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6 Calif. L. Rev. Circuit 1 (2015)

handle is hein.journals/callro6 and id is 1 raw text is: California Law Review Circuit Vol. 6 January 2015 Copyright (© 2015 by California Law Review, Inc. No State Power: Critiquing the Eighth Circuit's Preemption Analysis in Keller v. City of Fremont Meghan Harrington* INTRODUCTION In Keller v. City of Fremont, the Eighth Circuit overturned the U.S. District Court for the District of Nebraska, finding that federal law did not preempt a municipal housing ordinance that prevents undocumented immigrants from renting property anywhere in the City of Fremont.' I contend that the Eighth Circuit erred in its application of preemption doctrine. The Third, Fifth, and Eleventh Circuits have all overturned housing provisions similar to Fremont's. Although the Supreme Court denied certiorari to review 2 Keller H in May 2014, the conflict among the circuits' preemption analyses remains and must be resolved.3 The Supreme Court should rectify the preemption analysis in Keller H by resolving the circuit split, applying the Third, Fifth, and Eleventh Circuits' application of preemption doctrine to local laws that restrict the ability of immigrants to reside in certain locations. Such laws are inconsistent with federal immigration policy and invade the exclusive * J.D. Candidate, 2015, UC Berkeley School of Law; B.A., University of Colorado, Boulder. 1. Keller v. City of Fremont, 719 F.3d 931 (8th Cir. 2013) [hereinafter Keller 1]. While there is a compelling argument to be made that the Fremont Ordinance and others like it are unconstitutional on Fourteenth Amendment Equal Protection grounds, this Note is limited to a critique of the preemption analysis in Keller I. 2. Id, cert. denied, 134 S. Ct. 2140 (2014). 3. Since its decision in Arizona, the U.S. Supreme Court has denied certiorari in Keller IL Lozano v. City of Hazleton, 724 F.3d 297 (3d Cir. 2013) [hereinafter Lozano III], and Villas at Parkside Partners v. City of Farmers Branch, 726 F.3d 524 (5th Cir. 2013) (en banc) [hereinafter Farmers Branch], despite the circuits' conflicting interpretations of Arizona as applied to immigration preemption analysis.

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