Tuesday, March 27, 2012

The Fremont (NE) Battleground

Appeals have been filed on both sides following last month’s summary judgment on Fremont’s illegal immigration ordinance. The City of Fremont filed a cross appeal after the American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund appealed to the 8th Circuit Court of Appeals last week.

U.S. District Court Judge Laurie Smith Camp upheld parts of Ordinance 5165 and struck down other parts in a declaratory judgment on Feb. 20.

Smith Camp issued a permanent injunction and declared void provisions prohibiting the harboring of illegal aliens, providing for the revocation of occupancy licenses and penalties following the revocation of occupancy licenses. Smith Camp wrote those provisions are preempted by the Immigration and Nationality Act and violate the Fair Housing Act.

The rest of the ordinance, however, was upheld, including portions authorizing the city to issue occupancy licenses. The Fremont City Council voted on Feb. 28 to enact employment portions requiring the use of E-Verify, and to continue delaying the rest of the ordinance until legal challenges have been settled.

Amy A. Miller, ACLU Nebraska legal director, announced in a Feb. 28 letter to the city council that the ACLU would appeal Smith Camp’s decision, “because we remain convinced that the entire ordinance is an illegal use of city power.”

The ACLU and MALDEF each appealed Smith Camp’s decision to uphold portions of the ordinance allowing the city to issue occupancy licenses.

The ACLU is also challenging whether Smith Camp’s decision to deny plaintiffs’ claims that the ordinance exceeds the city’s municipal authority, and her ruling that parts of the ordinance found to be invalid are severable from other parts of the ordinance.

The city, in its cross appeal, takes issue with Smith Camp’s ruling holding that parts of Ordinance 5165 are preempted by federal law and violate the Fair Housing Act.

Attorney Kris Kobach of Kansas City, Kansas, who wrote the ordinance and is defending it on behalf of the city, also questions whether plaintiffs have standing to claims in the case.


Recent posts at CIS below

See here for the blog. The CIS main page is here.

1. Panel: The Summer Work Travel Program The $100 Million Work Travel Industry (Video and Transcript)

2. An Unintended Trifecta EB-3: Is the Worst of the Foreign Worker Programs (Memorandum)

3. Brushbacks, Proxies, and Connecting the Dots: Our Immigration Policies Still Put Us at Risk in a Post-9/11 World (Memorandum)

4. Visas for Sale (Op-ed)

5. New DHS Estimates Confirm that Illegal Immigrant Population Stopped Declining Under Obama (Blog)

6. Rethinking TPS for the Syrians: Let's Make It a Freeze, Not a Bonanza (Blog)

7. Sadly Laughable and Laughably Sad: ICE Plans for Improving Employee Morale (Blog)

8. State Department's OIG Rips the Summer Work Travel Program (Blog)

9. New York State's 'Dream Act': 'Good Character' Equals No Violent Felony Conviction (Blog)

10. Medieval Farm Labor Practice OK'd by USCIS (Blog)

11. The Homeland Security Show with Janice Kephart - Premiere Show (Blog)

12. New York State's 'Dream Act': Committing Most Crimes Is No Barrier (Blog)

13. New York State's 'Dream Act': An Ongoing Incentive for More Illegal Immigration (Blog)

14. Suggestions for a Term to Replace 'Illegal Immigrant' (Blog)

15. Less Profit, More Oversight Needed for Exchange Sponsors (Blog)

16. New York State's 'Dream Act' for 'Children': Bait & Switch (Blog)

17. Unfortunate Precedent — the Uruguayan ID Card for Its Illegals (Blog)

18. New York State's 'Dream Act': An Unnecessary Bill (Blog)

19. An Unintended Burst of Governmental Honesty? (Blog)

20. What Will It Take to Get Congress to Clean Up the H-1B Program? (Blog)

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