Judge delays ruling on Nebraska aliens

OMAHA, Neb. — A federal judge said Wednesday that she’s not sure whether lawsuits challenging a Nebraska city’s ban on hiring and renting to illegal aliens should be heard in federal or state court, delaying a ruling on blocking the voter-approved ordinance.

U.S. District Judge Laurie Smith Camp said during a hearing that she wasn’t sure whether she had jurisdiction over the lawsuits filed by the American Civil Liberties Union of Nebraska and the Mexican American Legal Defense & Educational Fund.

Both civil-rights groups sued the city of Fremont, saying the ordinance is discriminatory, and sought preliminary injunctions to keep the ban from being enforced while the lawsuits proceed. Smith Camp consolidated the lawsuits, but said she did not want to rule on any motions until satisfied that the challenge should be heard in federal court.

The ban still won’t go into effect as planned this week because the Fremont City Council voted to temporarily suspended the ordinance until the lawsuits are resolved.

Smith Camp noted that both lawsuits claim the ordinance violates Nebraska law because Fremont exceeded its municipal powers under state law by adopting the ordinance. She gave attorneys until Aug. 16 to file briefs arguing why the case should be heard in federal court. She will decide whether the case will continue in federal court after reviewing the briefs.

Attorneys for the groups declined to comment after the Wednesday hearing.

Fremont’s ordinance would require employers to use a federal online system that checks whether a person is permitted to work in the U.S.

It also would require people seeking to rent property to apply for a $5 permit at City Hall. Those who said they were citizens would receive a permit and would not have to provide documents proving legal status. Those who said they weren’t citizens would receive permits, but their legal status would be checked. If they’re found to be in the country illegally and are unable to resolve their status, they would be forced to leave the property.

Landlords who knowingly rent to illegal aliens could be subject to $100 fines.