Fremont Suspends New Law

Fremont suspends new law
By Cindy Gonzalez
WORLD-HERALD STAFF WRITER


FREMONT, Neb. - The Fremont City Council voted Tuesday night to suspend its controversial immigration ordinance until lawsuits challenging it are resolved.

No council debate or sparks preceded the 8-0 vote that took place before a packed council chamber holding about 80 spectators. Several police officers were stationed at entrances.

Council President Scott Getzschman said the decision does not mean the council is disregarding the results of the June 21 public vote to ban the housing and hiring of illegal immigrants in the city.

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Rather, he said, the council is anticipating a court order to temporarily block enforcement of the law anyway. He said suspending the ordinance could hold down legal fees.

“Truly, the temporary restraining order was imminent,” Getzschman said after the vote. “We were advised that if we actually suspend the ordinance ahead of those legal proceedings, we’d have an opportunity to possibly reduce costs.”

When pressed on how much might be saved, he said, “Costs are costs, and it’s saving money we don’t have.”

If the experience of other cities facing similar legal challenges is any indication, the Fremont ordinance that was to take effect Thursday now could be up in the air for years.

The cities of Hazleton, Pa., and Farmers Branch, Texas, both adopted similar ordinances. Their laws have yet to be enforced because they’ve been in costly court battles for four years.

Pointing to Hazleton and Farmers Branch, Fremont officials have estimated that it would cost taxpayers up to $1 million a year to defend the law. They said the city would have to spend $200,000 annually to cover the staffing to enforce it.

Two civil rights organizations the American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund (MALDEF) have filed federal lawsuits against the Fremont law.

The groups say the ordinance usurps the federal government’s authority to make immigration laws and discriminates against Latinos and renters.

But supporters of the law say it is needed because the government has been lax and selective on immigration enforcement.

While several people testified against suspending the ordinance, even a man who led the petition drive in favor of the measure urged the council to delay implementing it.

“We should delay it and get it done the right way,” said John Weigert.

He noted that Kansas City attorney Kris Kobach, who helped draft the Fremont ordinance and the Arizona immigration law, had recommended suspension as well.

Kobach told The World-Herald earlier that a delay would save money and some legal maneuvering. It also would allow the court to move more swiftly to a judgment on the full merits of the case.

Terry Flanagan of Fremont told the council that it should not ignore the voters’ wishes.

“We put you in charge of the store,” he said. “But you don’t own the store.”

As the Fremont ordinance is written, every potential renter must give personal information and $5 to the Police Department to obtain an occupancy license.

Police then would submit information on noncitizens to the federal government or check federal databases themselves.

If a renter’s legal status is found to be in question, the landlord is notified. If not remedied in two months, the occupancy license would be revoked.

Employers would be required to check the immigration status of applicants by using E-Verify, an electronic verification system.

Despite the City Council’s decision, attorneys say a hearing Wednesday in federal court to temporarily block enforcement of the ordinance was still on.

Shirley Mora James, a Lincoln attorney who is co-counsel of MALDEF, said the group can’t be assured that the Fremont council won’t vote later to implement the ordinance.

“They could pass a resolution next week to change their mind,” said Mora James.

The ordinance has divided this town of 25,000 west of Omaha ever since the City Council first considered the measure two years ago.

After the council’s vote, a group of about 20 people led by an Omaha Presbyterian minister and a police escort walked 11⁄4 miles to a trailer park inhabited by mostly Latino residents. They delivered roses of “compassion and solidarity.”

The Rev. Howard Dotson said he had learned of a few incidents of alleged harassment since the ordinance was approved by voters. He said a house was shot at by a BB gun. Someone knocked on another Latino resident’s door and said they were not welcome in town.

“This is ground zero for anti-immigrant sentiment in Nebraska,” Dotson said.