The 10th Amendment to the U.S. Constitution says:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Obama administration’s dumping of overwhelmingly Muslim “refugees” on states and in so doing, forcing the states to incur financial costs to support the “refugees,” is a contravention of the 10th Amendment. Now, the State of Tennessee is finally doing something about it.
Joel Ebert reports for The Tennessean that yesterday morning, March 13, 2017, Tennessee became the first state in the nation to sue the federal government over refugee resettlement on the grounds of the Tenth Amendment of the U.S. Constitution. Other states have sued the federal government over refugee resettlement but on different legal grounds.
The defendants named in the lawsuit include the U.S. Department of State, Secretary of State Rex Tillerson, the Bureau of Population, Refugees and Migration, the U.S. Department of Health and Human Services and the Office of Refugee Resettlement.
The 15-page lawsuit:
- Contends that the federal government has unduly forced states to pay for the refugee resettlement program, and is not complying with the Refugee Act of 1980, which was designed to create a permanent procedure for the admission of refugees into the United States.
- Maintains that the federal government’s forced resettlement of refugees in Tennessee has led the plaintiffs to “suffer significant and irreparable harm unless this Court intervenes”.
- Asks the court to force the federal government to stop resettling refugees in Tennessee until all costs associated with the settlement are incurred by the federal government.
The lawsuit also points out that although Tennessee has opted out of the federal refugee resettlement program, the federal government continues to send refugees to Tennessee, and appointed Catholic Charities of Tennessee to administer the program. The refugees forced upon Tennessee requires the state to fund the resettlement with $7 billion from Medicaid, “amounting to 20 percent of its overall state budget — money that is needed to fund services that are critical to the health and welfare of countless Tennesseans.”
The lawsuit was filed by the valiant Thomas More Law Center, a Catholic legal group that has taken on several conservative legal causes in recent years, on behalf of two state lawmakers in the western district of Tennessee: Sen. John Stevens, R-Huntingdon, and Rep. Terri Lynn Weaver, R-Lancaster.
State Sen. John Stevens said in a news release:
“The Constitution does not allow the Federal Government to force me as the elected representative of the 24th Senate District to implement federal programs while they sit in Washington insulated from the consequences.”
The state lawmakers filed the lawsuit after Tennessee’s House of Representatives, in April 2016, by a vote of 69-25 approved a resolution directing Tennessee Attorney General Herbert Slatery to sue the feds. In July, however, Slatery indicated he would not follow the Tennessee legislature’s directive to sue the federal government, but he will not stand in the way of hiring an outside firm to initiate the lawsuit.
The usual groups — American Civil Liberties Union of Tennessee and the Tennessee Immigrant and Refugee Rights Coalition — have attacked the lawsuit, saying it will negatively affect the state’s refugee community and perpetuate a culture of fear.
Holly Johnson, refugee coordinator for Catholic Charities in Tennessee, disputes the lawsuit’s claim that the state incurs special costs to resettle refugees “because they’re refugees.” Claiming that refugees aren’t “eligible for anything that you and I aren’t eligible for,” Johnson disingenuously argues that:
- Only if a refugee meets the already existing eligibility requirements for TennCare, then the state may pay that benefit.
- Or if refugee children need to go to school, the state pays the same for the child’s attendance as anyone else at the school.
- Any benefits related to employment are paid for by the federal government.
Johnson has a snake tongue. Of course, refugees don’t get benefits BECAUSE they’re refugees. But the fact of the matter is that refugees who require welfare and schooling cost Tennessee additional expenses of at least $7 billion in Medicaid — $7 billion that Tennessee would not spend if the federal government had not unilaterally dumped the refugees into the state.
Johnson also managed to omit the fact that Catholic Charities is paid handsomely by the federal government, i.e., taxpayers, to “resettle” refugees. During the 2016 fiscal year, Catholic Charities “resettled” more than 2,000 refugees in Tennessee, the majority of whom came from countries not included on President Trump’s new travel ban.
- Collusion of Church & State in Invasion of Illegals: $182M to house “unaccompanied children” for just 4 months
- Most Americans Support Temporary Ban on Newcomers from Terrorist Havens
- U.S. federal judge asks: Where are the Christian refugees?
- 1,216 rabbis sign letter to lobby Congress to welcome ‘refugees’
- Despicable: Evangelical leaders use ‘Jesus was a refugee’ to lobby Congress
- 98% of Catholic Relief Services’ contributions go to pro-abort politicians
Dr. Eowyn’s post first appeared at Fellowship of the Minds