The 3rd Circuit of the U.S. Court of Appeals has struck down a Hazleton, PA immigration ordinance on the grounds that it interferes with the federal government’s authority to regulate immigration.
The Hazleton law had some similarities to the Fremont ordinance now being challenged in Federal District Court in Omaha. The attorney for the City of Fremont, Kris Kobach, says the Fremont ordinance differs from the Hazleton ordinance in some significant respects.
Kobach explained, “We have a long way to go. An appeal of Fremont’s ordinance would likely go to the 8th Circuit of the U.S. Court of Appeals. Valley Park Missouri was victorious in its defense of a similar ordinance both in the District Court for the Eastern District of Missouri and in the 8th Circuit. The precedent at the district and appellate levels are favorable to Fremont’s case.”
Kobach is the principal author of both ordinances. The Fremont City Council has suspended enforcement of the local ordinance until the case is resolved in the courts.