Keller v. City of Fremont
United States Court of Appeals for the Eight Circuit
719 F.3d 931 (2013)
The City of Fremont, Nebraska (defendant) passed a local ordinance that sought to restrict the hiring of and the renting of property to illegal aliens within the city limits. The employment provisions of the ordinance required employers to use a federal work-eligibility database to verify the status of prospective employees. The rental provisions of the ordinance required any prospective renter in Fremont to obtain an occupancy license from the city by providing information including citizenship or immigration status. As part of the licensing process, the city’s police department would check the applicant’s immigration status with the federal government. A group of landlords, tenants, and employers (the opponents) (plaintiffs) sued the city in federal court, alleging that the ordinance was preempted by federal law as an impermissible attempt to regulate immigration. The district court upheld the employment provisions and enjoined the enforcement of the rental provisions as facially preempted. The opponents and the City of Fremont appealed. The United States filed an amicus brief with the court asserting that the ordinance was facially preempted by federal law.
Rule of Law
Holding and Reasoning (Loken, J.)
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