Revised immigration ordinance includes hiring

A copy of a new proposed ordinance targeting illegal immigrants was released late Thursday morning, and the new version includes everything Fremont City Council member Bob Warner was wanting.

The original version of the proposed ordinance prohibiting the harboring of and renting to illegal immigrants, but Warner wanted the proposed ordinance to include a provision to prohibit the hiring of illegal immigrants.



Read the proposed ordinance here

The new version includes that provision.

The new provision would "discourage" businesses within the city to hire or continue to employ anyone "who is an unauthorized alien."

But the proposed ordinance doesn’t simply prohibit hiring illegal immigrants. There are specifics written into the proposed ordinance.

In order for any business to apply for any type of city license or permit or apply for a grant or loan from the city a representative of that business must execute an affidavit stating that the business "does not knowingly employ any person who is an unauthorized alien."

The city does not require businesses to have a business license.

The business is also required to register with the U.S. Department of Homeland Security E-Verify program, which allows businesses to verify an immigrants legal status through an online service.

But the new section isn’t the only difference in the new proposed ordinance.

While both versions prohibit harboring or renting to an illegal immigrant, the original version of the ordinance placed all penalties for violating that section on a rental property tenant. In that draft, anyone renting an apartment or a house in the city without a current occupancy license would be fined up to $500.

The new version of the ordinance places equal responsibility on tenants and landlords with a fine of $100 for each violation upon conviction in Dodge County Court.

The original version of the ordinance was introduced at the July 8 city council meeting but without a section prohibiting hiring of illegal immigrants.

City attorney Dean Skokan said including verbiage outlawing the hiring of illegal immigrants would hinder the city in any lawsuit because of a 1997 Nebraska attorney general opinion that says the state has no authority over that matter. Attorney General Jon Bruning said he supports that earlier opinion.

Skokan said it's likely that if the proposed ordinance would pass it would land the city in court.

"We are a subdivision of the state," Skokan said at the July 8 meeting. "Going against our own state provision would increase the likelihood of a lawsuit, make the difficulty of winning such a lawsuit greater and make the consequences of losing greater. I have not read a single decree where this type of ordinance was upheld."

Skokan said this week that he found a case from Valley Park, Mo., that was upheld in a federal court in Missouri. The case is currently in the Eighth District Court of Appeals, which also has jurisdiction over Nebraska.

Warner said he will continue to push for this ordinance "as long as I have the majority of the people of Fremont behind this."