Thread: Federal judge dismisses Tennessee's lawsuit seeking to halt refugee resettlement

Federal judge dismisses Tennessee's lawsuit seeking to halt refugee resettlement


March 19, 2018

Joel Ebert


A Nashville teacher spoke out on Facebook against Trump's temporary immigration ban saying he should visit her class where her refugee students proudly say the pledge of allegiance every morning. Shelley Mays and Jason Gonzales

A federal judge Monday dismissed Tennessee's lawsuit against the federal government over refugee resettlement.

In the lawsuit, the state alleged the federal government violated the 10th 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.

Tennessee charged that the federal government was not complying with the Refugee Act of 1980.

The federal refugee act was designed to create a permanent procedure for the admission of refugees into the U.S.

In the lawsuit, the state argued Tennessee was facing a threat of losing nearly $7 billion in Medicaid funds if it refused to resettle refugees.

► More: Federal government asks for dismissal of Tennessee refugee lawsuit

Despite the state opting out of the resettlement program, refugees have continued to be sent to Tennessee after the federal government appointed Catholic Charities of Tennessee to administer resettlement efforts.

Tennessee was hoping to force a halt to all refugee resettlement to the state until all associated costs are paid by the federal government.

While dismissing the case, U.S. District Judge S. Thomas Anderson took issue with the state's claims about the loss of federal funding.

"Plaintiffs also contend that the amount of federal Medicaid funds Tennessee might lose if they do not comply with the requirement to provide Medicaid to refugees is so large that they have no choice but to continue with the program," Anderson wrote in the dismissal.

"At this juncture, this court cannot ascertain what amount the state is faced with losing."

Anderson's dismissal of the case is a blow to Tennessee lawmakers, who overwhelmingly approved a resolution in 2016 ordering the lawsuit.

► More: Tennessee sues federal government over refugee

When Tennessee Attorney General Herbert Slatery declined to initiate the case, the state hired Michigan-based Thomas More Law Center to serve as its attorney.

The lawsuit was filed in March 2017.

Organizations such as the American Civil Liberties Union of Tennessee and the Tennessee Immigrant and Refugee Rights Coalition have frequently slammed the lawsuit, saying it will negatively affect the state’s refugee community and perpetuate a culture of fear.

On Tuesday, TIRRC plans to bring more than 40 refugees to Nashville to meet with legislators and share stories about how resettlement has transformed their lives.

In a statement, Stephanie Teatro, co-executive director of TIRRC, said she hoped the lawsuit's dismissal would lead lawmakers to focus on real issues aimed at strengthening communities.

"Today's ruling is a victory for our members, for refugee families, and for the majority of Tennesseans whose faith and values call them to welcome families fleeing violence and war.”

Hedy Weinberg, executive director of the ACLU-Tennessee, said the lawsuit was "driven by fear-mongering and a discriminatory animus toward Muslims."

"This ruling helps ensure that the values of fair treatment, equality and compassion for our neighbors that most Tennesseans embrace carry the day,” Weinberg said.

Deni Kidd, director and founder of Mission of Light Community Changers, a grass-roots organization that helps refugees in Knoxville, said the lawsuit's dismissal gives refugees a chance to make their case before the government.

"Refugees come on a completely different path than other immigrants, most having been in a refugee camp for many years," Kidd said. "Refugees should be the one population Americans should want to help the most."

It is not immediately clear if the state will appeal the court's decision.

Michelle Piccolo, digital communications coordinator for the Thomas More Law Center, said the organization would not comment on the dismissal until after its attorneys review the decision.

While presenting the resolution on the Senate floor in 2016, Senate Majority Leader Mark Norris, R-Collierville, said the measure included a provision that explicitly prohibits any state funds from being used for the case.

Norris is awaiting approval for a federal judgeship and is not expected to comment on the dismissal.

In a confirmation hearing, U.S. Sen. Dianne Feinstein, D-Calif., asked Norris about the lawsuit and reports he cited that appeared to link refugees with cases of terrorism.

Norris replied that he was using public testimony from national intelligence officials.

But Feinstein asked if Norris had any evidence that refugees resettled in Tennessee were terrorists.
"I do not," he replied.

In a statement, Lt. Gov. Randy McNally, R-Oak Ridge, said he was "dismayed" by the court's decision.

"The federal government has failed the states and the people on the refugee issue for too long," he said.

House Speaker Beth Harwell, R-Nashville, said she was disappointed in the judge's decision.

"I remain committed to ensuring that every refugee coming to Tennessee is appropriately vetted by the federal government," she said in a statement.
McNally and Harwell said they are discussing options with attorneys, including a potential appeal.

Kristi L. Nelson contributed to this report.
Reach Joel Ebert
https://www.tennessean.com/story/new...ent/437945002/

Where, from what part of the US Constitution have the courts been given the authority to write immigration policy? These judges need to be removed from the bench. I have had a belly full of judges acting like supreme dictators over the will of the people. This is not freedom, it is not a democratic republic, this is not protecting people's right, IT IS NOT THE RULE OF LAW. It is lawlessness. It is raw dictatorial power. REMOVE THESE JUDGES FROM THE BENCH. Why do we bother having elections? Why do we bother passing laws? Somebody please start an organization to remove these judges from the bench.

Despite the state opting out of the resettlement program, refugees have continued to be sent to Tennessee after the federal government appointed Catholic Charities of Tennessee to administer resettlement efforts.

Tennessee was hoping to force a halt to all refugee resettlement to the state until all associated costs are paid by the federal government.

Don't seem right - state opted out of program & federal gov't went to a funded charity to resettle refugees anyway. What is it with this bogus opt out option?

We should not have to pay for refugees we do not want, dictated by the globalist run UN, authorized by our gov't.

The UN should be helping people in their own countries - 1st agenda is birth control. 2nd punish offending gov'ts in these countries that the people are "fleeing" from.

Shipping them @ the world to be a burden on other countries is not acceptable - it is a con to tower of babel & dummy up 1st world countries; redistribute the wealth while the overpopulation continues to beef up consumer spending and bring cheap labor.

Tennessee needs to appeal. All of these refugees put a burden on the state's welfare, School and medical systems. The ACLU has become powerful and has deep pockets during the Obama administration after the DOJ was populated with ACLU alumni. The ACLU would sue on some social justice theme and instead of fighting it, the government would just settle and pay them without a whimper.

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Tried to block Sessions.

Jeff Sessions vote expected next Tuesday, despite the ACLU’s request for delay

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DOJ filled with ACLU lawyers in Holder's first year. Have to believe that the hiring trend continued throughout the Obama administrations reign.

Every Single One: Since 2009, Obama's DOJ Civil Rights Division Hired ONLY Leftist Lawyers (Hundreds!)


BY HANS A. VON SPAKOVSKY AND J. CHRISTIAN ADAMS APRIL 4, 2016

In 2011, we produced the Every Single One series for PJ Media about an unprecedented wave of ideological hiring of leftist attorneys into the career ranks of the JusticeDepartment. The series documented the partisan and radical background of every single one of the 113 new JusticeDepartment lawyershired into the Obama Civil Rights Division from January 2009 to January 2011.

With the help of PJ Media, we will now be updating that revealing report -- and sharing details about the background of JusticeDepartment attorneys hired since 2011. Because we have obtained all of the resumes of the attorney hires in the Civil Rights Division at the Department of Justice since then.

And once again, every single one of them has an intensely ideological background.
https://www.alipac.us/f9/every-single-one-since-2009-obamas-doj-civil-rights-division-hired-only-leftist-la-331175/

Despite the state opting out of the resettlement program, refugees have continued to be sent to Tennessee after the federal government appointed Catholic Charities of Tennessee to administer resettlement efforts.

Who apponted Catholic Charities of Tennessee to flood TN with dangerous Muslim refugees?

Originally Posted by ALIPAC

Who appointed Catholic Charities of Tennessee to flood TN with dangerous Muslim refugees?

The Obama administration. The Trump administration is still giving them contracts and taxpayer$$$$$