LatinoJustice files Amicus Brief in 8th Circuit Court of Appeals to reconsider Fremont, Nebraska Hazelton like anti-immigrant ordinance
An amicus brief written by Jenner & Block and LatinoJustice on behalf of the nation’s leading Latino advocacy and civil rights organizations and Nebraska Appleseed, was filed last month (8th Circuit Court of Appeals) asking the court to reconsider its ruling upholding provisions of Fremont, Nebraska’s anti-immigrant ordinance. The brief details the discriminatory and devastating effects the ordinance has on the Latino community of Fremont and outlines how these negative effects would intensify if the ordinance was fully implemented.
The 8th Circuit’s ruling conflicts with a number of recent decisions issued by other Circuits this summer striking down similar anti-immigrant ordinances finding such ordinances to be clearly pre-empted by the U.S. Constitution. Those other cases include the 3rd Circuit again affirming earlier rulings enjoining Hazelton, Pennsylvania housing and employment ordinances targeting Latinos (in a lawsuit initially filed by LatinoJustice in 2006) the 5th Circuit en banc opinion enjoining Farmers Branch, Texas housing ordinance; and the 4th Circuit enjoining South Carolina Arizona copycat SB20. All the decision followed the U.S. Supreme Court’s 2012 decision in Brewer v. U.S. striking down much of Arizona’s notorious anti-immigrant law, SB1070.
“All of the courts have repeatedly said the same thing: immigration is the purview of the federal government. It’s time for Fremont and other municipalities to stop harassing their Latino residents out of existence” said Jose Perez, Deputy General Counsel for LatinoJustice PRLDEF.
Eddie Jauregui, an associate in Jenner’s Litigation Department, said that the matter was a significant case to the firm as it is one of the most important civil rights cases for Latinos in the country.
The underlying lawsuits challenging the Fremont ordinance were brought by the Mexican American Legal Defense & Education Fund (MALDEF) and the American Civil Liberties Union (ACLU) and were consolidated in the District Court. LatinoJustice filed its amicus brief in support of MALDEF’s petition for en banc review by the Circuit.
Read brief here.