Nebraska city's immigrant ordinance faces similar hurdles as SB 1070

Jul 20, 2010 — East Valley Tribune

Dan Zeiger

Jul. 20, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- An area is receiving national attention as it braces for a lawsuit to prevent strict immigration legislation from going into effect on July 29.

It is happening in Arizona -- and on a smaller scale in Fremont, Neb., a city of about 25,000 residents located 35 miles northwest of Omaha. On the same day SB 1070 takes effect, Fremont is scheduled to begin enforcing an ordinance that punishes landlords who rent to illegal immigrants and employers who hire them.

If -- just as in Arizona -- the legislation survives a court challenge. The Nebraska American Civil Liberties Union has promised it will pursue legal action, though no suit has been filed.

"I don't know how much we have in common with what's going on in Arizona," Fremont city administrator Tom Hartwig said. "I think the main thing here is that we want our community to stay strong. ...

"But I do think there is a feeling here that Washington needs to do something to control undocumented immigration. That's a very important message that I think the citizens of Fremont are trying to send."

On June 21, Fremont voters approved the ordinance, 57 percent to 43 percent, in a special election.

Kris Kobach, a law professor at the University of Missouri-Kansas City and candidate for Kansas Secretary of State, wrote the Fremont ordinance and is a co-author of Arizona's immigration law, which requires officers to verify whether a person is in the country legally when "reasonable suspicion" exists.

On Thursday, a U.S. District Court judge hears arguments on a preliminary injunction request on SB 1070 by the U.S. Department of Justice.

That is where the similarities between the cases end. Hartwig said Fremont City Hall did not seek input or advice from anyone in Arizona state government, preferring the counsel of other municipalities that have pursued immigration ordinances.

In 2007, a judge struck down a Fremont-like ordinance in Hazelton, Pa., stating that immigration enforcement is exclusive to the federal government. Two years ago, a Farmers Branch, Texas, rule prohibiting apartment rentals to illegal immigrants was struck down in court. Both cities have appealed.

However, a Valley Park, Mo., ordinance denying business licenses to employers hiring undocumented immigrants was upheld by the 8th Circuit Court of Appeals in 2008. That rule has not been enforced because the Missouri Legislature passed a law that has supremacy over the city's ordinance.

A court fight would be expensive. According to a fact sheet prepared by Fremont City Hall prior to the election, Hazelton has spent $5 million in legal fees and Farmers Branch $3.2 million.

"We're anticipating costs of $1 million a year," Hartwig said. "The method of paying for it that the staff will recommend in the budget process is a property-tax increase. That amounts to a $7.7 million property-tax increase, equivalent to $154 a year on a $200,000 house."

A defense fund was set up earlier this month, and it received $410 in the first week, Hartwig said.

--

CONTACT WRITER: (480) 898-6301 or dzeiger@evtrib.com

Newstex ID: KRTB-0132-47140597