This document discusses state and local efforts in Nebraska to regulate immigration, including proposed bills in the Nebraska legislature in 2010 and 2011, and an ordinance passed in Fremont, Nebraska. The proposed bills aimed to criminalize undocumented immigration, expand E-Verify use, repeal in-state tuition for undocumented immigrants, and eliminate the Latino-American Commission. The Fremont ordinance prohibited harboring illegal aliens and restricted rental properties, requiring occupancy licenses and immigration status verification. The document examines themes around immigration enforcement and employment, and legal issues of federal preemption, uniformity, and the balance between local control and a unified national immigration policy.

2. State and Local efforts to regulate immigrationA case study of Nebraska David P. Weber May 13, 2011

3. Nebraska 1,390 Miles/ 2,235 Km 480 Miles/ 770 Km NEBRASKA 1,260 Miles/ 2,025 Km 1,005 Miles/ 1,620 Km

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7. 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).

8. 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

9. 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

11. Allows racial profiling (to the extent permissible under the law)

12. Prohibits anything other than full enforcement of federal immigration laws

13. Immigration determination required of anyone lawfully stopped when “reasonable suspicion” of unlawful presence exists

14. Criminalizes (state level) failure to register

16. Evidentiary Rules Modified (no foundation or testimony from custodian of records required)

17. Criminalizes (state level) working

18. Criminalizes (state level) harboring and transportation

21. Employment

22. Law & Order v. Humanist

23. Race

25. Uniformity

26. Hierarchy

27. Local Mechanisms

28. Dialogue

30. Is there a principled distinction available?

31. Understanding the motivations behind local legislation is of paramount importance