Monday, May 5, 2014
Reuters reports that the U.S. Supreme Court today denied certiorari in a case seeking review of Keller v. City of Fremont in which the U.S. Court of Appeals for the Eighth Circuit rejected a federal preemption challenge to a Fremont, Nebraska immigration enforcement ordinance. Passed in 2010, the ordinance, among other things, provides that landlords are prohibited from renting to undocumented immigrants. The Mexican American Legal Defense & Educational Fund represented the plaintiffs and argued that the ordinance was trumped by federal immigration law.
Since June 2012 when the Court struck down core provisions of Arizona's S.B. 1070 in Arizona v. United States, the Court has refused to review a series of cases raising the issue of federal preemption of state and local immigration enforcement laws. A few weeks ago, the Court denied certiorari in a case in which the lower court had found that provisions of S.B. 1070 not at issue in Arizona v. United States were preemepted by federal law. In March, the Supreme Court declined to take up two similar cases in which lower courts had struck down similar ordinances (Farmers Branch, Texas and Hazleton, Pennsylvania). The ordinances in those cases were slightly different in that they imposed penalties on immigrants, which the Fremont ordinance does not.