Texas sues to block Syrian refugees. Can it change federal policy?
Texas聽officials have sued the聽federal government聽to stop resettlement of six Syrian refugees in Dallas.听
The nonprofit International Rescue Committee (IRC) is set to relocate Syrian refugees this week, despite聽objections by Republican Gov. Greg Abbott.听
Citing 鈥渞easonable concerns about the safety and security of the citizenry of the state,鈥� the Texas Health and Human Services Commission, which oversees refugee resettlement for the state, sought a temporary restraining order against the federal government to block the Dec. 4 resettlement, .听
that the family in question consists of, 鈥渁 husband and wife, their 4-year-old girl and 7-year-old boy, and the husband鈥檚 parents.鈥�
The lawsuit names US Secretary of State John Kerry, the US State Department, and others as defendants. The Lone Star State hopes to delay the arrival of the refugees for at least a week until a federal judge can hear the challenge by Dec. 9.
Mr. Abbot is among more than a dozen governors who, since the November Paris terror attacks, have said they will not resettle Syrian refugees in their states until their public-safety concerns are addressed.
The IRC saying it "has worked in coordination with Texas officials for 40 years 鈥� to the benefit of Texas communities and the refugees we serve. Refugees are victims of terror, not terrorists, and the families we help have always been welcomed by the people of Texas. The IRC acts within the spirit and letter of the law, and we are hopeful that this matter is resolved soon."
The move made Texas the first state in the country to sue to block refugees. According to the United States immigration policy, which allows the resettling of refugees who face persecution, states don't have the authority to block refugees. In accordance with the Refugee Act of 1980, refugee resettlement within the US is managed by the federal government.
Texas is challenging the relocation based on the language of this act, which requires the federal government to 鈥渃onsult regularly with State and local governments and private nonprofit voluntary agencies鈥� about the support and distribution of refugees 鈥渂efore their placement in those States and localities.鈥�
Federal courts, including the US Supreme Court, have upheld that immigration and resettlement of noncitizens to the US is a federal responsibility and one overseen by the federal government.
For instance, in 2012, targeting unlawful aliens in the state because it conflicted with federal immigration law.
"Arizona may have understandable frustrations with the problems caused by illegal immigration,鈥� , writing for the majority, "but the state may not pursue policies that undermine federal law."
According to the US Department of Health and Human Services, since Syria's civil war began in 2011. 聽
