Late July or August may be the earliest that Fremont, Neb., could launch its controversial ban on the housing and hiring of illegal immigrants.
But if an anticipated legal challenge blocks implementation, as has been the case in two other U.S. cities, then the effective date could be years away, if ever.
That's according to interviews Tuesday with local officials, although all acknowledged that the exact timeline is far from settled. Fifty-seven percent of those who cast votes Monday night supported the ordinance, which aims to punish landlords and employers for knowingly housing or hiring illegal immigrants.
Jerry Hart, a leader in gathering petition signatures to get the measure on the ballot, said Tuesday he wouldn't be surprised if city leaders dragged their feet on implementation.
“Knowing how the City of Fremont has fought this thing tooth and nail, I don't know if that's what they're going to do,” said Hart, who with two other Fremont residents battled the city to the Nebraska Supreme Court to get a public vote.
“Based on past experience, nothing would surprise me.”
According to Fremont's city website, the county “in the next several weeks” will make official the results of Monday night's special election.
City Council certification would come next, followed by publication by the City Clerk and then enactment 15 days later. Considering deadlines and meeting dates, that would push the possible implementation date into the end of July or August.
Even if implemented then, however, Fremont City Administrator Robert Hartwig said no Police Department or other city staff have been trained on how to enforce the ordinance. Hartwig responded in an e-mail and did not respond to requests for further clarification.
As the ordinance is written, every potential renter must give personal information and $5 to the Fremont Police Department to obtain an occupancy license. Police then submit information on noncitizens to the federal government or check federal databases themselves.
If a renter's legal status is found to be in question, the landlord is notified. If not remedied in two months, the occupancy license is to be revoked. Landlords face a $100 fine for each violation.
When asked if Fremont police have authority to arrest or detain immigrants, Hartwig said a legal opinion was necessary to answer that question.
The ordinance also says employers must use the federal E-Verify system to ensure legal status of hires or face revocation of their license to do business in Fremont.
While divisiveness over the immigration ordinance still exists in this town of 25,000, leaders on both sides said Tuesday they were trying to pull together.
“Fremont's citizens have spoken, and now it's time to come together as a community and create the kind of town we all want to live in,” Ron Tillery, executive director of the Fremont Area Chamber of Commerce, said in a statement Tuesday.
He said chamber leaders, who had opposed the ordinance, would work collaboratively to lessen any negative effects, including increased taxes and a potentially less attractive business climate.
Krista Kjeldgaard of One Fremont One Future, a group that opposed the ordinance, said the vote “shows that we have much work to do in our community to educate, break down barriers and build relationships.”
State Sen. Charlie Janssen of Fremont, who as a councilman had supported the ordinance, called the vote “a victory in the enduring fight against illegal immigration.” He said “the road ahead will not be easy” and warned of outside political interests.
“People on both sides of this issue with nothing more at stake in our area than making a name for themselves and pushing their own political agenda will be trying to influence and divide people,” Janssen said. “Now is when we must stand together.”
Gov. Dave Heineman, who is from Fremont, said he respected the voters of Fremont and thought the message they sent mirrored a frustration across the U.S. — that the federal government had not secured U.S. borders or found a “speedy, technological way” to legal immigration.
“I understand the frustration in Fremont,” the governor said. “I think you're seeing it all across our state, you're seeing it in Arizona, you're seeing it all across America.”
Meanwhile, the American Civil Liberties Union on Tuesday was conducting final interviews of affected parties who will be named plaintiffs in a lawsuit that the ACLU long had warned it would file to block implementation of the measure.
Voters passed the controversial ordinance despite warnings from city officials that legal defense costs could run taxpayers $1 million a year. The fees, the city said, would lead to higher city property taxes, reductions in city services or both.
Supporters said the results were a reflection of growing frustration with illegal immigration and the federal government's lax enforcement.
World-Herald staff writer Paul Hammel contributed to this report.
Contact the writer:
444-1224, cindy.gonzalez@owh.com
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