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Keywords

injunctionmotionsummary judgmentcomplianceimmigration lawliens
injunctionmotionsummary judgmentcomplianceimmigration lawliens

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Keller v. City of Fremont

Facts

In June 2010, voters in Fremont, Nebraska, adopted Ordinance No. 5165, which limits hiring and providing rental housing to 'illegal aliens' and 'unauthorized aliens.' Two groups of landlords, tenants, and employers filed actions in federal court to enjoin enforcement, contending that the Ordinance is unconstitutional and violates federal and state laws. The district court ruled on cross-motions for summary judgment, severing and enjoining enforcement of certain rental provisions, concluding they are preempted by the INA and violate the FHA.

In June 2010, voters in Fremont, Nebraska, adopted Ordinance No. 5165, which limits hiring and providing rental housing to 'illegal aliens' and 'unauthorized aliens.' Two groups of landlords, tenants, and employers filed actions in federal court to enjoin enforcement, contending that the Ordinance is unconstitutional and violates federal and state laws. The district court ruled on cross-motions for summary judgment, severing and enjoining enforcement of certain rental provisions, concluding they are preempted by the INA and violate the FHA.

Issue

Whether the rental provisions of Fremont's Ordinance No. 5165 are preempted by federal law, specifically the Immigration and Nationality Act and the Fair Housing Act.

Whether the rental provisions of Fremont's Ordinance No. 5165 are preempted by federal law, specifically the Immigration and Nationality Act and the Fair Housing Act.

Rule

State laws are preempted when they conflict with federal law, particularly when compliance with both federal and state laws is impossible, and when a state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.

State laws are preempted when they conflict with federal law, particularly when compliance with both federal and state laws is impossible, and when a state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.

Analysis

The court analyzed the rental provisions of the Ordinance and determined that they did not conflict with federal immigration law as they did not remove aliens from the U.S. or create a parallel local process for removability. The court found that the provisions requiring occupancy licenses and verification of immigration status did not present an obstacle to federal objectives, and thus, the preemption under the INA did not apply.

The court analyzed the rental provisions of the Ordinance and determined that they did not conflict with federal immigration law as they did not remove aliens from the U.S. or create a parallel local process for removability. The court found that the provisions requiring occupancy licenses and verification of immigration status did not present an obstacle to federal objectives, and thus, the preemption under the INA did not apply.

Conclusion

The district court's preemption and FHA rulings were reversed. The judgment was affirmed in all other respects, the injunction was vacated, and the case was remanded with directions to dismiss the complaints.

The district court's preemption and FHA rulings were reversed. The judgment was affirmed in all other respects, the injunction was vacated, and the case was remanded with directions to dismiss the complaints.

Who won?

The City of Fremont prevailed in the case as the court reversed the district court's rulings that certain provisions of the Ordinance were preempted by federal law.

The City of Fremont prevailed in the case as the court reversed the district court's rulings that certain provisions of the Ordinance were preempted by federal law.

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