Illegal immigration measure voted down in Fremont

BY CINDY GONZALEZ AND JOHN FERAK

OMAHA WORLD-HERALD STAFF WRITER - Nebraska

July 29, 2008

FREMONT, Neb. — With the nation's immigration spotlight shining on it Tuesday night, the City Council and mayor here killed a controversial proposal aimed at driving away illegal immigrants.

The move came after about three hours of passionate testimony.

The council, after voting to suspend the rules and move up an Aug. 26 vote, then deadlocked 4-4 on the proposed ordinance.

Mayor Donald Edwards was the tie-breaker. After reading from a prepared statement, he cast a "no" vote.

Edwards said he was strongly against illegal immigration and the vote had weighed heavily on his mind, but he made his decision after consulting with several law firms in the Omaha area.

"Trying to enforce this type of ordinance would be very expensive, hundreds of thousands of dollars, possibly millions," he said. "I am of the opinion this is a federal law. I vote no."

Boos from an audience that shrank as the night wore on were drowned out by a standing ovation cheering Edwards' vote.

Before the votes, more than 1,000 people filled the Fremont High School auditorium for a public hearing on the proposal, which would have penalized those who rented to or employed illegal immigrants within Fremont's boundaries.

They came from Omaha, Lincoln, Columbus and elsewhere in Nebraska to speak on what would be the state's first city-driven proposal to clear its borders of illegal immigrants.

The proposal had elevated tensions in this town of 25,000 like no other issue in recent history, and that was reflected by the heavy law enforcement presence — some 50 officers from the Fremont and Omaha Police Departments, the Nebraska State Patrol and the Dodge County Sheriff's Office — and strict procedures.

The auditorium was swept by a bomb-sniffing dog before the public filed in two lines past portable and hand-held metal detectors.

Those testifying lined up at two separate microphones according to their position on the issue and took turns speaking for and against, with comments limited to three minutes each.

More than a dozen officers were scattered throughout the auditorium and, at times, scolded people if they applauded or otherwise attempted to react to a speaker.

Except for an elderly man wearing a veterans cap who was kicked out by police after he yelled, "Bring it on!" the hearing was generally orderly.

People began arriving at the high school parking lot before 5 p.m., and the last of 75 speakers spoke about 11 p.m.

Councilman Gary Bolton, who voted against the ordinance, said he, too, was frustrated with the way federal officials have failed to enforce immigration laws. But he said the ordinance would be costly.

Councilman Scott Getzschman noted that many constituents asked to put an end to the proposal and the heightened tensions it brought to Fremont.

The debate also brought e-mails, letters and talk show requests from across the country.

Also voting against the ordinance were council members John Anderson and Jon Gilfry.

Voting in favor, with no comment, were Charlie Janssen, Mary Marsh and Scott Schaller. Bob Warner, who proposed the ordinance, said he believed that the ordinance could be enforced.

During the hearing, supporters of the ordinance cited crime, disease and abuse of public assistance as reasons that the City Council should pass the ordinance.

"Yes, I'm frustrated," said Susan Smith of Fremont, contending that illegal immigrants are the main cause of disease coming into the United States.

Robert Hollister of Omaha wore a T-shirt that said, "Illegal aliens harm U.S. economy and ecology," and his wife wore one that said, 'Where's the fence?"

"The federal government's dropped the ball," Robert Hollister told the council. "The Unicameral's dropped the ball."

John Wiegert, a Fremont resident who teaches in Yutan, said the ordinance was needed to alleviate a burden on schools and emergency rooms.

"Racism has nothing to do with this ordinance," Wiegert said. "This ordinance is about what is legal and what is illegal. If the federal government is not going to watch out for us, then we need to watch out for ourselves."

Others questioned why their city should pay to defend an ordinance that attorneys have told the council is unconstitutional and unenforceable.

Several said that they were embarrassed by the proposal and that it made Fremont look intolerant.

"We do not feel this ordinance will benefit Fremont in any way," said Christy Fiala, a Fremont native who said she represented a coalition of local churches, schools and social service agencies. "Rather it will negatively impact Fremont."

Severiano Franco of Lincoln said the council could distinguish itself by enacting the ordinance. "You'll be No. 1," he said, "You'll be the biggest bigoted, racist city in the state."

Stacey Escobedo of Fremont said she and her husband have spent $7,000 and seven years trying to remedy his immigration status. Her husband, who entered the United States on a legal visa that has since expired, has adopted her children.

"I'm very irritated," she said. "This ordinance is disgusting."

Each side presented the council with petitions.

The proposal would have required contractors and employers who got licenses, permits or loans from the city to participate in a program that electronically verified a job applicant's immigration status.

Noncompliance could have resulted in the yanking of a city license, loan or grant.

Landlords who leased to illegal immigrants would have faced a $100 fine. Under special licensing requirements — which would have applied to every renter regardless of heritage — an occupant would have had to buy a $5 occupancy license, issued only after local police had verified immigration status.

As the seats filled Tuesday night, more than 200 people were left waiting outside.

When Warner asked why the people outside couldn't be seated, he was told that the auditorium wasn't staffed on the upper level. Warner moved to open those seats to the public. The council supported him unanimously, drawing applause.

Said Nancy Canales, a resident of Fremont for more than 20 years: "I've never seen an issue that has created such a commotion."

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