Immigration Ordinance News
On June 21, 2010, the citizens of Fremont passed a petition initiated ordinance relating to immigration. A copy of the ordinance (PDF) is available. A list of FAQ's is also available.
On April 10, 2014 All sections of Ordinance No. 5165 are being enforced.
1. E-VERIFY: The effective date of the employment provisions of Ordinance 5165 (sections 1 and 5) is March 5, 2012. All business entities doing business in the City of Fremont that employ one or more persons must register in the E-Verify program on or before May 4, 2012. A business entity may register online. A business entity that applies for any contract, loan, grant, license or permit from the City after March 5, 2012, must provide documentation that the business entity has registered in the E-Verify program and must execute an affidavit (PDF) stating that the business entity does not knowingly employ any person who is an unauthorized alien.
2. HOUSING: The effective date of the housing provisions of Ordinance 5165 (sections 2, 3, and 4) is April 10, 2014, and applies only to future tenancies, commencing after Ordinance 5165 goes into effect. (April 10, 2014). The Ordinance requires each adult occupant (age 18 or older) who lets, leases or rents a dwelling unit in the City of Fremont to obtain a residential occupancy license.
3. Obtain an Occupancy License Application here or at the Fremont Municipal Building, located at 400 East Military Avenue, 2nd Floor, City Clerk, Monday – Friday, 8:00 a.m. – 4:30 p.m. There will be a cost of $5.00 per License issued
Under Ordinance 5165, it is unlawful to, among other things,
(1) lease or rent a rental unit as a lessor without obtaining and retaining a copy of the license of each known occupant; or
(2) as a landlord, knowingly permit an occupant to occupy a rental unit without a valid license. The Ordinance does not impose any penalties upon occupants.
Ordinance 5165 relies entirely upon the definitions of immigration status provided by federal immigration law, 8 U.S.C. § 1101, et seq.
The City must accept the federal government's determination of each alien's status, pursuant to 8 U.S.C. § 1373(c).
Judicial review shall also be available. Federal immigration law governs suits for judicial review of actions taken under the ordinance.
The terms of this section shall be applied uniformly, and enforcement procedures shall not differ based on a person's race, ethnicity, religion, or national origin.
The City of Fremont shall not construe Ordinance 5165 to prohibit the rendering of emergency medical care, emergency assistance, or legal assistance to any person.
Any comments may be sent by email.