It seems like local government in the west still want to enforce immigration laws, even though the ink from the Arizona decision is not dry yet. You might have heard about a local city’s plan (Fremont, Nebraska) to enforce immigration laws by blocking their ability to rent housing within the city. A federal judge had allowed the old plan to go forward, until opponents could show that the plan is discriminatory.
The new plan was passed yesterday by voters. The plan requires renters to get a $5 permit and attest that they are in legally in the United States. The ACLU plans to file a new lawsuit to challenge the ordinance. The ACLU challenged a similar plan that was passed in 2010. The Eighth Circuit upheld parts of the ordinance. Read the ACLU’s brief here.
I have long been against local enforcement of immigration laws. The Supreme Court agreed that local enforcement is preempted under federal law. Why do you think local governments keep passing these laws? I welsome your comments.