US judge sending question of validity of Fremont immigration ordinance to Nebraska high court

By Margery A. Beck, AP
Thursday, August 26, 2010

Neb. high court to get immigration-law question

OMAHA, Neb. — A federal judge says the Nebraska Supreme Court should answer a legal question about whether a Nebraska city’s ban on hiring and renting to illegal immigrants is allowed by state law.

U.S. District Judge Laurie Smith Camp ruled late Wednesday on briefs from parties in lawsuits filed by the American Civil Liberties Union of Nebraska and the Mexican American Legal Defense & Educational Fund, also known as MALDEF. Those lawsuits challenging Fremont’s ban have since been combined.

Smith Camp had asked for the briefs last month, saying she wasn’t sure whether the lawsuit should be heard in federal or state court.

Lawyers have until Sept. 1 to craft the language of the question that Smith Camp will present to the Nebraska Supreme Court.

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