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/