Tennessee sues federal government over refugees
Joel Ebert , USA TODAY NETWORK - Tennessee Published 11:42 a.m. CT March 13, 2017 | Updated 4 hours ago
Play
0:06
0:54
Fullscreen
Refugee Candlelight Vigil
Refugee Candlelight Vigil
CLOSE
Tennessee Immigrant and Refugee Rights Coalition holds a candlelight vigil to show support for Syrian refugees. George Walker IV / The Tennessean
Buy Photo
(Photo: Joel Ebert / The Tennessean)
1349 CONNECT[url=https://twitter.com/intent/tweet?url=http%3A//tnne.ws/2nge7pc&text=Tennessee sues federal government over refugees&via=tennessean]TWEET[/url] 3 LINKEDIN 99 COMMENTEMAILMORE
Tennessee became the first state in the nation on Monday to sue the federal government over refugee resettlement on the grounds of the Tenth Amendment of the U.S. Constitution.
The lawsuit, filed on behalf of several state lawmakers Monday morning in the western district of Tennessee, contends that the federal government has violated the Tenth Amendment, which says the federal government possesses only the powers delegated to it by the U.S. Constitution and that all other powers are reserved for the states.
The charge that the federal government is not complying with the Refugee Act of 1980, based on the Tenth Amendment, makes Tennessee's lawsuit the first of its kind. Other states have sued the federal government over refugee resettlement but on different legal grounds.
The nation continues to debate refugee resettlement and immigrant rights as it awaits President Donald Trump's new travel ban. The ban, set to take affect Thursday, bars travel for many people from six Muslim-majority counties and is considered by Trump's opponents to function essentially as a Muslim ban, although the administration denies this charge.
The lawsuit argues that the federal government has unduly forced states to pay for the refugee resettlement program. The federal refugee act was designed to create a permanent procedure for the admission of refugees into the United States.
The lawsuit asks the court to force the federal government to stop resettling refugees in Tennessee until all costs associated with the settlement are incurred by the federal government.
"Plaintiffs will suffer significant and irreparable harm unless this Court intervenes," the 15-page lawsuit states.
The defendants named in the lawsuit include the U.S. Department of State, Secretary of State Rex Tillerson, the Bureau of Population, Refugees and Migration, the U.S. Department of Health and Human Services and the Office of Refugee Resettlement.
READ MORE: Tennessee Senate Majority Leader: Refugee resettlement lawsuit could be filed soon
The state's lawsuit is brought by the the Thomas More Law Center, a Michigan-based legal group that has taken on several conservative legal causes in recent years.
The selection of the Thomas More Law Center came after lawmakers overwhelmingly approved a resolution approving the lawsuit and after Tennessee Attorney General Herbert Slatery declined to initiate the case.
Organizations such as the American Civil Liberties Union of Tennessee and the Tennessee Immigrant and Refugee Rights Coalition have slammed the forthcoming lawsuit saying it will negatively affect the state’s refugee community and perpetuate a culture of fear.
"Amidst the largest displacement of people since World II, the president has already brought the entire refugee resettlement program to a grinding halt, shutting our doors on families fleeing war and violence," said Stephanie Teatro, executive director of the coalition. "Not wanting to be outdone by the federal government, our legislature is proceeding with this extreme lawsuit in hopes of locking the door and throwing away the key.
"Though this lawsuit is bound to fail in the courts, it's very filing assures Tennessee's place in a very dark chapter of our country's history," she said. "But just as the courts will dismiss this lawsuit, Tennesseans will also reject this betrayal of our values and demand real leadership from our elected leaders."
Joining the lawsuit are Sen. John Stevens, R-Huntingdon, and Rep. Terri Lynn Weaver, R-Lancaster.
"The Constitution does not allow the Federal Government to force me as the elected representative of the 24th Senate District to implement federal programs while they sit in Washington insulated from the consequences," Steven said in a news release.
Weaver, who helped push the resolution in the House last year, said the legislation was among the most important measure she's ever work on.
"The only way we can get back to our constitutional beginnings and the intent birthed by our Founding Fathers is to go and take it back," Weaver said. "We are looking forward to linking arms with the Thomas More Law Center for the long haul to regain sovereignty for our great State."
Last month, Senate Majority Leader Mark Norris, R-Collierville, said the state's lawsuit was on hold as he sought a meeting with members of President Donald Trump's administration. Norris has not yet had the meeting.
Norris said in the news release that he hopes the lawsuit is not seen as a criticism of the Trump administration.
"We want to convey to the President that we support his efforts concerning immigration and refugee resettlement and believe this suit for declaratory relief is consistent with what would likely be his position regarding states like Tennessee which have withdrawn from the refugee resettlement program but are forced to continue paying costs associated with it," he said.
In the lawsuit, the Thomas More Law Center points to the fact that Tennessee opted out of the federal refugee resettlement program. Despite opting out, refugees have continued to be sent to Tennessee, with the federal government appointing Catholic Charities of Tennessee to administer the program.
"Operation of the federal refugee resettlement program commandeers Tennessee’s funds through Medicaid with the threatened loss of nearly $7 billion, amounting to 20 percent of its overall state budget — money that is needed to fund services that are critical to the health and welfare of countless Tennesseans," the lawsuit states.
Holly Johnson, state refugee coordinator for Catholic Charities in Tennessee, said there aren't special costs that fall on the state when it comes to resettling refugees.
"The state doesn’t pay for any special services for them because they’re refugees. They’re not eligible for anything that you and I aren’t eligible for," Johnson said Monday in a telephone interview.
That means if a refugee meets the already existing eligibility requirements for TennCare, then the state may pay that benefit. Or if refugee children need to go to school, the state pays the same for the child's attendance as anyone else at the school. But any benefits related to employment are paid for by the federal government, Johnson said.
Catholic Charities resettled a little [url=http://www.cctenn.org/pdffiles/2016 Arrival Data %28Web version%29ALL_2016.pdf]more than 2,000 refugees[/url] in Tennessee during the 2016 fiscal year, which started in October. The majority of those refugees came from countries not included on the president's new travel ban.
http://www.tennessean.com/story/news/politics/2017/03/13/tennessee-sues-federal-government-over-refugees/99123670/
Joel Ebert , USA TODAY NETWORK - Tennessee Published 11:42 a.m. CT March 13, 2017 | Updated 4 hours ago
Play
0:06
0:54
Fullscreen
Refugee Candlelight Vigil
Refugee Candlelight Vigil
CLOSE
Tennessee Immigrant and Refugee Rights Coalition holds a candlelight vigil to show support for Syrian refugees. George Walker IV / The Tennessean
Buy Photo
(Photo: Joel Ebert / The Tennessean)
1349 CONNECT[url=https://twitter.com/intent/tweet?url=http%3A//tnne.ws/2nge7pc&text=Tennessee sues federal government over refugees&via=tennessean]TWEET[/url] 3 LINKEDIN 99 COMMENTEMAILMORE
Tennessee became the first state in the nation on Monday to sue the federal government over refugee resettlement on the grounds of the Tenth Amendment of the U.S. Constitution.
The lawsuit, filed on behalf of several state lawmakers Monday morning in the western district of Tennessee, contends that the federal government has violated the Tenth Amendment, which says the federal government possesses only the powers delegated to it by the U.S. Constitution and that all other powers are reserved for the states.
The charge that the federal government is not complying with the Refugee Act of 1980, based on the Tenth Amendment, makes Tennessee's lawsuit the first of its kind. Other states have sued the federal government over refugee resettlement but on different legal grounds.
The nation continues to debate refugee resettlement and immigrant rights as it awaits President Donald Trump's new travel ban. The ban, set to take affect Thursday, bars travel for many people from six Muslim-majority counties and is considered by Trump's opponents to function essentially as a Muslim ban, although the administration denies this charge.
The lawsuit argues that the federal government has unduly forced states to pay for the refugee resettlement program. The federal refugee act was designed to create a permanent procedure for the admission of refugees into the United States.
The lawsuit asks the court to force the federal government to stop resettling refugees in Tennessee until all costs associated with the settlement are incurred by the federal government.
"Plaintiffs will suffer significant and irreparable harm unless this Court intervenes," the 15-page lawsuit states.
The defendants named in the lawsuit include the U.S. Department of State, Secretary of State Rex Tillerson, the Bureau of Population, Refugees and Migration, the U.S. Department of Health and Human Services and the Office of Refugee Resettlement.
READ MORE: Tennessee Senate Majority Leader: Refugee resettlement lawsuit could be filed soon
The state's lawsuit is brought by the the Thomas More Law Center, a Michigan-based legal group that has taken on several conservative legal causes in recent years.
The selection of the Thomas More Law Center came after lawmakers overwhelmingly approved a resolution approving the lawsuit and after Tennessee Attorney General Herbert Slatery declined to initiate the case.
Organizations such as the American Civil Liberties Union of Tennessee and the Tennessee Immigrant and Refugee Rights Coalition have slammed the forthcoming lawsuit saying it will negatively affect the state’s refugee community and perpetuate a culture of fear.
"Amidst the largest displacement of people since World II, the president has already brought the entire refugee resettlement program to a grinding halt, shutting our doors on families fleeing war and violence," said Stephanie Teatro, executive director of the coalition. "Not wanting to be outdone by the federal government, our legislature is proceeding with this extreme lawsuit in hopes of locking the door and throwing away the key.
"Though this lawsuit is bound to fail in the courts, it's very filing assures Tennessee's place in a very dark chapter of our country's history," she said. "But just as the courts will dismiss this lawsuit, Tennesseans will also reject this betrayal of our values and demand real leadership from our elected leaders."
Joining the lawsuit are Sen. John Stevens, R-Huntingdon, and Rep. Terri Lynn Weaver, R-Lancaster.
"The Constitution does not allow the Federal Government to force me as the elected representative of the 24th Senate District to implement federal programs while they sit in Washington insulated from the consequences," Steven said in a news release.
Weaver, who helped push the resolution in the House last year, said the legislation was among the most important measure she's ever work on.
"The only way we can get back to our constitutional beginnings and the intent birthed by our Founding Fathers is to go and take it back," Weaver said. "We are looking forward to linking arms with the Thomas More Law Center for the long haul to regain sovereignty for our great State."
Last month, Senate Majority Leader Mark Norris, R-Collierville, said the state's lawsuit was on hold as he sought a meeting with members of President Donald Trump's administration. Norris has not yet had the meeting.
Norris said in the news release that he hopes the lawsuit is not seen as a criticism of the Trump administration.
"We want to convey to the President that we support his efforts concerning immigration and refugee resettlement and believe this suit for declaratory relief is consistent with what would likely be his position regarding states like Tennessee which have withdrawn from the refugee resettlement program but are forced to continue paying costs associated with it," he said.
In the lawsuit, the Thomas More Law Center points to the fact that Tennessee opted out of the federal refugee resettlement program. Despite opting out, refugees have continued to be sent to Tennessee, with the federal government appointing Catholic Charities of Tennessee to administer the program.
"Operation of the federal refugee resettlement program commandeers Tennessee’s funds through Medicaid with the threatened loss of nearly $7 billion, amounting to 20 percent of its overall state budget — money that is needed to fund services that are critical to the health and welfare of countless Tennesseans," the lawsuit states.
Holly Johnson, state refugee coordinator for Catholic Charities in Tennessee, said there aren't special costs that fall on the state when it comes to resettling refugees.
"The state doesn’t pay for any special services for them because they’re refugees. They’re not eligible for anything that you and I aren’t eligible for," Johnson said Monday in a telephone interview.
That means if a refugee meets the already existing eligibility requirements for TennCare, then the state may pay that benefit. Or if refugee children need to go to school, the state pays the same for the child's attendance as anyone else at the school. But any benefits related to employment are paid for by the federal government, Johnson said.
Catholic Charities resettled a little [url=http://www.cctenn.org/pdffiles/2016 Arrival Data %28Web version%29ALL_2016.pdf]more than 2,000 refugees[/url] in Tennessee during the 2016 fiscal year, which started in October. The majority of those refugees came from countries not included on the president's new travel ban.
http://www.tennessean.com/story/news/politics/2017/03/13/tennessee-sues-federal-government-over-refugees/99123670/
Today at 10:26 am by Rocky
» Kuwait is drilling an oil well near Umm Qasr, towards Iraqi territory
Today at 10:24 am by Rocky
» In the document... the first Iraqi ministry identifies the obstacles to changing the new official wo
Today at 10:22 am by Rocky
» Italian Institute: Iraq is stuck in its own crises, including Baghdad’s efforts to undermine the “au
Today at 10:21 am by Rocky
» The head of the Integrity Commission announces the holding of an international Interpol conference i
Today at 10:18 am by Rocky
» Planning: Iraqi companies are not efficient in conducting the population census
Today at 10:14 am by Rocky
» utube MM&C 4/24/24 Support - USA- Turkey - Timing- Currency Value - Tabled
Today at 8:08 am by Rocky
» MM&C 4/25/24 National Bank of Iraq goes live with Temenos core banking and payments
Today at 8:06 am by Rocky
» utube MM&C 4/26/24 Iraqi Dinar - US Treasury Exchange Rates- Focus - Banking Partnerships - Rate C
Today at 8:06 am by Rocky
» A banking official indicates a "danger" to Iraq by depriving more than half of its banks of dollars
Today at 7:55 am by Rocky
» With the participation of the Association of Private Banks, investment opportunities are on the tabl
Today at 7:45 am by Rocky
» Within a month... an Iranian border crossing recorded a noticeable increase in exports of goods to I
Today at 7:44 am by Rocky
» The Association of Private Banks appreciates the efforts of the government and the Central Bank to c
Today at 7:43 am by Rocky
» Al-Maliki's coalition presents a third candidate for the position of governor of Diyala
Today at 6:57 am by Rocky
» Arab gathering: The Kirkuk problem is getting complicated and the Sudanese must intervene
Today at 6:56 am by Rocky
» Next week.. a Kurdish delegation will visit Baghdad to meet with the Minister of Finance
Today at 6:54 am by Rocky
» Under the pretext of salaries... Al-Party refrains from handing over port revenues to Baghdad
Today at 6:53 am by Rocky
» Association of Banks: For the first time, we are witnessing a clear targeting of depriving half of t
Today at 6:51 am by Rocky
» Parliament does not know the reason for the delay in sending the 2024 budget schedules: Voting takes
Today at 6:49 am by Rocky
» Applicants for the 2024 Hajj are demanding that the Central Bank secure the dollar for them through
Today at 5:09 am by Rocky
» Governmental and private banks will showcase their services tomorrow during Financial Inclusion Week
Today at 5:08 am by Rocky
» Iraq's oil exports rise despite OPEC+ cuts
Today at 5:06 am by Rocky
» A study explodes a "surprise"... Iraq is among the countries that export oil to "Israel": How is the
Today at 5:04 am by Rocky
» Al-Araji emphasizes working to strengthen national identity
Today at 5:02 am by Rocky
» Al-Sudani visits Saudi Arabia to participate in the World Economic Forum in Riyadh
Today at 5:01 am by Rocky
» Iraq is talking about producing one million additional liters of gasoline
Today at 4:59 am by Rocky
» The Council of Ministers approves the implementation of the Baghdad Metro project
Today at 4:56 am by Rocky
» Minister of Commerce: We formed a joint economic committee with Türkiye
Today at 4:55 am by Rocky
» Resources: Government measures have contributed to improving the water situation in Iraq
Today at 4:53 am by Rocky
» Parliamentary Finance: Baghdad will continue to send salaries to the region’s employees until settle
Today at 4:51 am by Rocky
» A parliamentarian describes the corruption of Iraqi ports as “ghouls” and reveals the involvement of
Today at 4:49 am by Rocky
» Obelisk Hour: Basra is the subject of political conflict and ambiguity over the fate of the funds al
Today at 4:48 am by Rocky
» Turkmen leader: An agreement on the local government of Kirkuk is near
Today at 4:45 am by Rocky
» Anbar calls for the operation of its factories despite financial obstacles
Today at 4:44 am by Rocky
» Turki: The crisis of the Presidency of Parliament prompted the Sunnis to amend the Council’s interna
Today at 4:43 am by Rocky
» The Agriculture Committee confirms the existence of Iraqi-Turkish-Iranian discussions on water
Today at 4:42 am by Rocky
» Resources diagnose the challenges facing the water file in Iraq
Today at 4:38 am by Rocky
» Parliament pledges to the Interior Ministry: We will transfer money to buy weapons from citizens
Today at 4:33 am by Rocky
» Al-Issawi is the closest.. Parliament sets the date for deciding the choice of the new president
Today at 4:31 am by Rocky
» Deputy: Iraq's investments have risen and need a comprehensive review of previous years
Today at 4:30 am by Rocky
» Iraqis consume 7 billion eggs annually and import about $900 million
Today at 4:28 am by Rocky
» The Iranian role complicates attempts at open cooperation between Iraq and Turkey. Turkey is trying
Today at 4:26 am by Rocky
» Move in Iran to obtain $242 billion from Iraq in compensation for the eight-year war
Today at 4:25 am by Rocky
» 12 decisions from the Council of Ministers regarding the Baghdad Metro and Najaf-Karbala train proje
Today at 4:23 am by Rocky
» Sudanese Advisor: The path to development has begun... the Baka and the militias “we silence them wi
Today at 4:21 am by Rocky
» Not from Kurdistan.. How did Iraq become a source of oil for “Israeli tanks”?
Today at 4:19 am by Rocky
» Parliamentary Agriculture criticizes the Sudanese and Erdogan agreement: Türkiye will control water
Today at 4:16 am by Rocky
» The Iraqi government issues new decisions
Yesterday at 2:35 pm by Rocky
» The story of “reduced oil” to Jordan, from “compulsion” to mutual benefit.. Is there a loss?
Yesterday at 2:33 pm by Rocky
» The Council of Ministers takes 12 decisions for the Baghdad Metro and the Najaf-Karbala train
Yesterday at 2:32 pm by Rocky
» utube MM&C 4/23/24 Iraqi Dinar - IQD Update - Development Road Project - Saviour of Global Banking
Yesterday at 10:18 am by Rocky
» Kidney from pig transplanted into deathly ill New Jersey woman — and begins working almost immediat
Yesterday at 10:15 am by Bama Diva
» The most difficult option.. Warnings of the danger of floating the Iraqi dinar without achieving an
Yesterday at 9:48 am by Rocky
» Trade from the “Economic Committee” with Türkiye: It will overcome all obstacles facing the traders
Yesterday at 9:46 am by Rocky
» Washington's hope for stable relations with Baghdad clashes with Iraqi parties' rejection of the Ame
Yesterday at 9:41 am by Rocky
» Karim Badr: Development is America’s will to kill silk
Yesterday at 9:36 am by Rocky
» Oil: Opening of a new port for liquid gas for vehicles in Baghdad
Yesterday at 9:33 am by Rocky
» A media advisor warns of corruption in a draft law on the Parliament’s agenda
Yesterday at 9:21 am by Rocky
» Economist: There is serious work to lift US sanctions on Iraqi banks
Yesterday at 9:16 am by Rocky
» Will the agreements signed with the US Treasury reflect positively on the exchange rates?
Yesterday at 7:52 am by Rocky
» Iraq continues its quest to join the World Trade Organization
Yesterday at 7:51 am by Rocky
» Iraq completes the completion of the files for the initial offer of goods and services to join the W
Yesterday at 7:50 am by Rocky
» Economist: Travelers' dollars are leaking into the parallel market...and this is what the Central Ba
Yesterday at 7:32 am by Rocky
» President of the Federal Court: It is not permissible to force anyone to join any party, and the pol
Yesterday at 7:30 am by Rocky
» The Council of Ministers holds its session headed by Al-Sudani
Yesterday at 7:27 am by Rocky
» America weakens Baghdad...and increases Kurdistan's military capabilities
Yesterday at 7:26 am by Rocky
» The Iraqi government plans to build 10,000 schools throughout the country
Yesterday at 7:23 am by Rocky
» American threats close the Iraqi Stock Exchange at a loss
Yesterday at 7:21 am by Rocky
» Increase in external transfers at the Central Bank
Yesterday at 7:20 am by Rocky
» Al-Maliki calls on Britain to cancel restrictions on the entry of its companies into Iraq
Yesterday at 7:18 am by Rocky
» Planning and the European Union are discussing signing a number of agreements in the development, en
Yesterday at 7:16 am by Rocky
» Parliament talks about the mechanism for recovering smuggled funds and hints at the next stage
Yesterday at 7:13 am by Rocky
» Interior Ministry: The number of completed national cards reached 37 million cards
Yesterday at 7:06 am by Rocky
» Amnesty International: Violations of freedom and human rights continue in Iraq and the Kurdistan Reg
Yesterday at 7:04 am by Rocky
» Parliamentary Oil: The government is proceeding with the decision to raise the price of improved gas
Yesterday at 7:03 am by Rocky
» A parliamentary committee in Basra to investigate violations of the port company and the local gover
Yesterday at 7:00 am by Rocky
» Revealing the 10 most important American exports to Iraq
Yesterday at 5:31 am by Rocky
» A noticeable increase in the rate of Iraq's import of Chinese cooling devices
Yesterday at 5:30 am by Rocky
» Prime Minister: Working on projects without completing the infrastructure is a waste of money
Yesterday at 5:28 am by Rocky
» Iraq.. Extending the deadline for registration procedures on plots of land
Yesterday at 5:27 am by Rocky
» What is the main purpose of conducting the population census in Iraq?
Yesterday at 5:25 am by Rocky
» A plan to transform Iraq from a barren land to green with 5 million trees
Yesterday at 5:24 am by Rocky
» The Housing Fund announces the acceptance of more than 11 thousand loans through the Ur platform
Yesterday at 5:23 am by Rocky
» The Bank of Baghdad is moving to increase its capital to 400 billion dinars
Yesterday at 5:20 am by Rocky
» The electronic payment system will soon be adopted on Iraqi buses
Yesterday at 5:19 am by Rocky
» “It threatens our interests and destroys our economy.” An Iraqi project “irritates” the Kuwaiti stre
Yesterday at 5:18 am by Rocky
» Warning from the Central Bank about “misuse of electronic payment cards”
Yesterday at 5:17 am by Rocky
» Iraq and the Sultanate of Oman are discussing sending capacities through the Gulf countries
Yesterday at 5:16 am by Rocky
» The fact that a decision was issued to deport Syrian workers from Iraq
Yesterday at 5:14 am by Rocky
» Rice comes first... America exports 10 foodstuffs worth more than 350 million dollars to Iraq
Yesterday at 5:14 am by Rocky
» A sixth licensing round for gas exploration
Yesterday at 5:12 am by Rocky
» Baghdad is preparing to host the 50th session of the Arab Labor Conference
Yesterday at 5:11 am by Rocky
» Scientific symposium on the future vision of the tripartite budget
Yesterday at 5:09 am by Rocky
» Five conversion power stations enter service in Najaf
Yesterday at 5:08 am by Rocky
» Planning: Conduct a population census next November
Yesterday at 5:07 am by Rocky
» Experts: Spreading misleading information harms development and investment
Yesterday at 5:03 am by Rocky
» Economists call for tightening money laundering laws and port controls
Yesterday at 5:02 am by Rocky
» Today's newspapers are interested in Sudanese's visit to Anbar Governorate and preparations for cond
Yesterday at 5:00 am by Rocky
» Iraq and Russia discuss cooperation between the two countries in the field of information and artifi
Yesterday at 4:58 am by Rocky