Federal Government Asks for Dismissal of Tennessee Refugee Lawsuit
Federal government asks for dismissal of Tennessee refugee lawsuit
Joel Ebert, June 2, 2017
The federal government Thursday formally filed a motion to dismiss Tennessee's lawsuit over refugee resettlement.
The move comes less than a month after the federal government indicated it would take such action.
March, Tennessee became the first state in the nation to sue the federal government over refugee resettlement while citing a violation by federal officials of the 10th Amendment.
►More: Tennessee sues federal government over refugees
►More: Sen. Mark Norris: Tennessee's refugee lawsuit is effort to clear the air
The amendment says the federal government possesses only the powers delegated to it by the U.S. Constitution, with all other powers reserved for the states.
The lawsuit argues the federal government has forced states to pay for refugee resettlement programs.
The federal refugee act was designed to create a permanent procedure for the admission of refugees into the United States.
In their 48-page motion to dismiss, the federal government argues the state's claims lie outside the jurisdiction of the court. Among the federal government's various arguments is that Tennessee law does not allow the General Assembly to bring the lawsuit on behalf of the state.
"Statutes enacted by the General Assembly make clear that the authority to represent the state in litigation belongs exclusively to the Attorney General," the federal government says, while pointing out that the state's attorney general declined to initiate the lawsuit.
Last year, Tennessee Attorney General Herbert Slatery declined to initiate the case despite lawmakers overwhelmingly approving a resolution allowing legal action.
At one point, the federal government also says the claim that Tennessee has been forced to spend state funds as part of refugee resettlement is "logic-defying."
On Friday, four different organizations — the American Civil Liberties Union of Tennessee, the Tennessee Immigrant and Refugee Rights Coalition, Knoxville-based Bridge Refugee Services and Nashville International Center for Empowerment — filed their own action in the case in an effort to defend refugee resettlement in the state.
"We are intervening in this lawsuit to resist this cruel attempt to stop the resettlement of refugees in Tennessee - which is fueled by discrimination and animus toward Muslims that extends to the White House," said Hedy Weinberg, executive director of the ACLU-Tennessee.
The American Civil Liberties Union of Tennessee and the Tennessee Immigrant and Refugee Rights Coalition have frequently criticized the lawsuit, saying it will negatively affect the state’s refugee community and perpetuate a culture of fear.
In their filing, the four groups argue that the federal government might not "adequately represent" their interests.
The groups say while they are committed to the continuation of refugee resettlement in Tennessee, President Donald Trump's administration has showed a preference to allow states to reject refugees, which they say mirrors Tennessee's lawsuit.
"The divergence of interests is sufficient to establish potentially inadequate representation," the groups write.
But the coalition also agrees with several components of the federal government's request for dismissal, including that the General Assembly does not have the ability to sue the federal government.
A significant portion of both the four organizations and the federal government's latest motions center around social services, given the fact that the state argued in the lawsuit that it has been forced to provide Medicaid to refugees.
In their motion for dismissal, the four organizations argue that refusing to provide Medicaid to refugees could jeopardize federal funding. The federal government noted that state must provide Medicaid coverage to eligible refugees for seven years after they enter the country.
Tennessee's case was brought forth by the Thomas More Law Center, a Michigan-based legal group, which did not immediately respond to a request for comment on Friday.
Last month, while asking a judge for an extension attorneys for the federal government indicated they would seek a dismissal of the case, arguing that Tennessee's lawsuit lacks standing.
►More: Feds to ask for dismissal of Tennessee's refugee lawsuit
The state will respond to the federal government's motion to dismiss before a judge weighs in on the matter.
http://www.tennessean.com/story/news...suit/358867001
