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Immigration - FAQ

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1. What parts of the Ordinance are being enforced?

Only the sections requiring qualifying businesses to register and use E-Verify.

2. What about the occupancy license portion of the Ordinance?

This part of the Ordinance is being appealed to the Eighth Circuit Court of Appeals. At the recommendation of the attorney defending the City, Kris Kobach, the City of Fremont has delayed enforcement of the occupancy license requirements until the pending appeal(s) are finished.

3. Who must register with E-Verify?

a. Any business entity that applies for any business license or permit in the City, or is awarded a contract for work to be performed in the City, or applies for any grant or loan from the City.
b. Every business entity employing one or more employees and performing work within the City shall register within 60 days after the effective date of the Ordinance.
c. Any business entity employing one or more employees that begins performing work within the City later than 60 days after the effective date of the Ordinance.

4. When does the Ordinance go into effect?

The Ordinance became effective March 5, 2012. The date that qualifying businesses are required to comply with the Ordinance is May 4, 2012.

5. What is a “business entity” as defined by Ordinance 5165?

"Business entity means any person, group of persons, partnership or corporation that engages in any activity, enterprise, profession or occupation for financial gain, benefit, or livelihood, and shall include all such activities, enterprises, professions, or occupations, whether performed in one or more establishments by one or more corporate or other organizational units, including departments or establishments operated through leasing arrangements, whether for profit or not-for-profit. The term business entity shall include but not be limited to contractors, subcontractors, self-employed individuals, partnerships, and corporations. The term business entity shall include both business entities that are required to obtain a license or permit to conduct business in the City of Fremont and businesses that are not required to obtain a license or permit to conduct business in the City of Fremont.”

6. Who must execute an affidavit and submit it to the City?

Any business entity that applies for any business license or permit in the City, or is awarded a contract for work to be performed in the City, or applies for any grant or loan from the City is required to execute an affidavit to the effect that the business entity does not knowingly employ any person who is an unauthorized alien. Sample Affidavit

7. Which employees do I need to E-Verify?

Only those who are hired after the registration date.

8. What happens if I do not register?

If the business possesses any business license from the City, a contract for work to be performed in the City, or a loan or grant from the City, they are subject to the following penalties:
- Revocation, cancellation, or recall of any City issued permit, contract, or grant.
- The City may also accelerate any loan issued by the City and institute a civil action to collect any sums due.
- Violators will be tried at a public hearing before the City Council.

Other businesses subject to the Ordinance and those businesses listed above, are subject to the following penalty:
- City Attorney may file civil action seeking injunctive relief forcing compliance with the Ordinance.

9. Will the City of Fremont be offering training on how to use E-Verify?

No, the City will not be offering training. Training is available at: E-Verify Training

10. Spanish Translation of Q & A

Haga clic en el enlace Español