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Feds move to dismiss Alabama refugee lawsuit

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The federal government and other defendants has moved to dismiss a lawsuit filed against them by Alabama Gov. Robert Bentley. The Alabama lawsuit — filed on January 7th in federal court in Birmingham — argued that the federal government hasn’t followed a portion of the Refugee Act of 1980 that says the federal government “shall consult regularly” with states on placement [INA section 411.2 (A-C)]. The lawsuit also pointed out that,“The Federal Government’s [Cooperative] agreements with these resettlement agencies require them, on the Government’s behalf, to conduct quarterly consultations with relevant stakeholders, including State and local officials.” Yet, it’s not clear if either of those requirements is in place since Alabama dropped out of the resettlement program in 2001, and responsibility for State-administered refugee services shifted to Catholic Social Services of Mobile. The lawsuit also asked a judge to require the federal government to provide the entire government file on refugees who have been or will be settled in Alabama. Yet, attorneys for the federal government, in a Texas court case they prevailed in, said that nothing in the law requires the government to give states person-specific information on individual refugees before they are resettled. Gov. Bentley also claimed that the federal government had not notified the state how many refugees had arrived, yet that information is available online at the U.S. Department of State’s Bureau of Population, Refugees and Migration. Federal courts have also ruled that immigration is the responsibility of the federal government. Furthermore, judges struck down large sections of a 2011 Alabama law that sought to curb the influx of Hispanic immigrants into the state. The current case is before U.S. Magistrate Judge John E. Ott.  An article in The Montgomery Advertiser has the details, in excerpts below:

The federal government and other defendants has moved to dismiss a lawsuit filed against them by Gov. Robert Bentley.

Bentley filed the suit in January, claiming the federal government had not been acting in compliance with the Refugee Act of 1980, which he said requires the federal government to consult with state government before placing refugees in the state…”

He requested in the suit that a federal judge compel the federal government to consult with the state on this issue…
During a Jan. press conference following the filing of his suit, Bentley said that the state asked for a complete file on each of the refugees, including their medical history.

In a Tuesday filing, the defendants state that the suit should be dismissed because…
“The (Refugee Act of 1980) does not require the Federal Government to furnish States with the information (Bentley) seeks about individual refugees …

“(Bentley) neglects to mention that Alabama withdrew from the Refugee Resettlement Program in May 2001, citing the sharply decreased refugee population in Alabama,” the filing states.

After the state withdrew from that program, responsibility for State-administered refugee services shifted to to Catholic Social Services of Mobile…

“The Federal Government’s agreements with these resettlement agencies require them, on the Government’s behalf, to conduct quarterly consultations with relevant stakeholders, including State and local officials, concerning the sponsorship process and the intended distribution of refugees in State localities before their placement,” the filing states.

According to the filing, CSS regularly conducts consultations with local government officials, including the Alabama Medicaid Agency… Read more here



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