Tennessee Sues Feds Over Refugee Resettlement

JACKSON, TN — With the assistance of a conservative public-interest law firm, the state of Tennessee is suing the federal government over refugee resettlement, arguing that threatening the withdrawal of Medicaid funds is a violation of the Tenth Amendment.

In a complaint filed with the U.S. District Court for the Western District of Tennessee, the plaintiffs — the state itself, the General Assembly, State Sen. John Stevens and State Rep Terri Lynn Weaver — allege that since the passage of the Refugee Act of 1980, the cost of resettling refugees has shifted from the federal government to the states. Tennessee withdrew from the refugee resettlement program in 2008, but refugees have continued to find new homes in the Volunteer State through private resettlement efforts. The federal government threatened to withhold the state's Medicaid funds — which amount for roughly a fifth of the state budget — if Tennessee didn't provide TennCare to refugees.

The complaint argues that this forced resettlement and forced spending is a violation of Tennessee's sovereignty under the Tenth Amendment, which says the state have all powers not specifically delegated to the federal government by the constitution. The lawsuit says federal rules and regulations are essentially requiring Tennessee to pay for a refugee resettlement program it opted out of.

Tennessee's Attorney General, Hebert Slatery, refused to bring the case himself and thus the General Assembly worked with the Thomas More Law Center, which says it "defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life," to file the suit.

In a statement, Senate Majority Mark Norris emphasized that the suit is not to be seen as a criticism of President Donald Trump, who has suspended the federal refugee program entirely.

“We want to convey to the President that we support his efforts concerning immigration and refugee resettlement and believe this suit for declaratory relief is consistent with what would likely be his position regarding states like Tennessee which have withdrawn from the refugee resettlement program but are forced to continue paying costs associated with it," he said.

Stevens, a Huntingdon Republican, said, in fact, the suit is intended to help the president.

"Through federal economic dragooning of our State’s budget, past Presidents and Congresses have quieted my vote and thereby my constituents’ voices. President Trump through executive action has reversed the overreaches of the Obama Administration in numerous ways. I trust President Trump in this regard. However, he needs our help. 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,” he said.

Stephanie Teatro, executive director of the Tennessee Immigrant and Refugee Rights Coalition, told The Tennessean the case has little chance of success, but it mars Tennessee nonetheless.

"Amidst the largest displacement of people since World War II, the president has already brought the entire refugee resettlement program to a grinding halt, shutting our doors on families fleeing war and violence. Not wanting to be outdone by the federal government, our legislature is proceeding with this extreme lawsuit in hopes of locking the door and throwing away the key.
"Though this lawsuit is bound to fail in the courts, it's very filing assures Tennessee's place in a very dark chapter of our country's history," she said. "But just as the courts will dismiss this lawsuit, Tennesseans will also reject this betrayal of our values and demand real leadership from our elected leaders."

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