Federal v. State Issue United States Constitution: Article 1, Section 8, Clause 4, vests exclusive power over naturalization matters to the federal government. The U.S. Supreme Court has recognized that "the authority to control immigration...is vested solely in the federal government." Truax v. Raich, 239 U.S. 33, 42 (1915).
2010 Immigration Bills In the first half of 2010, every state in regular session considered laws relating to immigrants or immigration. Approximately 1,400 bills introduced Approximately 315 laws enacted (20% increase over previous year) 2011 shows no signs of decline. National Conference of State Legislators
Nebraska’s Proposed Immigration Laws LB 48 – Criminalization of Undocumented Immigration LR 28 – Secure Communities Program LR 569 – Expansion of E-Verify LB 599 – Prenatal Care Coverage LB 657 – Repeal In-state Resident Tuition LB 215 – Driver’s License LB 172 – Eliminate Latino-American Commission
Criminalizes (state level) harboring and transportation
Criminalizes (state level) recruitment to Nebraska by anyone
A City’s Response Fremont’s Ordinance: Harboring Illegal Aliens prohibited Restricts rental of anyresidential unit Requires any occupant over 18 to obtain an occupancy license from the Fremont Police Department Each occupant must obtain one Also requires disclosure of full name and date of birth of each minor dependent residing with the occupant Sworn statement that individual is a United States citizen; or an identification number that establishes the alien’s lawful presence in the United States Information may be shared with other government Failure to comply results in fines and loss of business license E-Verify Mandated Prohibitions on Hiring