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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNo, State Governors Can’t Refuse To Accept Syrian Refugees
Our craptastic governor Rauner from Illinois, declared his undying love of fear-inducing bigotry today along with the other jackholes in the article. WooHoo. *puke
The problem for Jindal, Abbott and the other governors opposed to admitting refugees, however, is that there is no lawful means that permits a state government to dictate immigration policy to the president in this way. As the Supreme Court explained in Hines v. Davidowitz, the supremacy of the national power in the general field of foreign affairs, including power over immigration, naturalization and deportation, is made clear by the Constitution. States do not get to overrule the federal government on matters such as this one.
Just in case there is any doubt, President Obama has explicit statutory authorization to accept foreign refugees into the United States. Under the Refugee Act of 1980, the president may admit refugees who face persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion into the United States, and the presidents power to do so is particularly robust if they determine that an unforeseen emergency refugee situation such as the Syrian refugee crisis exists.
This power to admit refugees fits within the scheme of broad discretion exercised by immigration officials that the Supreme Court recognized in its most recent major immigration case, Arizona v. United States. Indeed, in describing the executive branchs broad authority to make discretionary calls regarding immigration matters, Arizona seemed to explicitly contemplate the circumstances that face President Obama today. The United States may wish to allow a foreign national to remain within its borders, the Court explained, because the individuals home nation may be mired in civil war, complicit in political persecution, or enduring conditions that create a real risk that the alien or his family will be harmed upon return.
http://thinkprogress.org/justice/2015/11/16/3722628/no-state-governors-cant-refuse-to-accept-syrian-refugees/
SickOfTheOnePct
(7,290 posts)But they can refuse to allocate any state funding as well as refuse to assist in any way, shape or form.
They can't stop it, but they can make it a lot harder.
MerryBlooms
(11,770 posts)And honestly, I think that's how they'll stop it. Their base will make threats and make it too dangerous to send refugees to those states.
elleng
(130,956 posts)and make a mess of things for quite a while.
MerryBlooms
(11,770 posts)elleng
(130,956 posts)MerryBlooms
(11,770 posts)Amen, sister!!
Kilgore
(1,733 posts)But in practical terms they can.
MerryBlooms
(11,770 posts)and fear mongering against suffering refugees.
Kilgore
(1,733 posts)Fear that who is coming is not what they appear and really is a terrorist. And distrust that government really can filter out the bad guys.
From where I stand it's not just the Republicans who are saying it. Most of my coworkers, who are of all political persuasions, are saying the same thing.
onecaliberal
(32,861 posts)Hate and bigotry at it's finest. Republicans really suck.