In this July photo, protesters gather outside a meeting of the Scribner City Council to oppose an ordinance that would bar illegal immigrants from getting housing or jobs in town. Ultimately, the council decided to put the issue to the voters, who approved it Tuesday.
Voters in the eastern Nebraska farm town of Scribner overwhelmingly approved an ordinance that requires immigrants and others to obtain a city permit, and attest to their citizenship status, before renting housing in the community.
The ordinance, patterned after one in effect in Fremont, won by more than a 2-to-1 ratio in voting Tuesday.
It also requires local businesses to use a federal database to check the immigration status of job applicants.
Scribner officials are now waiting, and wondering whether the ordinance will be challenged in court, as happened in Fremont, where the community had to raise taxes to finance legal fees and other costs that have exceeded $600,000.
Mayor Ken Thomas said the Scribner ordinance was drafted, word-for-word, to match Fremont’s ordinance, which was upheld by the 8th Circuit Federal Court of Appeals following a lawsuit by the ACLU of Nebraska, in hopes of avoiding an expensive legal fight.
“We won’t incur any legal costs unless the ACLU takes us to court,” Thomas said. “That would be their decision if they want to bring hardship on the city of Scribner.”
Danielle Conrad, the executive director of ACLU of Nebraska, said that Scribner was clearly assuming a risk of litigation to “advance a political agenda” and that the ACLU will continue to monitor whether the new ordinance violates people’s civil rights.
“We think this local ordinance is suspect from a legal and policy perspective, and that it risks racial profiling and discrimination,” Conrad said. “We did not go looking for this fight.”
Fremont voters passed that city’s ordinance in 2010, but it didn’t go into effect until 2014, after withstanding a federal court challenge by the ACLU.
Scribner is the first Nebraska community to follow Fremont’s lead. Construction of a massive Costco chicken-processing plant rising in Fremont helped spawn concerns that Scribner, about 21 miles away, would see an influx of undocumented foreign-born workers.
A Scribner developer also began converting a former assisted-living center into small apartments, which fueled worries that it would house immigrants.
Thomas said the first job facing the community of 860 is training its city employees to properly issue the residential occupancy licenses that will be required of renters and landlords.
“We certainly are not going to be discriminate against anyone,” he said. “If you’re here lawfully, you have nothing to worry about.”
Photos: 2018 midterm elections in Omaha
Voters hit the polls and candidates await outcomes on Nov 6, 2018 in Omaha.
Rep. Don Bacon thanks supporters, family and staff at the Nebraska GOP's 2018 Victory Party held at the Regency Marriott on Tuesday.
Kara Eastman speaks to supporters during her election night party at the Omaha Design Center.
James Goddard, center, and Katie Pitts right, check for the first election results for the expanded Medicaid measure 427 at the campaign party at The Session Room in Omaha.
Gail Knapp checks election results at the election night party for Kara Eastman.
Supporters social while waiting for election results at the election night party for Kara Eastman.
Microphones await voices at the Nebraska Republican Party's 2018 Victory Party held at the Regency Marriott in Omaha on Tuesday.
U.S. Rep. Don Bacon, R-Neb. talks with the news media at the Nebraska Republican Party's 2018 Victory Party at the Regency Marriott in Omaha.
The crowd begins to filter into the Nebraska Republican Party's 2018 Victory Party held at the Regency Marriott in Omaha.
Governor Pete Ricketts high-fives a supporter at the Nebraska Republican Party's 2018 Victory Party held at the Regency Marriott in Omaha on Tuesday.
Jimmy Webber sings at the Nebraska Republican Party's 2018 Victory Party held at the Regency Marriott in Omaha.
The crowd begins to filter into the Nebraska Republican Party's 2018 Victory Party held at the Regency Marriott in Omaha.
Patti Kennedy, left, waits in line to vote at St. Matthew Evangelical Lutheran Church on Tuesday, Nov. 6, 2018, in Omaha, Nebraska, to vote in the midterm election. Kennedy, who has been voting at the church for at least 10 years, said she has never seen lines this long to vote.
The line to vote in the midterm election extended into the parking lot at St. Matthew Evangelical Lutheran Church on Tuesday evening, Nov. 6, 2018, in Omaha, Nebraska.
Matthew McLarney, left, holds his son, Asher, 1, while waiting in line to vote in the midterm election at St. Matthew Evangelical Lutheran Church on Tuesday, Nov. 6, 2018, in Omaha, Nebraska.
People wait in line at Holy Name on Tuesday, Nov. 6, 2018, in Omaha, Nebraska, to vote in the midterm elections.
Juan Lara votes at Holy Name on Tuesday, Nov. 6, 2018, in Omaha, Nebraska, to vote in the midterm elections.
Dede Agbaleti votes at St. Paul's Lutheran Church on Tuesday night, Nov. 6, 2018, in Millard, Nebraska. It was her first time voting.
Kara Eastman speaks to supporters during her election night party at the Omaha Design Center.
Kara Eastman acknowledges supporters who sang "Happy Birthday" to her during her election night party at the Omaha Design Center.
A sign marks McMahon Hall as a polling place on Tuesday, Nov. 6, 2018, in Omaha, Nebraska, for the midterm election.
Berea Bennett, left, votes at McMahon Hall on Tuesday in Omaha. Bennett said she came to the polls to vote in particular on the governor’s race and Medicaid expansion.
Kaitlyn Erickson, a UNO students, drinks a Vegas bomb at Blackstone Social on Tuesday, Nov. 6, 2018, in Omaha, Nebraska. The bar was giving away a drink to customers who showed their "I voted" stickers.
Kaitlyn Erickson, a UNO students, drinks a Vegas bomb at Blackstone Social on Tuesday, Nov. 6, 2018, in Omaha, Nebraska. The bar was giving away a drink to customers who showed their "I voted" stickers.
Volunteers and scouts from Boy Scout Troop 42 carry locked ballot boxes from the midterm election into the Douglas County Election Commission on Tuesday, Nov. 6, 2018, in Omaha, Nebraska. The troop and volunteers were helping get the ballot boxes into the election commission from the cars hauling them from the polling places.
Corey McCallan, an assistant scout master with Boy Scout Troop 42, carries a locked ballot box from the midterm election into the Douglas County Election Commission on Tuesday, Nov. 6, 2018, in Omaha, Nebraska. McCallan and the troop were helping get the ballot boxes into the election commission from the cars hauling them from the polling places.
Phyo "Max" Thit helps carry locked ballot boxes from the midterm election into the Douglas County Election Commission on Tuesday, Nov. 6, 2018, in Omaha, Nebraska. Thit was volunteering with Boy Scout Troop 42.
Dave Pantos, Kara Eastman's finance director, takes a photo of the stage for her election night party at the Omaha Design Center.
Poll inspector Steve Cinnamon, picks up a fallen sign as people cast their vote at the Southwest Church of the Nazarene in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
A man waits to cast his vote just before 8 a.m. at the Southwest Church of the Nazarene in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
People get checked in prior to casting their vote at the Southwest Church of the Nazarene in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Candidate signs run along Q Street as people cast their vote at the Southwest Church of the Nazarene in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Beth Dirks casts her vote at the Southwest Church of the Nazarene in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Candidate signs run along Q Street as people cast their vote at the Southwest Church of the Nazarene in Omaha, Nebraska, on Election Day on Tuesday. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Candidate signs run along Q Street as people cast their vote at the Southwest Church of the Nazarene in Omaha, Nebraska, on Election Day on Tuesday. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
People wait to cast their vote just before 8 a.m. at the Southwest Church of the Nazarene in Omaha on Election Day Tuesday. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Beth Dirks casts her vote at the Southwest Church of the Nazarene in Omaha.
A man riding a motorcycle while wearing an American flag helmet travels past an artistic vote mural on South 10th Street in South Omaha, Nebraska on Tuesday, September 25, 2018.
Hunter Holoubek, 18, participating in his first election, casts his vote at Brookestone Village in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Dave Schlotman casts his vote at Brookestone Village in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Randy and Donna Wilshusen exit after casting their vote at Brookestone Village in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Hunter Holoubek, 18, participating in his first election, casts his vote at Brookestone Village in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Hunter Holoubek, 18, participating in his first election, casts his vote at Brookestone Village in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage. BRENDAN SULLIVAN/THE WORLD-HERALD
People cast their vote at St. Paul’s Lutheran Church in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Gari Kent, poses for a portrait after casting his vote at St. Paul's Lutheran Church in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Rhowyn Lorenz-Barnes, 2, waits as her mother Mindy Lorenz, casts her vote at St. Paul's Lutheran Church in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
People cast their vote at St. Paul’s Lutheran Church in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
Daryl Martin casts his vote at St. Paul's Lutheran Church in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
People receive "I Voted Today" stickers after casting their vote at St. Paul Lutheran Church in Omaha on Tuesday
Dorothy Hutter, sporting an patriotic visor, waits to cast her vote at St. Paul's Lutheran Church in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
An eagle flag topper looks over people casting their vote at St. Paul's Lutheran Church in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
A man returns his ballot as people cast their vote at St. Paul's Lutheran Church in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018. Nebraska voters on Tuesday will pick their next governor, a senator, three House members and give the up-or-down on whether to expand Medicaid coverage.
With proof of I Voted Today stickers voters Rosey Higgs, Kara Dalen, Shannon Hudson-Benash and Missy Hudson-Benash cheers before drinking free beers from Local Beer Patio and Kitchen in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018.
Missy Hudson-Benash, center, of Omaha, and Kara Dalen, left, are served free beers by Ashley Hull, right, with proof of I Voted Today stickers at Local Beer Patio and Kitchen in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018.
With proof of I Voted Today stickers voters Rosey Higgs, center, and Shannon Hudson-Benash, left, drink free beers from Local Beer Patio and Kitchen in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018.
With proof of I Voted Today stickers voters Rosey Higgs, left, and Kara Dalen drink free beers from Local Beer Patio and Kitchen in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018.
With proof of an I Voted Today sticker voter Kara Dalen drinks a free beer from Local Beer Patio and Kitchen in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018.
With proof of an I Voted Today sticker voter Manny Gutierrez, of Omaha, drinks a free beer from Local Beer Patio and Kitchen in Omaha, Nebraska, on Election Day, Tuesday, November 6, 2018.
Kaitlyn Erickson, left, and Tarissa Washka, both UNO students, talk and drink Vegas bombs at Blackstone Social on Tuesday, Nov. 6, 2018, in Omaha, Nebraska. The bar was giving away a drink to customers who showed their "I voted" stickers.
Omaha Mayor Jean Stothert introduces U.S. Rep. Don Bacon at the Nebraska Republican Party's 2018 Victory Party held at the Regency Marriott.
Rep. Don Bacon takes the stage and hugs Omaha Mayor Jean Stothert at the Nebraska GOP's 2018 Victory Party.
Rep. Don Bacon gives thanks to God at the Nebraska Republican Party’s Victory Party held Tuesday at the Regency Marriott.
Leading in the poles, U.S. Rep. Don Bacon, R-Neb. takes the stage to thank supporters, family and staff at the Nebraska Republican Party's 2018 Victory Party held at the Regency Marriott, 11605 Miracle Hills Drive in Omaha on Tuesday, November 6, 2018. KENT SIEVERS/THE WORLD-HERALD
Leading in the poles, U.S. Rep. Don Bacon, R-Neb. takes the stage to thank supporters, family and staff at the Nebraska Republican Party's 2018 Victory Party held at the Regency Marriott in Omaha.
paul.hammel@owh.com, 402-473-9584,
Paul Hammel
Reporter - Regional/state issues
Paul covers state government and affiliated issues. He specializes in tax and transportation issues, following the governor and the state prison system. Follow him on Twitter @PaulHammelOWH. Phone: 402-473-9584.