immigrants that work in meat packing companies near Fremont do reside outside city limits.
The American Civil Liberties Union (ACLU) had vowed to sue the City of Fremont, if the measure was approved. ACLU will file a lawsuit within several weeks.
Two other cities had pass similar measures, but federal judges struck down those measures. In July 2007, the City of Hazleton, Pennsylvania measure in Lozano v. Hazleton was ruled that immigration law should be left for the federal government and the federal judge declared it unconstitutional as well. Hazleton is appealing the ruling.
In May 2008, the Farmers Branch, Texas measure banning landlords from renting to illegal immigrants was declared unconstitutional by a federal court. Both cities have not been able to enact similar measures in four years, due to lengthy and costly court challenges.
Fremont is expected to join Hazleton and Farmers Branch in a lengthy legal battle that could eventually bankrupt the city.
The ballot read:
"Shall the City of Fremont, Nebraska, enact proposed Ordinance No. 5165, amending the Fremont Municipal Code to prohibit the harboring of illegal aliens or hiring of unauthorized aliens, providing definitions, making provision for occupancy licenses, providing judicial process, repealing conflicting provisions, and establishing an effective date for this ordinance?"
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