Given that at least one of the suspects involved in the massacre in Paris on Friday snuck into the country posing as a Syrian refugee, Arizona Gov. Doug Ducey—and more than half a dozen more around the country, including Texas and Louisiana—announced today that he won’t accept any new refugees to be resettled in the state.

But, according to the Center for American Progress, a public policy research and advocacy organization, Ducey and all others don’t have the lawful means to prevent that from happening, much less tell President Obama what to do when it comes to federal immigration policies.

In a statement to the media, Ducey said he is invoking the state’s constitutional right to “receive immediate consultation by federal authorities per the United States Refugee Act, and that the federal government take into account the concerns and recommendations of the state of Arizona as they are required to under federal law, in our efforts to keep our homeland safe.”

He also called on Congress and President Obama to “immediately amend federal law to provide states greater oversight and authority in the administration of the placement of refugees. These acts serve as a reminder that the world remains at war with radical Islamic terrorists. Our national leaders must react with the urgency and leadership that every American expects to protect our citizens.”

Texas Gov. Greg Abbott, a Republican, signed a letter to Obama that said Texas won’t accept any Syrian refugees, and Louisiana Gov. Bobby Jindal, also a Republican, issued an executive order dictating all “departments, budget units, agencies, offices, entities, and officers of the executive branch of the State of Louisiana” to “utilize all lawful means to prevent the resettlement of Syrian refugees in the State of Louisiana while this Order is in effect,” according to CAP.

The organization says that states “do not get to overrule the federal government on matters such as this one.”

From CAP:

Just in case there is any doubt, President Obama has explicit statutory authorization to accept foreign refugees into the United States. Under the Refugee Act of 1980, the president may admit refugees who face “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion” into the United States, and the president’s power to do so is particularly robust if they determine that an “unforeseen emergency refugee situation” such as the Syrian refugee crisis exists.

The power to admit refugees is a “broad discretion exercised by immigration officials,” which the Supreme Court recognized in its most recent immigration case, Arizona v. United States (which dealt with SB 1070), CAP said:

Indeed, in describing the executive branch’s broad authority to make discretionary calls regarding immigration matters, Arizona seemed to explicitly contemplate the circumstances that face President Obama today. The United States may wish to allow a foreign national to remain within its borders, the Court explained, because the individual’s home nation “may be mired in civil war, complicit in political persecution, or enduring conditions that create a real risk that the alien or his family will be harmed upon return.”

Moreover, the Court explained, America could suffer severe foreign policy consequences if the executive does not enjoy broad discretion over immigration matters. “The dynamic nature of relations with other countries,” Justice Anthony Kennedy explained in his opinion for the Court in Arizona, “requires the Executive Branch to ensure that enforcement policies are consistent with this Nation’s foreign policy with respect to these and other realities.”

Also, there is a close tie between immigration and foreign relations, and for that reason, immigration policy should be set by the federal government not by 50 different state governors, “because the entire United States can suffer when a foreign nation reacts adversely to our treatment of immigrants,” CAP said. 

States have the power to deny their own resources to the feds, potentially making more difficult for refugees to resettle. “Nevertheless, an act of Congress — the Refugee Act of 1980 — has given Obama broad discretion to allow refugees to be admitted into the United States. The states of Texas, Louisiana and others must yield to that act.”

This article appears in Nov 12-18, 2015.

I was born and raised in Guatemala City, Guatemala. I moved to Tucson about 10 years ago. Since I was old enough to enjoy reading, I developed an interest in writing, and telling stories through different...

25 replies on “Ducey May Not Want to Accept New Syrian Refugees—But Does He Have That Authority?”

  1. There is a real threat to the security of the United States from Muslim Refugees admitted into this County. We must take steps to protect ourselves by making it clear to the Muslim Community that they are the first line of defense against a terrorist attack in this country by reporting any Muslim that is supportive of the Barbarism of the “Islamic State”. Far more Draconian measures will follow if members of the Muslim Community in the United States are found to be Complicit in any act of Terrorism by the “Islamic State” in this or any other Country.

  2. Our Constitution (US) requires that the President and all office holders protect and defend it’s citizens from enemies from within and without. Once again, why must we remind the POTUS about his constitutional oath? It would now appear that the broken immigration program was broken by our own government.

    We don’t need any more tragedies like France. Look at the steps they are taking. They look like us.

    The left clearly doesn’t understand war.

  3. Close the doors on refugees seeking asylum from ISIS — certainly not pro-life and certainly not what Jesus would do. He is a hypocrite.

  4. So you would attack the Governor for taking action to keep citizens safe, and then defend a President that would not take action, but continue to do what caused the carnage in Paris?

  5. In addition to the extremely real and serious threat that ISIS has already or will soon slip across our porous southern border, it is also essential to warn the public about the threat that ISIS will exploit our loose and lax visa policies to gain entry to the United States. Indeed, as we know from the first World Trade Center bombing in 1993, from the 9/11 terrorist attacks, from the Boston Bombing, from the recent plot to bomb a school and courthouse in Connecticut, and many other lesser-known terror incidents, we are letting terrorists into the United States right through our front door,”

    http://www.weeklystandard.com/blogs/immigration-agent-union-immigration-system-highly-vulnerable-isis-extremists_805289.html

  6. What world do you people live in? Seriously. Didn’t you see what happened in Paris? All it would take is for one refugee to be a terrorist and hundreds, thousands of innocent Americans could be killed. Your opinions defy logic. I have to give you credit, you really have me baffled this time.

  7. Jesus wasn’t faced wit ISIS, besides, if he wanted to be killed to save mankind, that’s his business. There’s no charity in taking others with you just to get in a book. Why take any more risks than necessary for someone who might kill you and your family. Besides, no one, not even the Pope, knows what Jesus would do, nobody alive actually talked to him.

  8. David W: take a deep breath, stop the fear-mongering and quit your absurdist claims about “the left” not understanding war. Your logic is faulty, your race from one fragile premise to another is exhausting.

    The mightiest military force that he world has ever seen, our U.S. troops will keep you safe. I hope that you are not inviting doubt and criticism about their fealty and efficacy.

    As Americans, we will not let the persecuted and the anguished refugees suffer the fate that some would resign them to. Leave them to be brutalized by bloody civil war? Innocent children barred from entry to the United States? Shame upon you! We are stronger, wiser and kinder than that. We aspire to greatness as a nation, and we do not cower before belligerent fundamentalists. You should think twice before you shame our country into turning it’s back on those in need.

    Our futile and Ill-advised war-making has taught us much—all of us—-and we must all accept that grace, compassion and empathy are the mark of a great people, a decent people.

    I propose that you join in a campaign to assist in the proper processing of refugees, and promote the successful placement of the poor and the retched to safe and productive place in our proud society. Start with the children.

  9. Cw13: your claims are an intellectual hyperventilation. For example, it would only take one American terrorist to kill hundreds, nay thousands of Americans. Do you see the absurdity? The illogical conclusion?

    Indeed, American terrorists have killed, and law enforcement experts propose, that domestic terrorists are more likely to strike here than any other group. ¿Sabe?

    And, please do not impugn the ability of our U.S. Fighting forces to protect you here. A great nation will provide shelter to the wretched and the oppressed, as we should. If you want to help in that effort I commend you. If you stand in the way, you shame yourself. Do not pretend that this country cannot vet refugees. We can, we have and we will.

  12. David W: you are an intellectual and moral coward for dodging a thoughtful reply to the plight of innocent children fleeing death. If you answer those concerns In a thoughtful manner, I commend you if you don’t, or will not, I pity you. You are Un-American, callow, indifferent and selfish. As usual.

  13. The terrorists were born in France and Belgium. Home grown. The Syrian passport is a fake. There are several out there. Perhaps Americans should read to understand, before they jump to conclusions.

  14. Still their parents were Muslim immigrants from the Middle East who obviously never integrated. I’m torn on the issue. Canada has plenty of space, why not send them there? The US is getting overpopulated. Or give each one an M16 and send them back to fight ISIS. A few thousand armed Kurds just kicked ISIS out of one city. ISIS is pathetically small if there were any determined resistance.

    It’s always funny how liberals love Muslims and hate Christians. At least be consistent if you dislike religion.

  16. Intellectual hyperventilation ??? I suppose I’ve been called worse. I have it on good authority that you’ve never ridden the N.Y. City subway system before. Something I’m a 14 year veteran of. One suicide bomber at 42nd St. and Times Square at rush hour could indeed kill hundreds. If he was part of a group that hit several stations at once, thousands dead is a real possibility. You need to stop looking through your rose colored camera lens and start seeing the real world.

  17. Is it also possible that you can discuss this without the constant name calling and ridiculing? Nobody polices these posts, but save your unamerican comments for somebody far more deserving.

    Selfish as usual? Are you new around here?

  18. Paul Stapleton Smith, you are not being honest. Your claim to helping children is invalidated by the fact that 75% of the refugees are military age healthy men. Why are they fleeing and leaving behind the women, children, and the elderly. Reports across Europe confirm these figures. Isn’t that odd?
    Oh by the way, if I were head of planning for ISIS, the 1st thing I’d do is plant hundreds of operatives within the refugee camps. You can help those in need where they are. Bringing them 1/2 way round the world and dumping them in a foreign land with a foreign culture is probably not best for them. So, you are not thinking this through very thoroughly and are emotionally hyperventilating, to coin a phrase.

  19. He is, David.. Give it a little time and like most one hit wonder Liberals he’ll be gone. Off to some sort of protest rally I suppose.

  20. I just heard an interesting montage of various members of the intelligence community. F.B.I., C.I.A., Homeland Security, State Dept. All said that it is very possible for a bad guy or two to slip in with Syrian refuges, which could result in disaster. They all said that we can’t possibly vet all of them. Maybe someone else is hyperventilating.

  21. CW13 There is NOTHING to vet. Refugees appear with no ID and no history to vet. 3 questions is not vetting as the little info girl on MSNBC found out this morning when Congressman Peter King of NY shamed her on camera.

    We are debating the same people that voted for the bonds in this last election. They FEEL that something good might just happen this time. That’s not a positive outlook, it’s the definition of insanity.

    “Insanity: doing the same thing over and over again and expecting different results.” – Albert Einstein quote

  23. Maria does not love America, she does not like white people and anyone who disagrees with her is a right wing republican Koch supporter.

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