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Nebraska Court Chooses Not to Settle Immigration Question

Posted: November 8th, 2010
By: Michael Rutledge
Category: The News Beat

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Nebraska Court Chooses Not to Settle Immigration Question

On Friday November 5th, the Nebraska Supreme Court declined to rule on a local ordinance banning the hiring, harboring or renting of property to illegal immigrants. The dispute grew around whether Fremont Ordinance 5156 violates state law by mandating that those seeking to rent or lease a house acquire a permit from the city first. The ordinance is meant to prohibit those who are in the US illegally from obtaining the permit, thus preventing them from renting or leasing property. 

The US District Court for the District of Nebraska asked the Nebraska Supreme Court to review the legitimacy of the law, but the Supreme Court declined to answer the question. Instead, the Court held that there is no reason to answer the question for the District Court, as the question is not one of interpreting any state law but is of the constitutionality of the law. As a result, the city of Fremont has suspended the enactment of the ordinance until the district rules on the matter. The city has raised property taxes to fund the legal battle

Immigration issues have come to the forefront of US politics recently, with the controversial Arizona law SB 1070 sparking a nation-wide debate. Last week, the Ninth Circuit heard its first oral arguments on the Arizona law’s constitutionality. The controversy stems from many in the public who have growing concerns that federal officials are not taking immigration issues seriously enough. However, the US has deported a record number of illegal immigrants in 2010, according to an announcement from the Department of Homeland Security. 

To learn more on immigration law today watch our top-rated course by Gilbert Ferrer, Eugene Glicksman, Jeffrey Heller, and Linda Kenepaske "What You Need to Know to Practice Immigration Law Successfully- Family-Based Immigration, Immigration Defense of Removal Proceedings, Asylum and Practical Tips"

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