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ACLU Sues Nebraska Town Over Immigration Regulations
Wall Street Journal ^ | JULY 22, 2010 | By Nathan Koppel

Posted on 07/23/2010 4:34:18 PM PDT by bd476


ACLU Sues Nebraska Town Over Immigration Regulations


JULY 22, 2010

Remember Fremont, Nebraska? In June, citizens of the 25,000-person town voted in favor of banning illegal immigrants from renting property or landing a job in the town.

The law, which requires town officials to evaluate the citizenship of anyone renting property, has put the town at the center of the roiling immigration debate.

On Wednesday, the American Civil Liberties Union filed a federal lawsuit on behalf of landlords, tenants and employers in Fremont.

The suit claims that Fremont’s law interferes with the federal government’s authority over immigration matters and further that it has a discriminatory effect on those who look or sound “foreign.”


(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Crime/Corruption; Government; Mexico; News/Current Events; Politics/Elections; US: California; US: Nebraska
KEYWORDS: aclu; aliens; illegalimmigrants; illegals; immigration; maldef
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Fremont Tribune


Civil rights groups try to block ordinance



Tracy Buffington/Executive Editor | Posted: Thursday, July 22, 2010

Fremont officials are reviewing the two lawsuits filed against the city Wednesday that challenge the city's voter-approved illegal immigration ordinance. The Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union of Nebraska filed lawsuits Wednesday on behalf of several Fremont residents and two landlords.

"We are reviewing the lawsuits and what they say," City Administrator Bob Hartwig said. "It will take a day or two to look at it."

The lawsuits were expected.

"In every other city ... there have been lawsuits," Hartwig said. "This came as no surprise."

Both lawsuits seek to prevent the city from implement the ordinance that would ban the renting to and hiring of illegal immigrants. It is set to take effect July 29.

Both lawsuits claim the ordinance violates the Supremacy Clause of the U.S. Constitution; the equal protection clause and due process clause of the 14th Amendment; and the Fair Housing Act.

Additionally, both complaints claim the city exceeded municipal authority granted to it in Article XI of the Nebraska Constitution.

"Divisive ordinances like these tear communities apart," Jennifer Chang Newell, staff attorney with the ACLU Immigrants' Rights Project, said in the press release announcing its lawsuit. "It's time to stop promoting discriminatory policies like these so that we can come together to find a national approach to immigration."

In its press release announcing the filing of the lawsuit, MALDEF stated it did so "to protect immigrants from unlawful, local regulation of immigration, contravening constitutional and federal authority." State Sen. Charlie Janssen was quick to offer comment on the lawsuit.

"Let's make it clear that the unlawful parties here are the immigrants that chose to break federal and state laws by coming here illegally in the first place," Janssen wrote in a prepared statement. "The bottom line is that they are not ‘undocumented workers,' they are illegal aliens.

"The Fremont ordinance was lawfully voted in by the citizens of Fremont in an effort to enforce laws that the federal government has neglected to enforce for decades," he added.

Fremont voters on June 21 approved the ordinance that would require renters to obtain occupancy licenses and businesses with one or more employees to use the federal E-Verify system.

Still ahead for Fremont officials is picking legal counsel. There have been several offers, including one from attorney Kris Kobach, who has worked on similar cases in Hazleton, Pa., and Farmers Branch, Texas. Hartwig said a decision on legal counsel likely won't be made until August.

Civil rights groups try to block ordinance


1 posted on 07/23/2010 4:34:20 PM PDT by bd476
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To: bd476
Actually, renting to them would make you an accessory...just the same as if they were working for you.

Let's face it....Once they get in, the Feds will never go after them...and that's where the problem lies.

2 posted on 07/23/2010 4:36:36 PM PDT by Sacajaweau (What)
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To: bd476

Borders = Bad

One World Government = Good


3 posted on 07/23/2010 4:37:26 PM PDT by Boucheau
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To: george76; All
The ACLU is attacking a small town with a small budget.

Also see: 2 groups sue Nebraska city over immigration law
posted by george76.

4 posted on 07/23/2010 4:38:12 PM PDT by bd476
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To: bd476

This is the same way they have been fighting the Nativity scene controversy for years ... go after the small towns, towns that can’t afford the legal representation needed to defend against them. Get enough wins under their belt and they can challenge larger towns and cities.

Cowards.


5 posted on 07/23/2010 4:41:34 PM PDT by doc1019 (Martyrdom is a great thing, until it is your turn.)
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To: Sacajaweau
Sacajaweau wrote: "Actually, renting to them would make you an accessory...just the same as if they were working for you. Let's face it....Once they get in, the Feds will never go after them...and that's where the problem lies."

"Once they get in" they're already here. This just makes the door wide open for many more to enter illegally and expect the best accommodations, and of course, free health care once they arrive.

6 posted on 07/23/2010 4:42:13 PM PDT by bd476
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To: Boucheau
Sad but true.

7 posted on 07/23/2010 4:43:09 PM PDT by bd476
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To: bd476

As long as the government keeps paying the ACLU, win or lose, they’ll keep suing anyone for anything.


8 posted on 07/23/2010 4:44:10 PM PDT by RC2
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To: doc1019
doc1019 wrote: "This is the same way they have been fighting the Nativity scene controversy for years ... go after the small towns, towns that can’t afford the legal representation needed to defend against them. Get enough wins under their belt and they can challenge larger towns and cities.

Cowards."


Excellent point Doc1019. It's disgusting.

9 posted on 07/23/2010 4:45:44 PM PDT by bd476
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To: bd476
“Both lawsuits claim the ordinance violates the Supremacy Clause of the U.S. Constitution; the equal protection clause and due process clause of the 14th Amendment; and the Fair Housing Act.”

As I see it, the ordinance doesn't usurp the Feds “claim” of being the sole entity to grant or deny citizenship, it simply makes it illegal to sell, rent or harbor criminals.

Since it makes no distinction between Mexican Criminals and Swedish Criminals, no equal protection problems.

Nobody is taking away their property, they are just being prevented from renting it to a certain class of people. Would prohibiting the sales of alcohol and cigarettes to minors be and different?

From my perspective all the unfairness is on the part of the criminals here illegally and on the part of the asshats trying to enable them.

10 posted on 07/23/2010 4:46:46 PM PDT by bitterohiogunclinger (America held hostage - day 507)
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To: RC2
RC2 wrote: "As long as the government keeps paying the ACLU, win or lose, they’ll keep suing anyone for anything."

Good point, RC2 and unfortunately it's all of us who pay the government and all of us who will keep losing.

11 posted on 07/23/2010 4:59:34 PM PDT by bd476
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To: Sacajaweau

Actually, renting to them would make you an accessory...just the same as if they were working for you.

That is also what the RICO laws are about, permitting any party, individuals, municipalities, whatever, to sue those who break federal law.

RICO with 287(g) makes it eminently clear the federal government in the past, and by legislated law, elicits legitimate parties to help enforce illegal immigration.

The law in the US is not now about reason, precedent, or even legislative democratic decision, it is now about authoritarian power plays. And government workers, as in judges, just want to keep their jobs.

Johnny Suntrade

12 posted on 07/23/2010 5:00:03 PM PDT by jnsun (The Left: the need to manipulate others because of nothing productive to offer.)
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To: bitterohiogunclinger
bitterohiogunclinger wrote: “Both lawsuits claim the ordinance violates the Supremacy Clause of the U.S. Constitution; the equal protection clause and due process clause of the 14th Amendment; and the Fair Housing Act.” As I see it, the ordinance doesn't usurp the Feds “claim” of being the sole entity to grant or deny citizenship, it simply makes it illegal to sell, rent or harbor criminals.
Since it makes no distinction between Mexican Criminals and Swedish Criminals, no equal protection problems.
Nobody is taking away their property, they are just being prevented from renting it to a certain class of people. Would prohibiting the sales of alcohol and cigarettes to minors be and different?
From my perspective all the unfairness is on the part of the criminals here illegally and on the part of the asshats trying to enable them."


The ACLU is circumventing law in hopes of virtually writing their own. After all it's the Marxist thing to do.


13 posted on 07/23/2010 5:02:55 PM PDT by bd476
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To: bd476

The ACLU criminal front group has once again demonstrated its advocacy of drug smuggling, human trafficking, murder, rape, kidnapping, and property destruction.


14 posted on 07/23/2010 5:04:19 PM PDT by YHAOS (you betcha!)
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To: doc1019
"Cowards."

Litigation terrorists.

15 posted on 07/23/2010 5:06:00 PM PDT by YHAOS (you betcha!)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

Ping!


16 posted on 07/23/2010 5:34:13 PM PDT by HiJinx (I can see November from my front porch - and Mexico from the back.)
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To: YHAOS; SwinneySwitch; BenLurkin; Mikey_1962; SandRat; Kaslin; Steelfish; BJClinton; SmithL; ...
YHAOS wrote: "The ACLU criminal front group has once again demonstrated its advocacy of drug smuggling, human trafficking, murder, rape, kidnapping, and property destruction."

Agree. The ACLU couldn't be happier. They want more of this here:

18 bodies found at northern Mexico dumping ground

43 Arrested In SD Drug Cartel Sting43 Arrested In SD Drug Cartel Sting

Hidden Cameras on the Arizona Border 2: Drugs, Guns and 850 Illegal Aliens

Shots Ringing Out Across the Border[Nuevo Laredo, Mexico]

Police: Illegals responsible for majority of drug trade

[Mexico:Grenade attack in NL kills 1, wounds 16

Mexico worried by rise in hemorrhagic dengue

Hidden-camera border documentary renews spotlight on Arizona


17 posted on 07/23/2010 5:46:06 PM PDT by bd476
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To: bd476
The suit claims that Fremont’s law interferes with the federal government’s authority over immigration matters...

It seems the administration and it's lackeys have a consistent strategy. Refuse at the federal level to enforce any immigration control, at the border or anywhere else. Then, when anybody else tries to pick up the slack, sue them for doing the job the feds refuse to; claiming they are interfering. Brilliant.

18 posted on 07/23/2010 6:08:15 PM PDT by Minn (Here is a realistic picture of the prophet: ----> ([: {()
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To: Minn
Minn wrote: " 'The suit claims that Fremont’s law interferes with the federal government’s authority over immigration matters...'
It seems the administration and it's lackeys have a consistent strategy. Refuse at the federal level to enforce any immigration control, at the border or anywhere else. Then, when anybody else tries to pick up the slack, sue them for doing the job the feds refuse to; claiming they are interfering. Brilliant."

As simple as that might be, I believe that that is exactly what they are doing.


19 posted on 07/23/2010 6:12:23 PM PDT by bd476
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To: bd476
"The ACLU couldn't be happier. They want more of this here:"

Thanks for filling in the details.

20 posted on 07/23/2010 7:17:50 PM PDT by YHAOS (you betcha!)
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