Update: Fremont to Appeal Illegal Immigrant Ruling
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Updated: 10:55 PM Apr 28, 2009
Update: Fremont to Appeal Illegal Immigrant Ruling
In a surprise move, Fremont leaders have ignored a recommendation to move forward with a special election on a measure that seeks to curb illegal immigration.
Posted: 10:41 PM Apr 28, 2009
Reporter: Associated Press
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In a surprise move, Fremont leaders have ignored a recommendation to move forward with a special election on a measure that seeks to curb illegal immigration.

Instead, they say they'll appeal a judge's ruling that said they couldn't stand in the way of putting the proposed ordinance to a public vote.

Following nearly an hour of closed-door discussions Tuesday night, the Fremont City Council opted to indefinitely postpone consideration of a measure that seeks to ban renting to and hiring illegal immigrants. Also on hold is the calling of a special election on the measure.

Dodge County District Judge John Samson ruled last week that the city had to move forward with the election. He said the court couldn't weigh in on the legality of the proposal until voters approved it.

The city had turned to the court after petition organizers turned in more than 3,300 valid signatures to force a special election. The city raised concerns about the constitutionality of the measure and wanted a court to stop the process before the city went to the expense of holding a special election.

Following Samson's ruling, city staff had recommended the council call for a July 14 special election.

State law also requires the council to consider the ordinance itself.

Staff had recommended the council do that and reject adopting it.

The council narrowly voted down a similar measure last summer. The public discussion and ensuing vote drew more than 1,000 people to a city auditorium.

Petition organizers Jerry Hart, Wanda Kotas and John Wiegert led the initiative effort seeking to resurrect the ordinance the council defeated.

City leaders have argued they can't legally enact the proposed ordinance, in part because it's pre-empted by federal law.

Hazleton, Pa.; Escondido, Calif.; and Riverside, N.J., are among the U.S. cities that have attempted similar measures aimed at slowing or halting illegal immigration. Those cities' actions have attracted legal challenges primarily because the federal government has maintained it has the only authority on the matter.

The proposal has stirred strong opinions in Fremont, an eastern Nebraska city of 25,000. The community is among a handful in Nebraska that have seen marked demographic changes primarily because of Hispanic work forces at meatpacking plants.

Supporters of the proposed ordinance say it's needed to make up for what they see as lax enforcement by federal officials.

Opponents say they fear such legislation could fuel discrimination and spur costly legal challenges for the city.


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