NEBRASKA City Immigration Law Renter License - in Plain English

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* City Ordinance/FREMONT NEBRASKA ILLEGAL RENTERS* Action
This is a new ordinance, number 5165, which amends an older ordinance in Fremont, Nebraska.
This new order prohibits:
a. Harboring illegal aliens

b. Hiring illegal aliens
c. Renting residential space to illegal aliens
This order explains:
d. The court process

e. New occupancy licenses that will be required
f. Conflicts with existing laws
g. Definitions
h. The date this order will take effect
Page 2 of 15
Federal law prohibits:
1. Aliens living in the US without meeting certain conditions
2. Harboring illegal aliens
3. Hiring illegal aliens
4. Illegal aliens burden the City by using public benefits and services, driving up costs.
5. Crimes they commit harm the health, safety and welfare of citizens and legal aliens.
6. Employing them reduces jobs available to authorized workers, and affects wages.
7. In 1996 Congress changed the Immigration and Nationality Act to require the federal
government to check a person’s immigration status if requested by state or municipality.
8. This new ordinance falls in line with federal law which also prohibits:
a. Knowingly harboring illegal aliens
b. Knowingly employing illegal aliens
9. The Secretary of Homeland Security specifically praised and encouraged those states and
local governments that require employers to participate in the E-Verify Program.
Page 3 of 15
10. The City of Fremont won’t interpret this new order to mean it’s acceptable to deny
emergency medical care, emergency assistance, or legal assistance to anyone.
The Mayor and City Council of Fremont, Nebraska are adding a new section to municipal
ordinance 3139. This section (§ 6-428) reads as follows:
§ 6-428 – HARBORING or Hiring Illegal Aliens
I. DEFINITIONS
Interpret these words consistently with state and federal laws, including immigration law.
ILLEGAL ALIEN: Alien who isn’t legally in the US according to federal law. The City won’t make
this determination unless verified with the federal government.
UNLAWFULLY PRESENT IN THE UNITED STATES: Someone who is in the US illegally. The City
won’t make this determination unless verified with the federal government.
Page 4 of 15
DWELLING UNIT: A single residential unit with space for one or more persons, rented to others.
It’s possible to have more than one rental unit on the property. In a multifamily residence or
apartment building, each until is considered a separate dwelling.
This definition doesn’t apply to college dorm rooms, a room at a shelter for the homeless or
abused, or a hotel.
LESSOR: Landlord
OCCUPANT: Person the age of 18 or older renting and living in the unit.
UNAUTHORIZED ALIEN: An alien who lacks permission to work in the US legally. The City won’t
make this determination unless verified with the federal government.
BUSINESS ENTITY: A person, group, partnership, or corporation doing business in Fremont.
Page 5 of 15
WORK: A job. A paid activity.
E-VERIFY PROGRAM: A federal internet-based system that allows businesses to determine the
eligibility of their employees to work in the US.
SAVE: This stands for “Systematic Alien Verification for Entitlement Program.” It is an online
program used to confirm immigration status with Homeland Security. It’s accessible by federal,
state, and local governments.
BUSINESS LICENSE: Permission issued to a registered business by the City.
II. HARBORING ILLEGAL ALIENS
It’s illegal for a person or business to knowingly, or carelessly allow an illegal alien to reside in a
dwelling unit.
Page 6 of 15
To rent a unit to an illegal alien is considered harboring and is against the law.
To allow an illegal alien to live in the unit is also considered harboring.
An illegal alien can’t enter into a contract for a dwelling unit. Therefore, if an illegal alien signs a
lease a basic condition of the lease is breached.
This is also true if an alien loses legal status after the lease begins.
This only affects rental contracts that begin after the date this ordinance becomes effective.
To see how this will be handled read sections 3 and 4 below.
III. OCCUPANCY LICENSES
Before a person can rent a place to live, each occupant, 18 or older, must get an occupancy
license.
Page 7 of 15
It’s each occupant’s responsibility to apply for the license at the Fremont Police department.
The cost is $5.
Each person occupying the space must get a license.
The landlord can acquire the license on behalf of the occupant.
It may also be possible to submit the application by fax or through the internet.
The landlord must tell each occupant about the license, and not permit them to move in until
they have gotten one.
The City applications require the following:
• Full legal name

• Mailing address
• Address of unit
• Name and address of owner/landlord
• Date lease begins
• Date of birth
• Country of origin
• Full legal name of any minors living in the unit
• A US citizen or national will fill out a different application. This one carries a
notice that a false statement about status is a crime.
Page 8 of 15
If the applicant isn’t a US citizen or national, but is here legally, the alien can give a federal
government issued ID number instead. The alien can also state he/she is unaware of any
number given. This statement will satisfy the requirement.
Once the City receives the completed application and payment, the license will be issued.
The information given on the form will be confidential, except as required by law.
If a unit is rented without getting an occupancy license for each occupant, the landlord has
broken the law.
The landlord must have a clause in the lease stating that anyone 18 or older who doesn’t have
an occupancy license is in default of the lease. If this isn’t included, the landlord has broken the
law.
If a landlord knowingly allows an occupant to live in a unit without a valid occupancy license, the
landlord has broken the law. It is a defense, however, if the landlord attempted to terminate
the lease as required by law.
Page 9 of 15
The fine for each violation is $100.
The fine applies to each person in the unit, age 18 or older. It will be charged daily beginning on
the 46th day after the license cancellation notice has been given as described in section 5, below.
[Possible error: Appears to be described in section 4. Section 5 covers employing, not harboring.]
IV. ENFORCEMENT of HARBORING
Despite anything else in this ordinance, the Fremont Police Department (Department) will
enforce this requirement in the following way:
Immediately after issuing the license, the Department will confirm legal status with the federal
government if the occupant couldn’t show he or she is here legally. This means giving
information from the application and anything else required. The Department can use the
Homeland Security SAVE program, or other federal government system.
If the information comes back to show the occupant is here illegally, the Department will send a
notice to the person at the address on the form, giving him/her 60 days to provide information
correcting federal records. The person can give the information to the Department or directly to
the federal government.
Page 10 of 15
If the federal government can’t confirm the occupant’s status, or the information is uncertain,
the Department will not take action at that time. If the federal government requires more
information or states the occupant can challenge the records, the Department will notify the
occupant.
The Department will make another attempt to confirm immigration status 61 days later. If it’s
confirmed that the occupant is here illegally at that point, a 45 day notice of license cancellation
will go to both the landlord and the occupant.
These steps will be taken regardless of race, ethnicity, religion or national origin.
A court review is also available:
1. If a landlord or occupant has received a notice, they can ask for a review by filing a
lawsuit against the City of Fremont.
2. If a suit is filed within 15 days of the date on the notice, no action will occur until the
case is heard.
3. If either landlord or occupant questions whether the Department acted properly or
wants to challenge the immigration record, they can ask for a review.
Page 11 of 15
4. If the suit is about whether the occupant is an illegal alien, the court will rely solely on
the federal government’s determination.
The court may ask the federal government to revisit the case and reconfirm the status. This most
recent determination will be considered final.
V. BUSINESS LICENSES and E-VERIFY
The City doesn’t want businesses to knowingly recruit or hire illegal aliens.
This doesn’t apply to occasionally hiring casual labor for household chores, or to independent
contractors. They aren’t considered employees within the description of this section.
A business representative must sign a document stating it’s unaware of any illegal-status
employees when applying for a business permit, a City loan, or a City contract. He/she must also
show proof of registration with E-Verify.
Page 12 of 15
All City agencies must register with E-Verify, and use the program to verify each employee’s legal
status.
If a business has employees and performs City work, it’s required to register in the E-Verify
program within 60 days after this ordinance goes into effect. The program must be used to
check the status of every employee hired after registration.
If a business has employees and accepts City work later than 60 days after this ordinance takes
effect, it will register and use the E-Verify program to check each new employee before the work
begins.
The City will never make an independent decision regarding an employee’s legal status.
Page 13 of 15
The City Attorney will enforce the law in this way:
If a business doing City work or receiving a City loan doesn’t cooperate with the E-Verify
requirements, there will be a public hearing. If it’s determined that a violation did happen, loans
may accelerate and business licenses could be revoked.
The City Attorney can bring a civil action against any business that doesn’t register or cooperate
with E-Verify to a Dodge County court, and ask the court to force the business to comply.
If a business is forced to comply, a request can be made for court review. The City will suspend
further action until the court rules.
A business or employee can ask the court to review whether the City complied with this
ordinance, or other relevant laws.
This order will be carried out in line with federal immigration laws.
If any part of this order conflicts with federal or state laws, or is proven to be invalid, it doesn’t
mean the entire order or any portion of it will be affected.
Page 14 of 15
If there is a conflict with an existing ordinance, this ordinance is the correct one.
This order takes effect starting on the day it is passed into law.
[This was voted in on June 21, 2010]
END
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NEBRASKA City Immigration Law Renter License - in Plain English

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Verfügbare Formate

A Plain English Document Translation Company

Definition for each icon you may see in your document

Clear. No further clerical assistance needed.

Plain English applied here.

This new order prohibits:

a. Harboring illegal aliens

This order explains:

d. The court process

Federal law prohibits:

1. Aliens living in the US without meeting certain conditions

2. Harboring illegal aliens

3. Hiring illegal aliens

§ 6-428 – HARBORING or Hiring Illegal Aliens

BUSINESS ENTITY: A person, group, partnership, or corporation doing business in Fremont.

WORK: A job. A paid activity.

BUSINESS LICENSE: Permission issued to a registered business by the City.

II. HARBORING ILLEGAL ALIENS

III. OCCUPANCY LICENSES

Each person occupying the space must get a license.

The landlord can acquire the license on behalf of the occupant.

The City applications require the following:

• Full legal name

The fine for each violation is $100.

IV. ENFORCEMENT of HARBORING

A court review is also available:

V. BUSINESS LICENSES and E-VERIFY

The City Attorney will enforce the law in this way:

[This was voted in on June 21, 2010]

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