Judge Rejects Part of a Nebraska City's Ordinance
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February 25th, 2012
Nebraska: District of Nebraska Judge Laurie Smith Camp rejected part of Nebraska city Fremont's ordinance that was passed by voters in 2010. The ordinance denies housing permits to illegal immigrants. However, Judge Camp upheld the requirement that employers must verify the citizenship status of any person they hire.[1]
Judge Camp found the Fremont ordinance violated federal law, as well as being discriminatory in some of its housing provisions. Judge Camp has also gone on to determine that the city of Fremont can still require any person seeking to rent property to apply for a five-dollar city permit and to swear that they are legally in the United States.[1]
Both sides of the immigration debate were happy with the ruling and have claimed victory, which comes from the combined lawsuit that was filed by both the American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund.[1]
However, the victories are being seen differently. Shirley Mora James, who worked with the Mexican American Legal Defense and Educational Fund, stated that, "It's a good day in Nebraska. It's a good day in America."[1]
Mora James sees the housing penalties being struck down as a very definite victory for immigrants and in her opinion, "The court has gutted the ordinance, in my view. I do not see this as a victory for Fremont."[1]
Fremont attorney and Kansas Secretary of State Kris Kobach said that the ordinance was mostly upheld, including the requirement that all employers must use the federal E-Verify database that ensures all employees are legally in the United States. "This vindicates the city's position," said Kris Kobach.[1]
As an anti-immigration crusader, Kobach has helped to draft tough laws on immigration in states such as Arizona, Alabama, and South Carolina, among others.[1]
See also
Footnotes
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Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: District of Nebraska • U.S. Bankruptcy Court: District of Nebraska
State courts:
Nebraska Supreme Court • Nebraska Court of Appeals • Nebraska District Courts • Nebraska County Courts • Nebraska Separate Juvenile Courts • Nebraska Workers' Compensation Court • Nebraska Problem-Solving Courts
State resources:
Courts in Nebraska • Nebraska judicial elections • Judicial selection in Nebraska
