| Published: | Jul 27, 2010 1:12 PM EDT |
| Updated: | Jul 27, 2010 10:13 AM EDT |
OMAHA, Neb. (AP) - Faced with expensive legal challenges,
officials in the eastern Nebraska town of Fremont are considering
suspending a voter-approved ban on hiring or renting property to
illegal immigrants until the lawsuits are resolved.
The City Council narrowly rejected the ban in 2008, prompting
supporters to gather enough signatures for the ballot measure. The
ordinance, which was approved by voters last month, has divided the
community. Supporters say it was necessary to make up for what they
see as lax federal law enforcement and opponents argue that it
could fuel discrimination.
But the council's president, Scott Getzschman, insisted the
elected body was concerned about money, not about any lack of
support for the ordinance. The City Council is scheduled to vote on
suspending the ban on Tuesday night, a day before the city goes to
court over the measure.
The city faces lawsuits from the American Civil Liberties Union
and the Mexican American Legal Defense & Educational Fund. City
officials have estimated that Fremont's costs of implementing the
ordinance - including legal fees, employee overtime and improved
computer software - would average $1 million a year.
Getzschman said it's not clear how much money the city would
save by suspending enforcement of the ordinance. A court hearing is
scheduled for Wednesday, when a federal judge was expected to
consider whether to temporarily block the ban from taking effect as
scheduled Thursday. That hearing would likely still take place,
though it could be shorter than expected.
Getzschman insisted the council is trying to act in the city's
best interests and limit legal costs, even if the savings are
small. In the meantime, the city has postponed informational
meetings on the ban that were scheduled for this week.
"It just boils down to the fact that the restraining order and
injunction is imminent," Getzschman said. "And as a city of
Fremont, we're looking at ways of reducing costs."
Ricardo Meza, lead attorney for the Mexican American Legal
Defense & Educational Fund, said that while his group would support
a suspension of the ban, a court order temporarily blocking the
ordinance could still be needed if the language of the city's
resolution is unclear.
The ordinance has put Fremont on the list with Arizona and other
cities in the national debate over immigration regulations.
Arizona's sweeping law also takes effect Thursday and requires
police who stop people suspected of violating a law to check the
immigration status of anyone they think is in the country
illegally.
The ACLU and the Mexican American Legal Defense & Education Fund
say the Fremont ordinance amounts to discrimination.
It would require employers to use a federal online system that
checks whether a person is permitted to work in the U.S.
It also would require people seeking to rent property to apply
for a $5 permit at City Hall. Those who said they were citizens
would receive a permit and would not have to provide documents
proving their legal status. Those who said they weren't citizens
would receive permits, but their legal status would be checked. If
they're found to be in the country illegally and are unable to
resolve their status, they would be forced to leave the property.
Landlords who knowingly rent to illegal immigrants could be
subject to $100 fines.
Amy Miller, legal director of ACLU Nebraska, said suspending the
ordinance would ensure her clients wouldn't be harmed and could
help heal some of the division in the city over the issue.
"If the City Council decides to stop the law from going into
effect themselves, that would be a step in the right direction,"
Miller said.
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