Tag Archives: Syrian Refugees

Ken Paxton – Vexatious Litigant (cont.)

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Texas Attorney General and Tea Party favorite Ken Paxton has failed in another frivolous lawsuit.  Paxton sued the federal government seeking to prevent the resettlement of Syrian refugees in Texas.  Yes, that’s what it has come down to for the Tea Party fanatics – let’s keep refugees out of our state because . . . well, just because.

Paxton’s suit claimed the Obama administration had not adequately consulted with states before placing refugees in Texas.   Not surprisingly, U.S. District Judge David Godbey ruled that the state has no role in the resettlement of refugees handled by the federal government which has authority over immigration policy. And in a dope slap to Paxton, Godbey also found the state had failed to present plausible evidence that Syrian refugees pose an imminent risk.   Paxton apparently forgot about something called the Supremacy Clause and another detail of the Constitution which vests authority over foreign affairs largely in the hands of the Executive.  But the Constitution is only important when it supposedly supports Paxton’s Tea Party agenda.

For his part, Paxton said that he was “disappointed with the court’s determination that Texas cannot hold the federal government accountable to consult with us before resettling refugees here.” He said he is considering options to “guarantee the safety of Texans from domestic and foreign threats.”  Yes, Ken will protect us from the predatory families that are being resettled in Texas. Good luck with that Ken.

Texas Takes Step Back in Syrian Refugee Litigation

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Texas will no longer seek a temporary restraining order preventing resettlement of Syrian refugees scheduled for next week in Dallas and Houston.  Texas is apparently going forward with a request for a preliminary injunction, but that will come too late to stop the current refugees from joining their families in Texas.  The step backwards by Texas came after the Justice Department and the ACLU filed lengthy briefs on behalf of the embattled relief agency establishing that the Texas Health and Human Services Commission sought “unwarranted veto power over individual federal refugee resettlement decisions.”

The Dallas Morning News has the full scoop.

Texas Sues the Federal Government to Stop Syrian Refugee Resettlement

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Gov. Greg Abbott (TP-Texas) has authorized the Texas Dep’t of Health and Human Services to sue the US, Sec. of State John Kerry and others to prevent the resettlement of Syrian refugees into Texas.  The suit seeks to immediately stop any such resettlement efforts and claims, as legally required, that Texas will suffer irreparable harm if a couple of Syrian families (who already have relatives in Texas) are placed in the Dallas area.  The suit quotes the FBI Director and others who have expressed some concerns about the ability to vet the Syrian refugees who are applying for status in the U.S.  The suit also quotes the Director National Intelligence as saying, “We don’t put it past the likes of ISIL to infiltrate operatives among these refugees.”

Whether those concerns create the prospect of irreparable harm (a required showing for the temporary relief sought) is perhaps questionable.  What is not questionable is the complete and total authority of the federal government over immigration including matters relating to resettlement of refugees.  There is no likelihood of success on the merits (another required showing to obtain temporary relief) here because Texas cannot and will never have any authority over immigration matters.

This lawsuit is a complete waste of time and taxpayer resources and clearly does nothing other than to burnish Abbott’s already glowing Tea Party credentials.  The Dallas Morning News has the petition filed by the State for your reading pleasure.

Non-Profit Defies Bogus Order from Gov. Abbott

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The fight over the right to resettle Syrian refugees in Texas is heating up.  Gov. Greg Abbott (TP-Texas) previously declared that Texas will not accept Syrian refugees despite having no authority whatsoever over the matter and in apparent violation of legal protections against discrimination based on national origin or religion.  Abbott then threatened non-profits who are doing the hard work of creating conditions for a better life in the U.S. for these refugees with legal action if they did not kowtow to his demands.  Well, at least one such non-profit is fighting back against Abbott’s baseless blustering.  The Texas Tribune has the details.

The New York-based International Rescue Committee said in a Monday letter to Texas health and human services chief Chris Traylor that its Dallas affiliate would continue to provide resettlement assistance to all refugees “who have been admitted lawfully to the United States.”

The nonprofit had received a letter earlier on Monday from Traylor urging the International Rescue Committee’s Dallas branch to discontinue resettling Syrian refugees or risk losing its state contract “and other legal action.” The International Rescue Committee — one of about 20 nonprofits that have a state contract to resettle refugees in Texas — had previously informed the state that it would resettle two families in the Dallas area in early December. Both families have relatives in North Texas, the nonprofit said.

The federal Office of Refugee Resettlement last week warned Abbott and other governors that they do not have the power to reject Syrian refugees, telling them they would be breaking the law if they denied benefits or services to refugees based on their country of origin or religion. States that defy the law could face suspension or termination of their refugee resettlement programs, according to a letter signed by Robert Carey, director of the office.

Abbott has insisted he has the legal authority to refuse to accept Syrian refugees, citing a specific part of federal law requiring resettlement nonprofits to work “in close cooperation and advance consultation” with the state.

Abbott is a well-versed constitutional lawyer who should know better than to put forth absurd claims of authority  based on statutory language that does not actually give the state any power to control the resettlement of refugees.  But that wouldn’t play well with his Tea Party base – now would it?

 

Stand in Line to Insult Ted Cruz

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The thin-skinned Senator Ted Cruz (TP-Texas) thinks that Pres. Obama has insulted him by criticizing Cruz’s proposal to only allow Christian refugees into the U.S.

When I hear political leaders suggesting that there would be a religious test for which a person who is 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.

Apparently, they are scared of widows and orphans coming into the United States of America.  . . . At first, they were too scared of the press being too tough on them in the debates. Now they are scared of 3-year-old orphans. That doesn’t seem so tough to me.

Cruz responded claiming that, “It is utterly un-befitting of a President to be engaging in those kinds of personal insults, attacks.” Cruz further charged that Obama was “belittling the Republican field” and called for the President to “insult me to my face.”

First, the Republican field is doing a more than adequate job of belittling itself with its  ridiculous rhetoric.  Second, Cruz seems to have a double standard about insults.  Cruz has accused Pres. Obama of waging a war on police, being a state sponsor of terrorism and violating the constitution.  Cruz also claimed that Obama’s “vilification of law enforcement” was responsible for the shooting death of Harris County Deputy Darren Goforth – a patently absurd claim in light of the facts surrounding that tragic murder.   Them’s  fighting words where Red comes from.

Moreover, Rachel Maddow of MSNBC points at that if Cruz should be concerned about anyone insulting him it should be Cruz himself –  who just last year argued that we should be accepting Syrian refugees while castigating the President for failing to act.  But that was before Cruz realized he could score some political points with his Tea Party base by attempting to look tough by calling for a halt to resettlement of all but Christian refugees from Syria.

What’s more, Cruz is doing more than just posturing and thumping his chest for the cameras. As the Washington Post reported, the senator “introduced a bill Wednesday that would prohibit refugees from any country the State Department has determined is controlled in part by a foreign terrorist organization from entering the United States.”
 
How would blocking victims of terrorism help? Cruz hasn’t explained, though it’s the sort of move that’s likely intended to impress Republican primary voters.
 
That said, if the senator is serious about a spirited debate over U.S. refugee policy, perhaps the best course of action would be an argument between this version of Ted Cruz and last year’s version of Ted Cruz. 
Interviewed in February 2014, Texas Sen. Ted Cruz declared that Syrian refugees should be permitted into the United States and argued that this could be done without jeopardizing national security.
 
“We have welcomed refugees – the tired, huddled masses – for centuries. That’s been the history of the United States,” he told Fox News in a video featured on Cruz’s website. “We should continue to do so.” He added: “We have to continue to be vigilant to make sure those coming are not affiliated with the terrorists, but we can do that.”
I’ll look forward to Cruz’s condemnation of Cruz for his reckless indifference to national security.