Wednesday, January 15, 2020

State, local officials cannot block refugee admissions in their jurisdictions, federal judge rules, halting Trump administration policy - The Washington Post


Three non profit immigrant aid organizations have challenged the Trump Administration's Order empowering states to bar refugees seeking asylum.  The three plaintiff organizations are federally designated "Resettlement Agencies".

HIAS (founded  in 1881 as the Hebrew Immigrant Aid Society), the Church World Service, and the Lutheran Immigration and Refugee Service, Inc. have sued Donald Trump and his agency and department heads.  United States District Judge Peter J. Messite has granted a preliminary injunction (Order) against enforcement of Executive Order 13888, 84 Fed. Reg. 52,355 (Sept. 26, 2019).  Messite's memorandum opinion  explains that the Executive Order breaches the President's duty to follow Congress's plain directives.  Rather than engage in consultation to so as to implement a coherent policy respectful of local conditions, the Trump order would improperly delegate to States and Local Governments "the power to veto [resettlement], by refusing to consent to, the resettlement in their respective jurisdictions of certain refugees from around the world."
The Executive Order authorized the Secretary of State and the Department of  Health and Human Services to develop a system to determine "whether the State and locality both consent, in writing, to the resettlement of refugees within the State and locality, before refugees are resettled within that State and locality under the Program." 
Mark J. Hetfield, President and CEO, HIAS: 
“This ruling shows the country how this administration was wrong to attempt a state-by-state refugee ban. Judge Messitte found it likely that the executive order is unlawful, and we are grateful for the clarity of this injunction. An overwhelming majority of governors and municipalities have already expressed their desire to continue welcoming refugees. To those few who have not, we say not only is it unkind and un-American to ban refugees from your states and towns, but it is unlawful. HIAS will continue our work resettling refugees who have come to our shores looking to restart their lives in safety.”
HIAS was backed by many states and service organizations as friends of the court.

State, local officials cannot block refugee admissions in their jurisdictions, federal judge rules, halting Trump administration policy - The Washington Post


...State and local officials cannot block refugees from being resettled in their jurisdictions, a federal judge ruled Wednesday, finding the Trump administration’s new refu­gee policy is likely to be “unlawful” and “does not appear to serve the overall public interest.”
U.S. District Judge Peter J. Messitte of Maryland in HIAS, et al. v. Trump temporarily halted President Trump’s executive order requiring governors and local officials nationwide to agree in writing to welcome refugees.



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