FREMONT, Neb (KMTV) — In 2010 the City of Fremont made national headlines when it passed a local law banning people who were in the country illegally from owning homes.
Soon after the law passed the ACLU of Nebraska filed suit in a challenge that made its way to the 8th circuit court.
The court uphEld the law and in 2018, nearby Scribner passed a similar ordinance.
but that hasn't eased the ACLU's worries about potential discrimination.
"We still have really big concerns about if this were enforced, if it would be discriminatory then," said Dylan Severino, a legal fellow with the ACLU of Nebraska.
In 2021 the ACLU, still concerned about discriminatory enforcement of the laws, requested records from the US Citizenship and Immigration Services about how often the law was being enforced.
They have waited patiently for the federal government to respond but in the years since, they haven't received a response.
"There is a time limit in how long the federal government has to respond. It's twenty days, or thirty days if they ask for an extension. Now it's been 3 years," said Severino.
The cities of Fremont and Scribner have seen mixed reactions to the laws and it's unclear how often it has been enforced in either communities.
Severino says that he has seen statements from city officials that the laws are unenforceable.
But regardless of those statements he says the laws are still on the books and the ACLU can't investigate potential discrimination without those records.
"Immigrants are our friends, families and neighbors. These ordinances are a very strong message coming out of Fremont and Scribner. Even if the mayor has said its unenforceable they are still law right now. And they send a really strong message," said Severino.
