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Thread: Can Republican Governors Block Syrian Refugees From Settling in Their States?

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  1. #11
    Senior Member JohnDoe2's Avatar
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  2. #12
    Senior Member JohnDoe2's Avatar
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  3. #13
    Senior Member johnwk's Avatar
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    Congress does not have authority under our Constitution to compel the States to allow the entry of unwanted foreigners. Nor does Congress have the authority to vest in the President a power to accept foreigners into the country and then force them upon the states. The fact is, the States have retained their original power to make their own immigration policy and protect their borders from unwanted foreign entrants. Congress' only authority in this matter is to set a uniform rule by which foreigners who have been allowed into a state may become a citizen of the united states.

    The documentation in this matter is crystal clear!


    JWK

  4. #14
    Senior Member JohnDoe2's Avatar
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    U.S. governors don’t have power to refuse refugees access to their states

    BY JOSHUA BARAJAS AND GRETCHEN FRAZEE November 16, 2015 at 5:32 PM EST | Updated: Nov 16, 2015 at 7:50 PM

    Syrian refugees walk through a field near the village of Idomeni at the Greek-Macedonian border. Photo by Reuters/Alexandros Avramidis.

    As authorities made sense of the aftermath from Friday’s Paris attacks and the death toll count began to stabilize, reports emerged over the weekend that a gunman involved with the coordinated bombings and shootings may have entered Europe, embedded in the scores of refugees fleeing Syria.

    By Monday afternoon, the number of American state governors, many of them Republican, who released statements refusing to accept refugees ballooned to more than a dozen.

    The voices of opposition included presidential candidates Sen. Ted Cruz (R-Texas) and Jeb Bush, who told “CBS This Morning” that the U.S. screening process should only grant refugee status to Syrian Christians.

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    In his letter to President Barack Obama, Texas Gov. Greg Abbott, a Republican, said his state would refrain from participating “in any program that will result in Syrian refugees — any one of whom could be connected to terrorism — being resettled in Texas.”

    Governors of Alabama, Arizona, Arkansas, Florida, Illinois, Indiana, Louisiana, Massachusetts, Michigan, North Carolina, New Hampshire, Ohio, Wisconsin, among others have all issued similar statements, promising to block Syrian refugees from entering their states.


    Problem is, states don’t really have a choice.


    According to Think Progress’ Ian Millhiser, the states are limited in their power to resist the intake of refugees, an action that’s specifically under the president’s purview.


    Under the Refugee Act of 1980, “President Obama has explicit statutory authorization to accept foreign refugees into the United States.”


    In a letter
    to Speaker Paul Ryan (R-Wis.) and Senate Majority Leader Mitch McConnell (R-Ky.), Rick Scott said “it is our understanding that the state does not have the authority to prevent the federal government from funding the relocation of these Syrian refugees to Florida even without state support.”


    Instead, Scott said Congress ought “to take immediate and aggressive action to prevent President Obama and his administration from using any federal tax dollars to fund the relocation of up to 425 Syrian refugees” to Florida.


    Cecillia Wang of the American Civil Liberties Union saidin a statement Monday that politicians were fabricating a link between the Paris attacks and Syrian refugee resettlement in the U.S.


    “Making policy based on this fear mongering is wrong for two reasons,” she said. “It is factually wrong for blaming refugees for the very terror they are fleeing, and it is legally wrong because it violates our laws and the values on which our country was founded.”


    Presidential candidate Rand Paul also introduced a bill Monday that imposed an “immediate moratorium on visas for refugees.”


    The U.S. plans to accept 10,000 Syrian refugees over the next fiscal year. Some Democrats, including presidential candidates Hillary Clinton and Martin O’Malley said that number should increase to 65,000 Syrian refugees. Either way, state governors will have to yield to Obama’s plan.


    According to The New York Times,
    the U.S. has accepted 1,854 Syrian refugees as of Sept. 2015. Over the same time period, Germany has accepted nearly 93,000 refugees.


    Speaking from Antalya, Turkey, on Monday, President Obama said the U.S. and other countries should continue to accept refugees leaving Syria, adding that they were the ones that are more harmed by terrorism, especially the brutal tactics of the Islamic State militants.


    “Slamming the door in their faces would be a betrayal of our values,” Obama said at the close of the Group of 20 summit in Antalya. “Our nations can welcome refugees who are desperately seeking safety and ensure our own security. We can and must do both.”


    Washington Gov. Jay Inslee supported Obama’s stanceon providing sanctuary to Syrian refugees.


    “Washington will continue to be a state that welcomes those seeking refuge from persecution, regardless of where they come from or the religion they practice,” he said.


    Which states are saying no to resettlement of Syrian refugees?




    http://www.pbs.org/newshour/rundown/u-s-governors-dont-have-power-to-refuse-refugees-access-to-their-states/

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  5. #15
    Senior Member johnwk's Avatar
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    The above articled never established under what provision of our Constitution Congress, or the President, has been delegated a power over immigration, or delegated a power to compel a state to accept a flood of foreign immigrants into their state.

    JWK

  6. #16
    Senior Member JohnDoe2's Avatar
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    Governors have little power to block refugees

    Gregory Korte, USA TODAY 10:56 p.m. EST November 16, 2015

    Georgia joins other states to prevent the resettlement of Syrian refugees.

    State leaders are calling for a thorough review of current screening procedures and background checks for people wishing to relocate to the United States. VPC



    (Photo: Joe Raedle, Getty Images)


    WASHINGTON — State governments often play a small role in helping to resettle refugees. But despite protests from more than a dozen Republican governors who want to close their states to Syrian refugees, those governors probably have little power to stop them from coming, legal scholars say.

    "The one thing I feel very comfortable saying is there is absolutely no constitutional power for a state to exclude anyone from its territories," said Stephen Legomsky, a
    Washington University of St. Louis law professor and former chief counsel of U.S. Citizenship and Immigration Services in the Obama administration.


    A growing number of Republican governors have protested the resettlement of Syrian refugees since the terrorist attacks in Paris last Friday. At least one of the Paris attackers was carrying a Syrian passport — but French officials said Saturday that the passport was a fake.


    Still, the Paris attacks have reopened the debate over the Obama administration's decision in September to accept 10,000 Syrian refugees over the next year.


    The Republican governors have taken a range of approaches to the issue, but none has explained how they would legally keep Syrian refugees out. Whether states have to actively cooperate those those resettlements is another question, and that's where many of the governors are trying to exert leverage.


    Louisiana Gov.
    Bobby Jindal, a Republican presidential candidate, signed an executive order Monday directing state agencies to "utilize all lawful means to prevent the resettlement of Syrian refugees." Syrian refugees already in the state will be "monitored" by the Louisiana State Police, the order said. A spokesman declined to elaborate on what those lawful means are.


    But most governors have simply asked the president to rethink his Syrian refugee policy. "I urge you, as president, to halt your plans to allow Syrians to be resettled anywhere in the United States," Texas Gov.
    Greg Abbott wrote in a letter Monday. "Neither you nor any federal official can guarantee that Syrian refugees will not be part of any terroristic activity. As such, opening our door to them irresponsibly exposes our fellow Americans to unacceptable peril."


    President Obama
    didn't address the governors directly Monday. But after securing an agreement from industrialized nations to do more to help with refugee resettlement. he told reporters, "the United States has to step up and do its part."


    "And when I hear folks say that, well, maybe we should just admit the Christians but not the Muslims, when I hear political leaders suggesting that there would be a religious test for which person who's fleeing from a war-torn country is admitted, when some of those folks themselves come from families who benefited from protection when they were fleeing political persecution, that's shameful. That's not American, it's not who we are,” Obama said. He urged
    American political leaders “not to fall into that trap, not to feed that dark impulse inside of us.”


    State Department spokesman Mark Toner said Monday that he couldn't address whether the states have the legal authority to block the resettlements. "It's a valid question, I just don't want to give you an off-the-cuff answer," he said.

    But he also said he doesn't expect a constitutional showdown. "Let's not get ahead of ourselves here. We have seen some of these letters, some of these public remarks. We’re going to engage with these governments, these localities, and we're going to address their concerns," he said.


    "We're confident that we have a process in place to allow the safe resettlement of Syrian refugees," Toner said.

    "We wouldn't, to be perfectly honest, try to increase the number of refugees if we couldn't be sure they could be safely vetted."


    The
    Refugee Act of 1980 requires the State Department to maintain "an effective and responsive liaison" with governors and mayors, but doesn't give governors any formal role in resettlement.


    "Most of these resettlement decisions are partnerships with churches and private organizations that are offering to resettle," said Anna Law, a political scientist at Brooklyn College who's studied the history of state efforts to limit immigration. "I think this is political posturing. The decision to admit refugees is made at the federal level.

    Whether these refugees are admitted to the United States, that is not their call."


    States do have a small amount of financial leverage through their state resettlement offices. Many of the governors have directed their state offices not to participate in helping to relocate Syrian refugees in their states. It's unclear what effect pulling that support could have.


    Governors can talk about pulling their consent and funding, but most of the state money is federal pass-through dollars," said Matthew Soerens, spokesman for World Relief, a non-profit contractor with the State Department to resettle refugees. “It’s important to remember that once refugees are here, they are free to move anywhere they want. It would be a scary proposition for governor’s to start talking about closing borders.”


    Contributing: Mary Troyan and Nick Penzenstadler

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  7. #17
    Senior Member johnwk's Avatar
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    The above articled never established under what provision of our Constitution Congress, or the President, has been delegated a power over immigration, or delegated a power to compel a state to accept a flood of foreign immigrants into their state.

    JWK

  8. #18
    Senior Member JohnDoe2's Avatar
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    Quote Originally Posted by johnwk View Post
    The above articled never established under what provision of our Constitution Congress, or the President, has been delegated a power over immigration, or delegated a power to compel a state to accept a flood of foreign immigrants into their state.

    JWK
    Look at it from the other direction.

    If the federal government admits refugees to the U.S.

    Under what authority can any governor keep anyone out of their state.

    Change the word refugee to Jew,

    or change refugee to African-American

    and check to see if that is allowed.

    "Can Republican Governors Block Jews From Settling in Their States?"

    "Can Republican Governors Block African-Americans From Settling in Their States?"

    Change the word Muslim to Catholic or Baptist and see if they can keep them out of the state.

    BY WHAT AUTHORITY?
    NO AMNESTY

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  9. #19
    Senior Member JohnDoe2's Avatar
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    From the article above.

    "The one thing I feel very comfortable saying is there is absolutely no constitutional power for a state to exclude anyone from its territories,"
    NO AMNESTY

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  10. #20
    Senior Member European Knight's Avatar
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    Brown says Syrian refugees to California will be vetted

    SACRAMENTO, Calif. (AP) -- California Gov. Jerry Brown says he'll work closely with President Barack Obama to ensure any Syrian refugees coming to California are "fully vetted in a sophisticated
    and utterly reliable way."

    In an emailed statement to The Associated Press, the Democratic governor says the state can help uphold America's traditional role as a place of asylum while also protecting Californians.

    Several U.S. governors are threatening to halt efforts to allow Syrian refugees into their states in the aftermath of the coordinated attacks in Paris.

    An immigration expert says states have no legal authority to reject refugees.

    The governors are responding to heightened concerns that terrorists might use the refugees as cover to sneak across borders.

    The Refugee Processing Center says 218 Syrian refugees
    Brown says Syrian refugees to California will be vetted - My News 4 - KRNV, Reno, NV

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