http://www.wnd.com/index.php?fa=PAGE.view&pageId=169933Voters in Fremont, Neb., have passed a citywide referendum making it a violation of local law to rent to or hire illegal aliens, and a Kansas City lawyer who helped write the ordinance says they are on the cutting edge of a growing effort to crack down on violations of the U.S. border.
"There's no question that a growing number of states and cities are trying to take steps to discourage illegal immigration," he told WND today. "The main reason for this is that when our immigration laws go unenforced, the fiscal burden falls directly at the state and local level, not at the federal level."
Fremont voters, a few miles outside of Omaha, already have had their ordinance challenged, but Kobach said he helped win a 7-0 decision before the Nebraska Supreme Court allowing residents to vote on the plan.
"The immense cost of illegal immigration to local voters is the driving reason behind the actions that cities and states are taking," he said.
And there's a national "mood" regarding the federal government's present level of activity.
"Given the extremely high level of support for Arizona's law both in Arizona and around the country as demonstrated by polls, and given the exact expression of popular support by the voters there, it's clear that the people of America want our immigration laws enforced," Kobach said.
"The people are not interested in amnesty and they are tired of an administration in Washington that is scaling back at enforcement and the people want to see the rule of law returned," Kobach said.
"I would add that the Obama administration's numerous efforts to reduce enforcement of immigration laws, including scaling back work site enforcement, come at the worst possible time," Kobach said.
He said Americans still are hurting from unemployment, and they want their own government to "defend the interests of the workers."
Instead, Kobach said, "The Obama administration is leaving them undefended."
Kobach adds that the law was made a referendum because the city council and mayor voted against it.
"The vote on the Fremont city council was 4-4 and the mayor cast the deciding vote against it," Kobach said.
"The city attorney sought a declaratory judgment at the Nebraska Supreme Court to stop the petition until the courts had determined its legal validity. I represented the people who petitioned for it and we contested the city attorney's move in the courts and we went all the way to the Nebraska Supreme Court. The Supreme Court said the issue has to go to a popular vote," Kobach explained.
"The citizens who wanted the law circulated petitions and they got a thousand signatures over the number of signatures that were even needed," Kobach said.
The move for the petition came entirely from the local level. One of the supporters of the petition was its initial sponsor, Jerry Hart. USA Today reported that Hart said it was time to act.
"You've got to take a step. You've got to do something," he said.
Kobach said even if the law is challenged by a lawsuit, there is substantial judicial precedent to protect it.
"Valley Park, Mo., took their case to the Eighth U. S. Circuit Court of Appeals and won. Their ordinance was fully defended and is in place. Their case has already had an impact in assisting other state and local governments in defending their laws," Kobach said.
"Arizona passed in 2007 the Legal Arizona Workers Act, which was the first law in the U. S. to require all employers to use the E-Verify System. That was challenged and it went to the 9th U. S. Circuit Court of Appeals and we won in the 9th Circuit," Kobach continued.
"The 9th Circuit in their opinion noted the support from the Valley Park case. That Valley Park victory has already assisted a state in defending its laws," Kobach said.
"However, if the ACLU decides to challenge the Fremont ordinance in court, I'm confident it will survive," Kobach said.
One of the other cities to have passed measures to stop illegal immigration is Hazleton, Pa. That city passed a similar law in 2006 and the law immediately was challenged in federal court. The city lost the case in the U. S. District Court, but has appealed to the 3rd U. S. Circuit Court of Appeals.
Hazleton mayor Louis Barletta said his voters actually started the movement.
"I went to Washington in December of 2005 to meet with officials of the Department of Justice. I told them about the problems we were having with illegal immigrants – the gangs, the cost of illegal immigration to our budget," Barletta explained.
"I told them how illegal immigration was affecting the quality of life in Hazleton, not only through our inability to provide services," the Hazleton mayor continued.
"It was impacting the hospital, where it's widely known that illegals receive their primary care. The waiting time in the emergency room went up to five, six, or seven hours. It was affecting our schools and education," Hazleton added.
But he said that his visit to the Justice Department didn't get him anywhere.
"At the end of that meeting, all I received was a nice coffee mug, a lapel pin, a handshake, a pat on the back and a 'good luck,'" the mayor stated. "I realized the federal government wasn't going to do anything to help our city."
The turning point in Barletta's resolve came a couple of months later.
"Our police arrested a 14-year-old for shooting a gun into a crowded playground. The 14-year-old was in the country illegally. Later that night, a 29-year-old city man was shot between the eyes by two individuals who were both in the country illegally," Barletta continued.
"That one murder cost our city over half of one year's budget for police overtime," Barletta explained.
"Ours was the first city in the country to take any action to have any kind of law dealing with illegal immigration. I was in uncharted waters and many politicians were afraid to get in the water with me because of the fear of being called a racist and those types of charges," Barletta said.
He agreed with Kobach that it is clear that no one in Washington is willing to tackle the illegal immigration issue.
"I believe they have failed the American people by refusing to enforce the laws," Barletta said.
Since his start, however, precedents have been established in the 8th and 9th Circuits, and if the water was chilly before, now it's warming up.
"They have the precedent," he said.
Topic: Midwest town on cutting edge of crackdown on illegals (Read 1165 times)