FAQ Fremont Immigration Ordiance
City of Fremont Immigration Ordinance 5165
On June 21, 2010, voters in the City of Fremont approved an ordinance to prevent landlords and employers from renting to and employing undocumented people. The ordinance, if it becomes in effect, would require all people who want to rent an apartment, house, or other dwelling unit in the City of Fremont go to the Fremont Police Department and complete an application for an occupancy license. An occupancy license is needed to enter into a lease agreement. The Fremont Police Department will verify with the federal government that individuals who apply for an occupancy license that are not US citizens or nationals, are lawfully present in the US. The ordinance, if it goes into effect, would also require all business entities to register with the E-Verify system, and to verify the authorization of employment in the United States of each employee hired after such registration. This is a fundamental change in the legal rights of some Nebraskans.
Below is information about the City of Fremont’s immigration ordinance. This ordinance is not in effect yet. It is set up in an FAQ format to make the information on what the ordinance says easier to understand. The information is not meant to substitute for the advice of an Attorney. You should speak with an Attorney regarding your specific problem or if you have questions.
FAQ’s
Q. What does the City of Fremont’s immigration ordinance say?
A. 1) It says that it is unlawful for anyone to rent a dwelling unit in the City of Fremont to a person who is not legally in the United States.
2) It says that every business entity with one or more employees doing business in or with the City of Fremont needs to register with the E-Verify program and verify the authorization of employment in the United States of each employee hired.
Q. Is the ordinance in effect yet?
A. No.
Q. When will this ordinance take effect?
A. The City of Fremont has suspended the law from taking effect while the case is being litigated.
Q. Is there anyone filing a lawsuit to delay/stop this ordinance from taking effect?
A. The American Civil Liberties Union (ACLU) and the Mexican American Legal Defense and Education Fund (MALDEF) have filed separate lawsuits, which have been combined, to stop the ordinance from taking effect. The lawsuits are pending in the U.S. District Court for the District of Nebraska.
Q. Is there anything that would stop the ordinance from ever taking effect?
A. Yes. If the law is determined to illegal by the courts, it will never take effect.
Q. Who would this ordinance affect?
A. 1) Every person, age 18 or older, who would like to live in a rental unit in
the City of Fremont after the ordinance takes effect.
2) Every residential landlord who leases units in the City of Fremont if this ordinance takes effect.
3) Every person, group, partnership, and corporation doing business in the City of Fremont, whether for profit or not-for-profit. Business entities include contractors, subcontractors, self-employed individuals, partnerships, and corporations, whether or not the business is required to obtain a license or permit to conduct business in the City of Fremont, if this ordinance takes effect.
Q. What is not prohibited by this ordinance?
A. This law does NOT prohibit the rendering of emergency medical care, emergency assistance, or legal assistance to any person.
What would happen if the ordinance takes effect and you want to rent an apartment, house, or other dwelling unit.
Q. If the ordinance takes effect, what more do I need to do to rent an apartment, house, or other dwelling unit?
A. Anyone who wants to rent an apartment, house, or other dwelling unit in the City of Fremont would need to apply for an occupancy license with the Fremont Police Department. If you do not have an occupancy license, you would not be able to lease or rent a dwelling in the City of Fremont.
Q. Who would be able to get an “occupancy license”?
A. Anyone who is a US citizen, a US national, or anyone who is lawfully in the US is able obtain an occupancy license.
Q. If I am lawfully in the United States, but I am not a citizen, could I obtain an occupancy license?
A. Yes, you could obtain an occupancy license if you complete an application at the Fremont Police Department.
Q. If I wanted to rent an apartment, but other people are living there with me, would they need an occupancy license?
A. Yes, if they are 18 years of age or older. All people 18 years of age or older living with you would need their own occupancy license, whether or not they are related to you.
Q. If I am renting a home at the time the ordinance takes effect, would I need to apply for an occupancy license?
A. No. You would only need to apply for a license if you sign a contract to lease, let, or rent a dwelling after the date the ordinance becomes effective. However, if you move to a different rental unit, you would need to complete an application for another occupancy license. If your lease term expires after the ordinance takes effect, but you enter into a new lease and remain in the same unit, you will probably have to obtain an occupancy license.
Q. Does it cost anything to apply for an occupancy license?
A. The application fee is $5.
Q. How long would my license be valid for?
A. Each license is valid for only so long as you continue to occupy the unit that the license was applied for. If you plan on moving to a new or different unit, you will be required to apply for a new occupancy license.
Q. How long would it take me to get my license?
A. If you are a US citizen, national, or declare that you are in the US lawfully, you will be given a license after you complete the application.
Q. How would it be verified that I am lawfully in the US?
A. If you apply for an occupancy license and state that you are in the US lawfully but you are not a citizen or national, you will need to provide your identification number issued by the US government if you know the number. The Fremont Police Department would then contact the federal government to verify that you are in the US lawfully.
Q. What if the Federal Government reports that I am unlawfully in the United States, after I obtained an occupancy license?
A. If the Federal Government reports that you are unlawfully present in the United States, you would receive a deficiency notice from the Fremont Police Department. You would have 60 days from the date of your notice to ask the federal government to correct their records and/or provide information that you are lawfully in the US. After at least 61 days after deficiency notice was dated, the Federal Government will check status again. If the Federal Government reports again that you are unlawfully present in the US, the Police Department would send you and your landlord notice that your occupancy license is revoked.
Q. What would happen if I get a notice that my occupancy license is revoked?
A. Your occupancy license would be revoked 45 days after the date of the revocation notice. Your landlord can start the legal process to evict you if you don’t move out 45 days after the date of the revocation notice.
Q. What legal action could I pursue after receiving notice of deficiency or revocation?
A. As a tenant, you could file a court case asking the court to review the deficiency or revocation notice. Judicial review can be sought both pre-deprivation and post-deprivation. Additionally, a court case could be filed by the tenant or landlord to determine if the ordinance was complied with.
Q. If I am staying in a homeless shelter, domestic violence shelter, college dorm room, or hotel, would I need an occupancy license?
A. No, you would not need an occupancy license if you are staying in a homeless shelter, domestic violence shelter, hotel room, or college dorm room.
Q. How would lease agreements be affected by this ordinance?
A. If this ordinance goes into effect, every lease must contain a provision stating that occupancy of the premises by a person, age 18 or older, who does not hold a valid occupancy license, constitutes an event of default under the lease.
Q. Could I be charged with violating this ordinance?
A. It appears as though there is no specific penalty in this ordinance for a renter violating this ordinance. However, there may be other state and federal laws that you could be charged with violating.
How businesses and employees would be affected if the ordinance takes effect.
Q Who is affected by this ordinance if it takes effect?
A. 1. This ordinance would affect any business entity that:
a. Applies for any business license or permit in Fremont;
b. Is awarded a contract by the City of Fremont for work to be performed in Fremont;
c. Applies for any grant or loan from the City of Fremont; or
d. Employs one or more employees that perform work within the City of Fremont.
2. All agencies of the City of Fremont.
Q. Who would not affected by this ordinance?
A. A business entity that hires an independent contractor or the intermittent hiring of casual labor for domestic tasks customarily performed by the residents in a dwelling would not be affected by this ordinance.
Q. What does the ordinance require a business entity to do?
A. 1. If this ordinance takes effect, a business entity must:
- Execute an affidavit to the effect that the business entity does not knowingly employ any person who is an unauthorized alien;
- Provide documentation confirming that the business entity has registered in the E-Verify Program; and
- Use the E-Verify Program to verify the authorization of employment in the United States of each employee hired after such registration.
- City of Fremont agencies must also register in the E-Verify Program and use the program to verify the authorization of employment in the United States of each employee hired after such registration.
Q: What could happen if a business entity does not comply with E-Verify Program and verify the authorization of employment in the US for each employee hired?
A: The business entity may be tried at a public hearing before the City Council to determine whether or not they have violated the ordinance. The City Attorney can also file a court case against the business entity in Dodge County to try to make the business comply with the ordinance.
Q. What could happen if the City Council finds the business entity has violated the ordinance?
A. The City Council could:
a. Revoke the business entity’s license;
b. Cancel its contract;
c. Recall its grant;
d. Accelerate its loan; or
e. Institute an action to collect any sums due
Q. Can a business appeal the City Council’s decision?
A. Yes, this decision can be appealed to the District Court of Dodge County.
Q. If the City notified a business that they are not in compliance with the ordinance, could the business file a court case asking the court to review the City’s notice?
A. Yes, any business entity can file a court case asking the court to review the enforcement of this ordinance in any court of competent jurisdiction. The actions of the City of Fremont to revoke a license, permit, contract, loan, or grant issued by the City are stayed pending the result of the judicial review.
Q. If I can lawfully work in the US, but I am not a citizen, could I work in the City of Fremont?
A. Yes, you can. However, this ordinance can affect people who are not able to work lawfully in the US if the employer uses the E-Verify system to determine applicants are not able to work legally.
Q. If I can lawfully work in the US, but I am not a citizen, could I work outside of the City of Fremont?
A: Yes, you can. The new ordinance does not change the rules for any employees outside of the City of Fremont unless the employer has some connection to the City of Fremont, like a grant, loan, contract, or license.
Q: Can employees be charged with violating this ordinance?
A: There is nothing that provides for charging an employee with violating this ordinance. However, there may be other state and federal laws that employees are subject to.
Where you can go for help
Q. Can I contact Legal Aid of Nebraska for help with my legal rights?
A. Yes, you can call Legal Aid of Nebraska to apply for services. Legal Aid of Nebraska is not a government agency and callers are protected by an attorney-client privilege. We do not disclose caller’s personal information to anyone unless the caller consents to the disclosure. There are restrictions on who Legal Aid is able to help. To complete an application call:
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Phone Number: |
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402-348-1060 AccessLine ® Douglas Co. area |
- Q. I live in Fremont and I believe my legal rights have been violated, is there anyone else I can contact?
- A. Yes, the Nebraska ACLU may be able to help. You can call them at (402) 476-8091 to start the application process or you can email the ACLU at info@aclunebraska.org. The ACLU website can be found at http://www.aclunebraska.org/.
The City of Fremont’s Ordinance 5165 can be found at: http://www.fremontne.gov/DocumentView.aspx?DID=714
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