Nebraska ACLU Sues for Records on Immigrant Rental Bans

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Key Takeaways:

Nebraska ACLU sued USCIS for records on Fremont and Scribner anti-immigrant rental ordinances after a delayed FOIA request.
Fremont’s 2010 and Scribner’s 2018 ordinances require occupancy licenses, scrutinizing immigrants’ status, potentially leading to discrimination.
The lawsuit demands USCIS transparency and records, revealing federal involvement and ensuring ordinances comply with fair housing laws.

What is the Nebraska ACLU Lawsuit About?

A significant legal tussle has arisen between the Nebraska ACLU and a federal agency over renting bans that impact immigrants. The Nebraska ACLU is pursuing records related to two Nebraska cities’ attempts to prevent immigrants not legally in the country from renting homes within their communities.

Nebraska ACLU Sues for Records on Immigrant Rental Bans

Why is the Nebraska ACLU Suing for Immigrant Records?

The Association filed a Freedom of Information Act (FOIA) lawsuit, targeting the U.S. Citizenship and Immigration Services (USCIS) to release communications about enforcing anti-immigrant ordinances in Fremont and Scribner. The request arose after the ACLU’s original email to USCIS on November 9, 2021, seeking this information remained unanswered for over two and a half years.

How Did the USCIS Respond to the FOIA Request?

“To date, USCIS has failed to respond to produce the documents sought in the request in any way, let alone process the request ‘promptly,’ as required by FOIA for all requests,” noted ACLU attorney Dylan Serverino, in the lawsuit filed in U.S. District Court of Nebraska.

What Do the Fremont and Scribner Ordinances Entail?

Fremont: In June 2010, Fremont introduced an ordinance mandating potential renters to obtain occupancy licenses. Applicants had to answer questions about their immigration status, after which the Fremont Police Department would verify the information via USCIS’ Systematic Alien Verification for Entitlements (SAVE) program.
Scribner: Following suit, Scribner passed a similar ordinance in November 2018, enforcing the same requirements for renters regarding their immigration status.

What Actions Has the Nebraska ACLU Taken?

Back in 2010, the Nebraska ACLU challenged Fremont’s ordinance, arguing it conflicted with federal powers to regulate immigration and induced discriminatory outcomes. Although the Eighth Circuit Court ruled against their challenge, the association persisted, highlighting matters of racial profiling and fair access to housing.

Why is There a Sense of Urgency in the Lawsuit?

Serverino explained, “Nebraskans have a right to know if and how federal officials have been involved in any efforts to enforce anti-immigrant ordinances that invite discriminatory questions and racial profiling. Federal law includes clear guidelines on processing public records requests, and there is no excuse for years of inaction on any request — let alone one that involves something as important as fair access to housing.”

Has the Local Sentiment Around Immigration Changed?

Recent developments suggest a shift in local attitudes. Fremont Mayor Joey Spellerberg, during the Nebraska Immigration & Workforce Summit, emphasized the urgency of embracing the immigrant community to fill jobs, reflecting how some perspectives have evolved in the city. “It’s impossible to enforce,” Spellerberg noted, referring to the ordinance that still technically exists.

Why are These Records Important?

The records from USCIS and the Department of Homeland Security are crucial. They could unveil how federal involvement has aided or influenced the enforcement of these local ordinances. The lawsuit aims not just for transparency but for accountability in how immigration laws are interpreted and applied on the ground, ensuring that they don’t foster discrimination.

What’s Next in the Legal Process?

Filed in the U.S. District Court in Lincoln, the lawsuit seeks a judicial directive for a timely search and release of the required records. Besides the data, the ACLU also demands compensation for attorney fees and other litigation costs, asserting their legal right to the information.

For more information on your rights under FOIA or to follow this case, check the established guidelines provided by U.S. Citizenship and Immigration Services.

Conclusion

According to VisaVerge.com, understanding these legal challenges around renting bans in Nebraska illustrates a broader fight for immigrant rights and fair housing practices. The Nebraska ACLU’s persistence underscores the importance of transparency and legality in enforcing local ordinances, ensuring they align with federal laws and humanitarian principles.

In summary, the Nebraska ACLU lawsuit is not just a fight for records but a broader battle for fair and non-discriminatory treatment of immigrants, encapsulating years of legal and social activism.

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Glossary

Freedom of Information Act (FOIA): A U.S. law that grants the public the right to request access to records from any federal agency. It ensures government transparency and accountability. In this case, the Nebraska ACLU used FOIA to request records from USCIS.
Systematic Alien Verification for Entitlements (SAVE) Program: A government program that allows agencies to verify an individual’s immigration status using information from the Department of Homeland Security. Fremont used this program to verify renters’ immigration status.
Ordinance: A law or regulation enacted by a municipal authority. In Fremont and Scribner, ordinances were passed requiring renters to disclose their immigration status to obtain occupancy licenses.
U.S. Citizenship and Immigration Services (USCIS): A federal agency that oversees lawful immigration to the United States. The Nebraska ACLU filed a lawsuit against USCIS to obtain records related to the enforcement of anti-immigrant ordinances.
Racial Profiling: Discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on their race or ethnicity. The Nebraska ACLU argues that the ordinances in Fremont and Scribner promote racial profiling against immigrants.

This Article In A Nutshell:

The Nebraska ACLU is suing USCIS for delayed responses to a FOIA request. They seek records related to local ordinances in Fremont and Scribner that restrict immigrants from renting homes, aiming to uncover potential federal involvement and promote fair housing without discrimination.
— By VisaVerge.com

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