Catch-22 keeps Fremont from acting on anti-illegal immigrant housing ordinance

http://www.omaha.com/news/metro/catch--keeps-fremont-from-acting-on-anti-illegal-immigrant/article_34091da3-ddd3-5643-8076-f474fd328260.html

BRYNN ANDERSON/THE WORLD-HERALD
John Wiegert, at right, helped defeat the attempt to eliminate the housing sections of Fremont’s ordinance last year. He said last week that he was surprised to learn about the hitch that prevents the ordinance from being fully enforced.

POSTED: SUNDAY, APRIL 12, 2015 12:30 AM
By David Hendee / World-Herald staff writer

The controversial housing ordinance targeting illegal immigrants in Fremont, Nebraska, has turned out to be toothless.

The federal government is not providing city officials with the immigration status of renters suspected of being in the country illegally. And without the information, no rental housing licenses have been yanked.

Fremont’s mayor says a fix is in the works.

During the year since the ordinance went into effect, nearly 1,300 people have paid $5 for occupancy licenses to move into rental housing. The application requires people to declare whether or not they are U.S. citizens.

FULL story at link.

About the Fremont housing ordinance
Each adult occupant, age 18 or older, who leases or rents a dwelling in the city of Fremont is required to obtain a residential occupancy license.
HOW A LICENSE IS OBTAINED
» Applicant submits an application to the city and pays a $5 fee.
» Applicant provides name, address, date of birth and country of citizenship, along with the address of the rental property, the effective date of lease or rental agreement and the name of the landlord.
» Applicant declares whether he or she is a U.S. citizen. For a non-U.S. citizen, the applicant either provides an identification number that establishes his or her lawful presence in the country or declares that it is unknown.
» Upon receiving the completed application, the City Clerk’s Office immediately issues the license, without scrutiny of the information.
» For applicants who state they are U.S. citizens, no further action is taken.
VERIFICATION AND ENFORCEMENT
How it is supposed to work:
» If the applicant is not listed as a U.S. citizen, the Fremont Police Department asks the federal government to determine whether the person is lawfully present in the country.
» If the federal government determines that the applicant is lawfully present, no further action is taken.
» If the person is determined to be unlawfully present, the Police Department issues a notice giving the person 60 days to submit additional information.
» After 60 days, Fremont police again query the federal government.
» If the federal government reports for a second time that the applicant is not lawfully present, the Fremont Police Department notifies the person and landlord that the occupancy license is being revoked.
Source: City of Fremont