Can governors actually block refugee resettlement?

[WestVirginiaRebel]

Hot Air:

So far, almost half of America’s governors have demanded a halt to Barack Obama’s plans to admit tens of thousands of refugees from the collapse of Syria. That includes one Democratic governor, New Hampshire’s Maggie Hassan, while seven other Democrats are giving the green light to resettlement. However, neither of these positions will end up mattering, at least not legally, as governors have no authority to restrict the federal government’s actions on asylum decisions:

 

Under Section 412 of the Immigration and Nationality Act, states do not have the authority to refuse foreign nationals who have been granted asylum or refugee status by the federal government. Additionally, the White House does not need to consult with states on decisions to parole or give refuge to foreign nationals.

 

“Under the INA, the president must only seek ‘appropriate consultation’ when deciding to admit refugees. The term appropriate consultation is defined to include cabinet level representatives and committees on the Judiciary of the Senate and House. State participation is not referenced in the resettlement process,” Dale Wilcox, executive director of the Immigration Reform Law Institute, told the Washington Examiner.

 

However, the Office of Refugee Resettlement is required to consult with state and local governments and nonprofit agencies to accept recommendations made by state officials.

 

Although 26 states do not wish to take in Syrian refugees, seven — Colorado, Connecticut, Delaware, Hawaii, Pennsylvania, Vermont and Washington — have said they will.

 

 

Even if these governors had the ability to tell the federal government not to settle refugees in their states, which they don’t, how would they enforce that once the refugees are here? Let’s say, for argument’s sake, that the Obama administration decided to settle all of the Syrian refugees in the state of Washington. What’s to keep them from loading up the family sedan and trekking to Alabama, Texas, or any of the other states that have put up the NO VACANCY sign? The US does not have internal passports or papers checks at state borders (nor do we want any), and in fact we’d have no papers to check.

 

In other words, these are political protests, not definitive actions. These governors might be able to use the INA to fend off the federal government if they wanted to open a resettlement center in their state, although that might still be ultimately outside their authority. But eventually, refugees who want to live in these states would get there, regardless of these statements, if Obama decided to grant asylum to the refugees. Once they’re in, they’re in, and to stay unless and until they commit an act that would prompt their expulsion. As we saw in Paris, the risk is that will be too late.

________

 

Promises, or posturing?

[clearvision]

Nothing they can really do once they are in the country other that possibly deny state benefits.

[Draggingtree]

Feds tell Texas resettlement agencies that state cannot block Syrians

By Brian M. Rosenthal

Updated 4:20 pm, Wednesday, November 25, 2015

AUSTIN -- The federal government on Wednesday informed refugee resettlement agencies in Texas and across the United States that states do not have the authority to refuse to accept Syrians.

 

The statement, made in a letter obtained by the Houston Chronicle, marks the first time that federal refugee program officials formally have denounced statements by governors including Greg Abbott of Texas and may signal they will place Syrians here and elsewhere regardless of the governors' wishes.

http://www.chron.com/news/politics/texas/article/Feds-tell-Texas-resettlement-agencies-that-state-6657517.php

[Draggingtree]

Obama administration tells states they can't block resettlement of refugees

Published November 26, 2015 Associated Press

 

WASHINGTON – Amid a growing political controversy, the Obama administration told state officials Wednesday that states do not have legal authority to refuse to accept Syrian refugees.

 

The Office of Refugee Resettlement said in a letter to state resettlement officials that states may not deny benefits and services to refugees based on a refugee's country of origin or religious affiliation.

 

States that do not comply with the requirement would be breaking the law and could be subject to enforcement action,

http://www.foxnews.com/politics/2015/11/26/obama-administration-tells-states-cant-block-resettlement-refugees.html?intcmp=trending

[Draggingtree]

The State of Texas: February 9, 2016 Judge strikes down effort to block refugees, disbarment of Anthony Grave’s prosecutor upheld, and the Dallas porn fight.

 

 

February 9, 2016

By Jeff Winkler0 Comments

Daily Roundup Settled — It looks like those dangerous downtrodden refugees are coming to Texas after all. On Monday, a judge shot down Attorney General Ken Paxton’s efforts to block the resettlement of Syrian refugees by the federal government. In his decision, U.S. District Judge David Godbey said Paxton “failed to provide sufficient evidence showing that terrorists had infiltrated the refugee program, ‘much less that these particular refugees are terrorists intent on causing harm,'” according to the Austin American-Statesman. Judge Godbey didn’t denying there was a risk of refugees being terrorists, just that there was no concrete proof of it. The decision shouldn’t be too surprising since Godbey issued a similar ruling when the state attempted an emergency order blocking the refugees back in December. “The state’s next move is unclear; [a spokeswoman] said the AG’s office is ‘currently evaluating’ its legal options moving forward. In his ruling, Godbey said Texas is unlikely to succeed in the lawsuit because it has ‘no viable cause of action’ against the federal government,” according to the Texas Tribune. “Another, separate motion by the state asking the judge to temporarily bar the federal government from placing Syrian refugees in the state is still pending.” –

http://www.texasmonthly.com/the-daily-post/the-state-of-texas-february-9-2016/#sthash.v5jqaTpi.dpuf

[Valin]

Meanwhile across The Pond

Police raid two addresses in German village after 'ISIS commander' living there as a refugee gives a TV interview
Simon Tomlinson
9 February 2016

Police carried out anti-terror raids in a German village after a TV station interviewed a refugee who is suspected of being an ISIS commander.

Officers searched the homes of two men living in migrant housing in Sankt Johann, near the western city of Mainz, after they were suspected of being part of an extremist organisation.

It came after German news website Spiegel Online reported that it had tracked down one of the men, a 32-year-old Syrian which it claimed was an former ISIS commander.

(Snip)

 

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He probably just had a serious craving for sauerkraut. Yeah, that's it!

[Draggingtree]

Texas threatens to 'exit' the federal refugee program over terrorist concerns

By Kevin Diaz

Updated 2:08 pm, Wednesday, September 21, 2016

 

Texas, which has taken in more refugees than any state in the nation over the past year, is threatening to leave the federal refugee program if the Obama administration does not meet its security demands.

 

 

The dispute comes as the Obama administration has announced a new goal of resettling 110,000 refugees in the United States in the coming year, including an unspecified increase in the number from Syria.

http://www.chron.com/news/politics/article/Texas-threatens-to-exit-the-federal-refugee-9236722.php