This Note addresses the recent Eight Circuit opinion in Keller v. City of Fremont, which upheld an Anti-Immigrant Housing Ordinance (AIHO) passed in Fremont, Nebraska. It reviews the doctrine of federal preemption, the long-recognized primacy of federal authority over immigration, and relevant case law. In light of the law and supporting policy, it concludes state and local AIHOs should be preempted by federal law.
Nathan D. Clark,
“Not the Place for You”: Anti-Immigrant Housing Ordinances, Federal Preemption, and Keller v. City of Fremont, 719 F.3d 931 (8th Cir. 2013), cert. denied, 134 S. Ct. 2140 (2014),
93 Neb. L. Rev. 226
Available at: http://digitalcommons.unl.edu/nlr/vol93/iss1/8