July 23, 2014

Supreme Court won’t hear Fremont case, illegal immigration ordinance stands

The United States Supreme Court has declined to hear an appeal of a lower court ruling that upheld the Fremont illegal immigration ordinance.

The decision lets stand the 8th U.S. Circuit Court of Appeals decision in June of last year that ruled the ordinance does not conflict with federal immigration laws.

Immigrants represented by the Mexican American Legal Defense Fund sued the city of Fremont, claiming the ordinance was at odds with federal law.

The ordinance had two provisions; one contested, the other not. The contested provision prohibits landlords from renting to illegal immigrants. It requires that tenants obtain an occupancy license that can be revoked if the tenant is found to be in the country illegally. The other provision requires Fremont businesses to use the federal E-Verify system to determine the legal status of their workers.

In February Fremont votes soundly rejected a proposed change to the ordinance they approved nearly four years ago. The ballot initiative sought to strip the housing provision of the ordinance. It left intact the business provision.

The case is Keller v. Fremont, U.S. Supreme Court, No. 13-1043.