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Judge dismisses Tennessee States’ Rights case on refugee resettlement

Posted by Ann Corcoran on March 22, 2018

A Tennessee judge this week moved to dismiss a case that would have, we believe, once and for all, settled the issue of whether the federal government can place refugees in a state and expect state taxpayers to pay for many of their needs.

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So sad. I had such high hopes for AG Sessions. He of all people should have known how significant this case is.

But, as you read the story, remember that the Judge was dismissing the case because the US Justice Department (Jeff Sessions) asked for the case to be dismissed.

We told you back in May that DOJ lawyers were pushing for dismissal.

I find it stunning that AG Jeff Sessions did not see the significance of this Tenth Amendment case for, not just the refugee resettlement program, but for other programs where the feds dump financial responsibility on states that don’t want it! (And, don’t tell me he might not have known what his lawyers were doing!).

Here is Neil Munro writing at Breitbart on Tuesday:

A March 19 federal court decision requiring taxpayers in Tennessee to fund the federal government’s refugee program ignores a 2012 Supreme Court decision, says Richard Thompson, president of the Thomas More Law Center.

The judge’s 43-page decision on the refugee program “is filled with appealable issues,” Thompson told a Tuesday event hosted by the Center for Immigration Studies. “Our view is that we should appeal it” at no cost to state taxpayers, said Roberts, who is the lead pro-bono lawyer in the case.

tenth amendment

“We would relish that … this case could very well end up in the Supreme Court,” he said.

A Supreme Court majority ruled in 2012 that the federal government cannot force states to fund federal programs, so “the judge basically backed off because it was too controversial and ruled on the basis of standing,” Thompson added.

The case is important for many states because the federal refugee program forces state taxpayers and governments to fund most of the welfare, aid, and education costs of federal government’s policy of dropping refugees and their children in the states, he said. If states balk at paying the costs, the federal government can threaten to cut their share of federal funding for the Medicare program, he said.

In Tennessee, the federal Medicare program funds one-fifth of the state budget, or $7 billion per year.

[….]

The judge did not hold a hearing on the case but relied on written statements from the plaintiffs and defendants.

The judge’s decision shows the political power of the federal program, said Mark Krikorian, director of the center. “A state can check out of the refugee program, but it can never leave,” he said.

More here.

As I understand it, it is now up to the state of Tennessee to decide to take the Thomas More Law Centers‘ offer to appeal the case, free of charge. (Or, will big industry—meatpackers!—prevail on the pols to drop the whole thing so their steady supply of cheap refugee labor continues to flow into the state.)

13 Responses to “Judge dismisses Tennessee States’ Rights case on refugee resettlement”

  1. TwoLaine said

    You’ll love this!

    ICE raided a meatpacking plant in Tennessee. 97 busted immediately. The company is busted on many levels. SWEET JUSTICE! May it be just the beginning!

    CRIME
    Affidavit details alleged worker exploitation, tax fraud at Grainger Co. plant
    by Lauren Hoar, Laura Ararat, Tom Barclay, Tonja Burk, Louis Fernandez, Marc Sallinger
    5 Apr 2018

    “Those individuals who are determined to be subject to removal will be administratively arrested and placed in removal proceedings, we cannot release specifics on the arrests,” according to the statement provided by ICE.

    https://www.wbir.com/article/news/crime/affidavit-details-alleged-worker-exploitation-tax-fraud-at-grainger-co-plant/51-535625793

    BTW, in case you didn’t see it, Jeff Sessions put out a new ZERO Tolerance policy yesterday on illegal entry into the USA, you will be detained until you are adjudicated, he has upped the amount of cases required to be processed weekly by these judges, our military is finally being dispatched to guard our own borders, and as you already know, a lot of people working on vetting alleged “refugees” overseas for dumping into the U.S. have been pulled out, brought back home and rerouted to OUR border issues instead.

    This is a well coordinated plan of attack if you ask me.

    Like

    • Ann Corcoran said

      Thanks, yes, I saw the TN bust story and tweeted it. I tweet a lot that I never get time to write a post about. Even if you aren’t on twitter you can see my tweets on the right hand side bar of RRW.

      Liked by 1 person

  2. You never know what is happening behind the scenes so we need to be patient. Session is an extremely honest person, as I have been told on very good authority. We need honesty and integrity in the AG office not a pawn of the president like Holder was for Obama. They must be objective and fair. I know no body likes what is going on but I would rather have an honest fair AG than one like Holder and Lynch. Does anyone disagree?

    Like

  3. Swamp mud.

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  4. Wow! This sounds like a serious problem. I’m thinking that the State of Tennessee should just begin bussing these people to the steps of the capitol and dropping them off……

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  5. Sessions is a fake trump supporter. He needs to be fired asap.

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  6. Where is MY FREEDOM, as a CITIZEN, when the government can force me to accept as neighbors, people who I clearly do not want in my neighborhood. And then to add insult to injury, they can make me pay their rent, food and education expenses as well by raising my taxes ?????? Why do I have no say in this or vote in this when I am the one who has to pick up the tab ?

    Liked by 1 person

  7. Of course, it should be appealed to the Supreme Court! The habit of big government overreach has overtaken commonsense and is affecting even so-called Republicans. It doesn’t surprise me that RINO Sessions supports the court’s decision. Ultimately, of course, the 10th Amendment and the Anti-Commandeering doctrine enables the State to withhold funding for the refugee program. But the big IF is: will the State have the guts to act to its constitutional authority? Or are federal handouts more important than principle and the Rule of Law. Sadly, I suspect fed handouts a higher priority. (We’ve met the enemy and it us.)

    Liked by 1 person

  8. session should be fired. Dobson or giluiani should be good replacements

    Like

  9. As a taxpaying Tennessean, this especially aggravated me when I read this today. What can we do besides get frustrated? Send a message to the White House asking Pres. Trump why?

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    • TRUTHFULLY, the real problem is States, like Tennessee, have been enslaved by federal handouts, and have forgotten their immense powers per the 9th and 10th Amendments. Follow the money. The actions and polciies of MOST state political leaders are absoltuely dictated by the federal sugar daddy. Terrible to say, but even more terribly true. If Tennessee said NOT NO but HELL NO, problem solved. But I just don’t see that happening. Staes have been routinely suckling on the federal teat and, for that reason, they are no longer sovereign States committed to the interests of their citizens.

      Liked by 1 person

  10. I post this stuff on Facebook, because most Americans have no idea how much of their local tax dollars go to support these immigrants for years.

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