Thread: Texas backs down from effort to block Syrian refugees

Texas backs down from effort to block Syrian refugees

Published December 05, 2015 Associated Press

Texas backed down Friday from efforts to block six Syrian refugees from resettling in Dallas after the Obama administration reiterated in federal court that the state had no authority to do so.

The swift reversal diffused a standoff Texas started after becoming the first state to sue the U.S. government in efforts to turn away Syrians following the terrorist attacks in Paris.

The path is now cleared for the Syrian family, which includes two young children and their grandparents, to arrive as planned Monday without interference from state Republican leaders, who questioned whether the refugees posed a threat to public safety.

Another Syrian family of six, four of whom are 13 years old or younger, is also scheduled to resettle in Houston on Monday.

Republican Texas Attorney General Ken Paxton earlier this week sued the U.S. government and the nonprofit International Rescue Committee in a last-ditch attempt to stop new Syrian refugees from being resettled. More than two dozen states have vowed to block Syrian refugees following the November terrorist attacks in Paris, but Texas was the first to take the federal government to court.

"I think that it's the first sign that Texas is beginning to see the light," said Cecillia Wang of the ACLU, which is defending the resettlement group in the lawsuit that was filed in Dallas federal court.

Paxton, however, said he is not entirely dropping the lawsuit.

He still wants a hearing next week that would give Texas assurances that the Obama administration will work with the state on refugee resettlement.

"Our state will continue legal proceedings to ensure we get the information necessary to adequately protect the safety of Texas residents," Paxton said.

Court documents show that, in all, 21 Syrian refugees are scheduled to be resettled in Dallas and Houston by Thursday.

They include a single woman hoping to reunite with her mother, who is already in Texas. A dozen of the refugees bound for Texas arrived in New York on Thursday and Friday, according to court records.

Federal officials called Texas' fears over security unfounded and argued that its stance would harm national interests that are determined by President Barack Obama.

Texas "has made no showing that these refugees pose any threat, much less an imminent one, to the safety or security of Texas residents or any other Americans," the Obama administration told the court. The federal government insists refugee vetting is thorough and can take up to two years.

The Texas lawsuit came two weeks after Gov. Greg Abbott ordered resettlement organizations in Texas to stop accepting Syrian refugees due to security concerns.

The White House has said states do not have the legal authority to block refugee placement. The federal government argued in court paper that Texas was seeking "an unwarranted veto power over individual federal refugee resettlement decisions.

And it would do so in order to prevent refugee families with small children from entering the state."

The refugees coming to Dallas include two children ages 3 and 6; their parents and grandparents. A second family scheduled to arrive in Houston, also on Monday, include four children aged 2 to 13 and their parents, according to court filings.

On Dec. 10, a Syrian family of eight, including six children, is scheduled to be resettled in Houston, in addition to a 26-year-old woman whose mother already resides in the area.

The International Rescue Committee is not supervising all the refugee placements, but it was not immediately clear what other aid groups were involved.

http://www.foxnews.com/politics/2015...?intcmp=hplnws

What a shame.

Federal officials called Texas' fears over security unfounded and argued that its stance would harm national interests that are determined by President Barack Obama.

Texas "has made no showing that these refugees pose any threat, much less an imminent one, to the safety or security of Texas residents or any other Americans," the Obama administration told the court. The federal government insists refugee vetting is thorough and can take up to two years.

The Texas AG put on a good show, but seems to be working in concert with Obama to allow these unwanted foreigners to enter Texas.

The fact is, our President is not authorized under the Constitution to compel a state to accept unwanted foreigners. The States have never ceded their original policing powers over immigration, and a power not delegated is a power retained!

Additionally, the argument that Texas "has made no showing that these refugees pose any threat, much less an imminent one, to the safety or security of Texas residents or any other Americans," is not a legal argument indicating a State must accept them. Every state is free to adopt their own rules in this regard and our federal courts are not authorized to second guess policy decisions made by a state! This rule was confirmed by our very own Supreme Court!

…..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess. ELDRED etal. v. ASHCROFT, ATTORNEY GENERAL (2003)


Why is the Texas AG folding like a cheap suit?


JWK


When will the America People realize we have an Islamic cell operating out of our nation's White House? Will they come to this conclusion when Islamic terrorist activities begin in our southern Border States or cities like New York City?

The Texas AG is ... weak.

Q&A about Texas' lawsuit over Syrian refugee resettlement


December 03, 2015 19:49 CST

Eds: Updates final paragraph with ruling possible anytime, instead of Thursday. By PAUL J. WEBERAssociated Press

AUSTIN, Texas (AP) -- Texas is suing the U.S. government in an attempt to block six Syrian refugees from being resettled in Dallas this week. Here's what preceded the lawsuit and what it means:

WHAT'S THE SIGNIFICANCE?
Texas is the first state in the nation to ask a federal court to block the arrival of Syrian refugees in the wake of the November attacks in Paris. The lawsuit, filed Wednesday, comes two weeks after Republican Gov. Greg Abbott ordered resettlement organizations in Texas to stop accepting Syrian refugees over security concerns about whether new arrivals are sufficiently screened. The Obama administration says states do not have the legal authority to block refugee placement.

WHAT PROMPTED THE LAWSUIT?
Plans have been in place for six Syrian refugees to be resettled in Dallas this week. The nonprofit International Refugee Committee has refused to halt their arrival, despite the state threatening to strip funding and filing the lawsuit, which also names the IRC as defendants.
Texas health officials say other resettlement groups are cooperating, though IRC is not the only group in Texas that has pledged to continue accepting Syrians.

ON WHAT GROUNDS IS TEXAS SUING?
The federal Refugee Act of 1980 says resettlement agencies should work in close cooperation with state and local governments. Abbott says the IRC has provided no guarantees about security, and the lawsuit claims that because IRC hasn't cooperated with Texas, the state can't exercise "police power to protect the safety of its residents." The Obama administration says that federal refugee vetting is thorough and can take up to two years.

COULD TEXAS PREVAIL?
Immigration experts say it's unlikely. Federal courts -- including the U.S. Supreme Court -- have said immigration and admission of noncitizens to the United States is a federal responsibility and one managed wholly by the federal government.

Denise Gilman, director of the immigration clinic at the University of Texas School of Law, says there is no basis for the lawsuit and believes the state may just be going to court as an intimidation measure. She says if the judge grants Texas anything, a scenario she calls "almost impossible," it would be an order that directs the IRC to share more information but doesn't block the refugees.

WHAT'S NEXT?
Texas wants an immediate ruling blocking the Syrians from resettling in Dallas until Dec. 9. A decision on whether to grant Texas a temporary restraining order could come anytime.

Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber

http://www.kfoxtv.com/template/inews...l#.VmNc6bgrLIU

It's time STATES started making the right argument which isn't based on a "law" passed by Congress, it's an argument based on the US Constitution, Article 1, Section 9, the only section of the US Constitution dealing with immigration, which says the STATES decide who to admit and after the year 1808, the federal government may prohibit the migration and importation of such persons.

The whole notion that the federal government has authority over immigration is wrong. The only authority the federal government has over immigration is to prevent it, not admit it, not permit it, not license it, not force it upon states.

States need to wake up and re-read the US Constitution on immigration, naturalization, citizenship and eligibility for President, because so far they've gotten it all wrong based on reading court decisions and opinion articles from "legal scholars". They need to take 30 minutes to an hour and carefully re-read the entire US Constitution so they know what it actually says instead of what someone says it says, and start abiding and enforcing it.

Lord only knows what the admin threatened them with. They scrutinize and look for something to prosecute you for and you will pay the maximum penalty.

Dinesh D'Souza made a documentary on O and somehow someone found that he contributed a small straw amount to a political campaign for a friend and ended up with an
8 month prison sentence along with tedious mental rehabilitation sessions and $$ fines.

"I think what’s shocking to me is the way in which I see not just my case – if I look nationwide – the way in which the Obama administration has been recklessly circumventing the law, from the Defense of Marriage Act on through immigration, turning the blindfold to guys on their own side doing shocking things,” he said. “I mean, here’s Harry Reid diverting campaign finance funds to his granddaughter’s wedding and no investigation, no prosecution.”“So this is a case where Lady Justice in the Obama administration has appeared to have taken the blindfold off and is kind of winking at her pals and has taken off after her enemies.”
D.D.

Judge delays Texas lawsuit as Syrian refugees set to arrive