Center for Immigration Studies: Feds have long ago usurped States’ Rights when it comes to refugee resettlement

Don Barnett writing at the Center for Immigration Studies today explained in detail how states are forced to accept and pay for third world refugees admitted through the UN/US Refugee Admissions Program (USRAP) to the US and sent to 49 states.

Read this (these are the opening points in the ‘backgrounder’) and then ask: Where is Congress?

(Emphasis below is mine):

The State of Tennessee filed a lawsuit against the federal government in March 2017 claiming that the refugee resettlement program was an imposition by Washington over which the state had no control.1 The lawsuit is pending, but it highlights a deep problem with how the refugee resettlement program has evolved since the passage of the Refugee Act in 1980.

tenth amendment
The Refugee Act of 1980 has been so modified by illegal federal regulations that the states have lost their ability to control their own budgets.

This Backgrounder traces the history of the federal-state relationship regarding refugees, identifies flaws, and proposes solutions. Among the findings:

~Repealing regulation 45 CFR 400.301 could have the immediate effect of allowing states to withdraw from the U.S. Refugee Admissions Program (USRAP) and end initial resettlement activities in the state.2

~Today, states that withdraw from the program find the program continues in the state with the potential to operate on a larger scale than before withdrawal and with no state participation.

~As implemented, states have a limited and ill-defined role in the federal USRAP.

~Congress has shirked its responsibility to fully fund the refugee resettlement program.

~The federal government has shifted much of the fiscal burden of refugee resettlement to states. Three years of reimbursement for the state portion of welfare programs used by refugees in the state, such as Medicaid, TANF and SSI, was authorized by the 1980 Refugee Act. This support was ended entirely.

~The Act authorized Refugee Medical Assistance (RMA) and Refugee Cash Assistance (RCA) for three years for refugees who do not qualify for cash welfare and Medicaid. This support was gradually scaled back; today RCA and RMA are available for only eight months.

~This cost shift to the states means the federal government is, in effect, using state funds to operate a federal program. In cases where a state asks to withdraw from the program, continuation of the program means the state has lost its ability to control its own budget and is deprived of its sovereignty under the Tenth Amendment.

~Consultation among “stakeholders” about where refugees are to be settled is ill-defined in the USRAP. At times there is no meaningful consultation with state authorities.

~The federal government uses a legally questionable regulation (45 CFR 400.301) rather than statutory law to allow private non-profits to operate in a state where the state has asked to withdraw from the program.

~By one reading of the law, prior to 45 CFR 400.301, there was no authority to resettle refugees in states that chose to withdraw from the program. In other words, prior to 1994 when 45 CFR 400.301 was introduced, the states were — knowingly or not — participating in and paying for a voluntary program from which they had every right to withdraw at any time with the expectation that no refugees would be resettled in the state.

Serious students of the USRAP, continue reading here.

And, I repeat! If there is no reform of the entire US Refugee Admissions Program in the next three years, simply reducing the numbers as the Trump Administration is doing is meaningless in the long run.

The President can and must, as part of any immigration reform, issue regulations in keeping with the original law wherever possible, and, or, tell Congress to rewrite the law if it is in our national interest to continue it at all.

If no permanent fix….

…..when President Trump’s term ends, refugee agencies and advocates will push for even larger numbers of refugees to make up for what they will dub the lost Trump years.

Looking for something to do? Get this information into the hands of your state governors and legislators!

10 thoughts on “Center for Immigration Studies: Feds have long ago usurped States’ Rights when it comes to refugee resettlement

  1. As the daughter of a legal immigrant, you sound very xenophobic to me. What if people like my mother had been refugees and you wanted to shut the door on them? We are the wealthiest nation in the world and can afford to assimilate more refugees. As for the concerns about providing health insurance for refugees when many Americans can hardly afford their own coverage, blame the Republican Congress for that. They could have strengthened the Affordable Care Act, but chose not to. Instead, they proposed alternatives that would have raised the cost of health insurance for older Americans and those with pre-existing conditions. Thankfully, three Republican Senators realized these alternatives would be devastating for our nation as a whole.


  2. I feel that taxpayers should not have to pay money to bring refugees. Any potential refugee must follow proper procedures for applying to live in the USA and use their own money too. I feel that it is unfair for taxpayers to pay for the Healthcare of both refugees and politicians while many taxpayers can barely afford to pay for their own healthcare. So I am posting athe link to a petition which will remove all Healthcare subsidies for politicians. Please promote and sign the petition:


  3. Hello Ann,

    Thank you for your blog. You do great work. I know it must take much of your time and energy. I appreciate it.

    Have you seen this very interesting article in American Thinker:

    Author Karin McQuillan writes about the culture in Senegal that keeps people unmotivated and living in filth. Islam bears much of the blame for keeping these people down. The author’s experiences in Senegal probably occurred several decades ago.

    However, a friend’s daughter who served in the Peace Corps in Burkina Faso only one decade ago had exactly the same experiences. I recall her saying the Muslim people in the village where she worked had no idea what it meant to help your neighbor. In fact, if the Peace Corps workers helped someone build a nice house, the other villagers would tear it down out of envy. She confirmed that the women did all of the work.

    As Americans, we should teach these folks how to dig latrines and clean up their environments, instead of exporting them to Western nations to defecate there. These folks fail to assimilate because we don’t demand that they do so.

    Many thanks, Ann, for your informative blog.


    Beth Alvarez

    Southlake, Texas


  4. Have you had the opportunity to read the Judicial Watch (same Judicial Watch you see on Fox News and speaks before government officials newsletter) newsletter from Jan. 19th/2018? The articles name is:” Illegal Aliens Quietly Being Relocated Throughout U.S. on Commercial Flights”.
    The newsletter shows this administration is carrying on the previous administration actions, using taxpayer monies to transport by commercial flights using Homeland Security. The newsletter goes into detail with the facts, and it makes a citizen sick to know what this administration is doing and allowing that harms each American Citizen.

    Couple this with the current new flow of refugees along with what Germany just passed by accepting 200,000 annually in compromise decision, common sense tells you Germany cannot handle this and will have to disburse the refugees to other countries. Something tells me part of them will be coming here annually. We are getting nowhere except gutting this nation from within by our government officials that we have elected.


Comments are closed.