Revised immigration ordinance includes hiring

By Don Bowen/Fremont Tribune
Friday, Jul 25, 2008 - 09:52:35 am CDT

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."

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wondering
Jul 25, 2008 10:52 AM
I wonder...since Hormel, Fremont Beef and possibly other companies just south of downtown Fremont are not inside city limits, will this ordinance really have an impact? Also, if illegal immigrants cannot live with city limits of Fremont but are working here, won't they just move to unincorporated areas or Inglewoood, etc. and drive in anyway? Don't get me wrong, I am not for illegal immigration in any way, shape or form but I am not certain that this ordinance will accomplish what the goal is and do it without a great financial cost to the city in lawsuits. I'm sure the ACLU and/or others are already gearing up to file a lawsuit.
Resident of Fremont
Jul 25, 2008 11:10 AM
Why does Mr. Warner want to fight this battle so desperately? If the City of Fremont has "extra" money that's just burning a whole in the City Council's pocket that they are willing to spend on all the court costs that will surely come from this proposed ordinance, I know of 100 other places they could spend it. I'm sure the Police & Fire Dept has projects that could use a few extra dollars. Or how about the schools or maybe the Parks & Rec Dept? I'm guessing they can find a home for what the City would end up spending in court costs. My advice to Mr. Warner - advocate this to Capital Hill where in the end it will make the biggest difference.
Nancy
Jul 25, 2008 11:15 AM
Is the occupancy license to all renters in Fremont? How will that be handled with people who have lived in their rental for years). Do they fall under some kind of a grandfather clause? I rent and don't have a problem with the license but I have been in my place for many many years.
Ivan
Jul 25, 2008 11:30 AM
I agree with Resident of Fremont. Blob Warner has NO plan for the financial costs of this. How is the city going to finance this?? And, certainly there are better things to be spending money on in this town including fire and police. This is crazy and I really hope Blob Warner's comment about having the majority of poeple of Fremont behind this is a nail in his coffin. I think there are far more people against Blob's immigration plan.
What
Jul 25, 2008 1:02 PM
Well I’ll tell you one thing; Mr. Warner is not worried about the cost of this ordinance, because it is us, the residents of Fremont, who will pay out of our pockets. I hope that if this ordinance passes the city will only charge extra taxes to the people who will vote for this law and NOT to the residents like me who are against it. It is wrong to spend money on things like this when there are a lot more things we can do for this city. I agree that we have to end the drugs and crimes that are going around, but it is not only the illegal immigrants who’s to blame, there are a lot of “White”, “American” whichever you want to call it that are doing illegal activities also. And it is also stupid to think that the illegal’s are the only ones living of the government, there are a lot of people who are NOT illegal and are healthy enough to work and they call themselves “DISSABLE”(what a joke!) Think about it people, the problem is not the illegal immigration; it is whose ruling our Nation!
Interesting
Jul 25, 2008 2:22 PM
As I glanced at the first 4 or 5 comments, I noticed they were all NOT in favor of the proposed new ordinace.

Do I see a pattern here.....does the City Council / Mayor have their "attack dogs" out doing the job they were asked to do?

Anti-ordinance and make Bob Warner look as bad as possible.....and 'no' I am not a friend of Warner, I don't even know the guy!

I think "if" this issue were ever put on the November ballot (if legally possible); the Mayor/City Council would be SHOCKED....TOTALLY SHOCKED!!!

Why? Excluding the Mayor / City Council and their cronies....the other 95% of
Fremont would vote YES for the ordinance
and they would find out the "scare tactics" of taxes might have to be increased to pay the legal costs of a court case...bla...bla...wouldn't matter to 95% of Fremont....not that ANYONE wants more taxes!!

You see...those 5% are not factoring into the situation....what 'illegals' are costing Fremont....huge unpaid bills at the hospital, over load on our school system regardless of Sexton's willingness to say so, cost of social services, medicade, etc......

And finally....one of the things that really disturbs me the most, and lots of others in Fremont....is the manner in which the Tuesday night City Council meeting and it's rules are all "talking down" to the average person in Fremont....no questions, no show of emotions even if positive, one 3 minutes shot and then shut up/sit down, etc....reminds me of the Soup Nazi on Seinfeld....follow his rules or no soup for you!!!!

Speaking of which....have you noticed how quiet lots of the City Council members have gotten on this subject....
is it that perhaps the fear the next elections for their respective WARD?
NANCY
Jul 25, 2008 5:52 PM
You rock Mr Warner, at least you have the guts to face the illegal immigration problem head on (note the word illegal, operative word here folks).Keep up the good work and too bad you won't be on the council looking after our interest for another 20 years!!
outoftowner
Jul 25, 2008 6:11 PM
If this passes, I will intentionally avoid stopping in Fremont during my frequent trips to and from Omaha, and vow to never spend a single red cent in your community!
Bobo
Jul 25, 2008 6:26 PM
Dear Interesting,

You are way off base on the 95%. However, you are right about not hearing from several Council members except from Scott, Gary and Bob.

Skip Edwards does not have "attack dogs." He is a good, honest man. However, the three minute rule has been on the books, however he has never told anyone to sit down.

Leaders stand up and lead, not hide. Charlie wants to be in Washington D.C. some day. The voters are seeing the real Charlie and he is losing supporters. Charlie is all about Charlie. Even his friends are seeing this.

Bob Warner???? Name one great act you have done for Fremont?

Mary?? Where are you on this?

When is the Tribune going to get out the facts on cost and where people stand? Or where does the paper stand on this?
Delaware Bob
Jul 26, 2008 7:12 AM
I would like to say I'm very proud of you for stepping up to the plate to do what you can to free your area of the ILLEGAL ALIENS.

This illegal immigration is costing the taxpayers billions upon billions every year and it must come to an end, either by City laws, Country laws or State laws.

I wish you the very best in your effort.
Maybe someday the ILLEGAL ALIENS will learn that to enter this Country is a PRIVILEGE. It is NOT a RIGHT! No ILLEGAL ALIEN has a right to be here.
kwho
Jul 26, 2008 4:46 PM
Thank you, Fremont Tribune, for making the proposed ordinance available for us to read.
Mr. Warner, I applaud you for your efforts. I hope the proposed ordinance
passes.
I don't want Fremont to continue being a sanctuary city for illegal aliens.
NO GAMES PLEASE
Jul 27, 2008 1:05 AM
Raise the fines to higher amounts so as to cover costs to the city and tax payers. This would make all think harder before breaking the law. $100 is like a nickel to Hormels and others like them. Do this right all they way. The other problem I see is why on earth are you protecting illegals already housed and with jobs? You are showing double standards. The landlords and employees knew the Federal laws from the beginning. The illegals knew they were breaking our laws. I can see 90 days to make corrections but no double standards. Do it right all the way.
Fair is Fair
Jul 27, 2008 3:29 PM
Why stop with just renting and hiring? Is it ok for the other busineses in town to profit?
I don't like the gas prices so maybe we all need a card to prove citizenship to buy gas too. I bet with decreased demand here, the prices will go down.
Food is expensive. I want to have documentation to buy groceries too. This is the path we are taking,to keep things fair, does it sound like something we should try? Maybe we like the sales tax, and sales to local shops a little more than we admit. It would be funny to see how much Fremont will suffer from this foolishness, but good luck with this idea.
Andy Schnatz
Jul 28, 2008 6:06 AM
Enforcing our immigration laws is the federal government’s job.

How many times have you heard this ridiculous statement? Just think about it for a minute. This is a brain wash statement to hinder the states from enforcing their own immigration laws, and it’s utterly senseless because the federal government cannot enforce our immigration laws all by themselves. It’s impossible. They have neither the capabilities, nor the manpower.

Do they have a sub station in every county across this country where people in trouble with illegal aliens can call in and make a report? Do you see federal agents patrolling the neighborhoods day and night to keep the citizens safe against criminal illegal aliens? Are they out there patrolling our highways against road rage and drive by shootings? Are they called upon a scene when someone who is walking down a sidewalk is mowed down by a drunk illegal alien unlicensed driver? Do they take the calls in the middle of the night when someone is murdered or raped by an illegal alien?

No? I didn’t think so.

The federal government knows they are unable to perform this job alone, and so do the open border lobbyists, Chamber of Commerce, and the ACLU. As long as they can keep spewing the rhetoric that enforcing immigration laws is the federal government’s job, and the people keep swallowing it, nothing will ever get done.

The next time someone says to you that enforcing immigration laws is the federal government’s job, just ask them the above questions and see how they answer.
American Patriot
Jul 28, 2008 6:16 AM
as far as cost for law suits, there have been offers to help pay if we go to court and there has been lawyers that have offered to represent us for free if we have to go to court to defend this issue. That helped other cities to pass ordinances like we want to and have won. You don't hear about them because they don't want you to know that it can be done
jake
Jul 28, 2008 6:46 AM
to Fair is Fair.

everyone has a right to buy things. you can buy things if you go to a different country. HOWEVER you do not have the right to get a job in a different country. unless you have a visa you can not live in a nother country. so yes fair is fair. we can buy their things in their country so they can buy things in our country. we cant get a job in theirs with out a visa and same goes here.
Susan
Aug 6, 2008 9:49 PM
I think this issue needs to be addressed, but I feel it is having a very negitive effect on our community. My family can be traced back to before the American Revolution and I am sure many others do too. I am proud to be an American citizen. Yesterday, I was disgusted by another member of our community. After paying my electric bill, I walked out of the office. I talked to a woman about our beautiful weather. She changed the conversation to her view on immigration. She used socially unacceptable terms that I chose not to repeat. I was disgusted and walked to my car. I use to love to smile and chat with people in the community. Please, if you want to have immigration reform, don't name call. I thought we learned that was wrong when we were children!