Tennessee legislature moves a step closer to filing states' rights lawsuit on refugee program

02/19/2016 ~ Ann Corcoran ~ Leave a comment

All over the country, ‘Pockets of Resistance,’ are forming to oppose the heavy-handed (secretive and costly) UN/US State Department Refugee Admissions Program. Tennesseans get kudos for being among the first to be recognized as resisters by the federal government as I learned here at a 2013 meeting the Office of Refugee Resettlement held in Lancaster, PA.
Now, the legislature itself may be on the cusp of striking a real blow for states’ rights.
See Michael Patrick Leahy, here at Breitbart:

The state of Tennessee is one step closer to filing a Tenth Amendment lawsuit in federal court to end the United States Refugee Resettlement program in that state.

Jan Reeves & Holly Johnson — Think about it! Private citizens heading up non-governmental organizations: Holly Johnson (left) of Catholic Charities TN and Jan Reeves of Idaho’s Janus Inc. call the shots, along with the feds, about how much state taxpayers must shell out for refugee programs. You know it’s unconstitutional!

The Finance, Ways & Means Committee of the State Senate overwhelmingly passed Senate Joint Resolution 467 in a bi-partisan nine to one vote.

The resolution now goes to the State Senate floor, where it is likely to pass, then on the the State House, where it is also likely to pass.

In Tennessee, the state legislature (called the General Assembly) has the authority to file this lawsuit, which may prevail in the courts on Tenth Amendment grounds, if Republican Governor Bill Haslam fails to act.

[….]

The resolution was filed in the State Senate by Lt. Governor Ron Ramsey a little less than a month ago on January 22, and has moved quickly through the legislative process.

Unlike previous lawsuits filed by Texas and Alabama, which were not brought on 10th amendment grounds, this lawsuit could result in a victory. Such a victory would not prohibit refugees settled in other states by the Obama administration from entering the state of Tennessee. It would, however, prevent the State Department from settling those refugees initially in Tennessee under any circumstances, since such settlement requires the state of Tennessee to pay, in part, for their upkeep.

“Wilson-Fish alternative program” states including Tennessee and eleven others (Alaska, Alabama, Colorado, Idaho, Kentucky, Louisiana, Massachusetts, Nevada, South Dakota, North Dakota, and Vermont) who have opted out of the US Refugee Resettlement program have a strong 10th amendment suit against the federal government to stop the program in their states since it is “an unfunded mandate,” proponents of the resolution argue.

[….]

“In 2012, the Supreme Courte ruled in the now famous NFIB v Sebelius case in that case the Supreme Court said ‘a state cannot be compelled or coerced to participate in a federal program for which it has chosen not to participate.’

Continue reading here.
By the way, most people outside of Tennessee are shocked to learn that the state (especially Nashville) is a prime resettlement site for refugees seeded there by Catholic Charities in conjunction with the federal government.

Readers get moving!

For all of you in Wilson Fish states***, you must work to persuade your governor (or state legislature in some cases) to get on board with a 10th Amendment lawsuit ready to file at the Thomas More Law Center. You ask me all the time, what can I do. Well, if you are a citizen in one of these states this is something you can do!
*** Alaska, Alabama, Colorado, Idaho, Kentucky, Louisiana, Massachusetts, Nevada, South Dakota, North Dakota, Tennessee and Vermont

Unconstitutionality of refugee program in 12 states explained

12/09/2015 ~ Ann Corcoran ~ Leave a comment

Thanks to Breitbart Reporter, Michael Patrick Leahy, thick-headed non-lawyers like me are beginning to grasp the argument about how the federal government is placing an unconstitutional burden on states which has no legal basis in the so-called Wilson-Fish alternative resettlement program operating in these twelve states:

Alabama
Alaska
Colorado
Idaho
Kentucky
Louisiana
Massachusetts
Nevada
North Dakota
South Dakota
Tennessee
Vermont

Here is how the Breitbart story begins, but I urge you to read the whole thing especially if you live in one of those states.

A brave governor is needed to be the plaintiff in a lawsuit that is ready to file! Help find that governor!

Twelve states hold the key to a constitutional challenge to the increasingly controversial U.S. Refugee Resettlement program.

In states where governments have withdrawn from the statutorily questionable “Wilson-Fish alternative program,” the program is now run by private charities contracted by the U.S. Department of State.

Dalrymple — North Dakota! How about you Jack?

As Breitbart News has reported previously, the Thomas More Law Center, a well respected public interest law firm, is looking for one brave governor from among these twelve states (Alaska, Alabama, Colorado, Idaho, Kentucky, Louisiana, Massachusetts, Nevada, North Dakota, South Dakota, Tennessee, Vermont) to step up and act as the plaintiff in the case.

The constitutional argument is that the federal government, without the permission of these 12 Wilson-Fish states, has “commandeered” state funds by placing refugees in their states, thereby obligating states to pay Medicaid expenses for the refugees, in violation of the Tenth Amendment to the Constitution, which states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

In effect, the federal government is imposing an unfunded federal mandate by regulatory fiat, rather than statutory authority, on these 12 “Wilson-Fish alternative program” states.

There is much more, continue reading here.

Find that governor!

Go here for our previous discussions of Wilson-Fish.

Important radio program tomorrow a.m. on Wilson-Fish states lawsuit!

12/06/2015 ~ Ann Corcoran ~ Leave a comment

Broadcast from Nashville, Tennessee, but can be heard on-line.

We told you about the hunt for a brave governor willing to defend the Constitution here last Thursday. The hunt continues.

States like Tennessee, Alabama, Kentucky and others, CAN stop refugee resettlement in their states.

In case you haven’t seen the article, Breitbart reported last week, that the Thomas Moore Law Center has been working since June on a lawsuit to challenge the constitutionality of the federal refugee program as it is being implemented in states like Tennessee, Kentucky, Alabama and others.

Erin Mersino, senior trial lawyer from the public interest firm, the Thomas Moore Law Center will talk about this on the Ralph Bristol radio show, Monday December 7th at 9:05 A.M. EST/ 8:05 CST.

The Thomas More Law Center 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. It supports a strong national defense and an independent and sovereign United States of America. The Law Center accomplishes its mission through litigation, education, and related activities. It does not charge for its services.

They will represent your state at no charge.

You can listen to the Ralph Bristol show and learn more about how the lawyers at the Thomas Moore Law Center are prepared to stand up to the federal government and defend your states’ rights.

Listen online to the show: http://pro.wwtn-fm.tritonflex.com/page.php?page_id=151 or tune in to WWTN, 99.7 FM.

Meanwhile, according to Michael Patrick Leahy at Breitbart, it looks like Tennessee Republican Governor Bill Haslam is not going to be that brave man.
Is yours a Wilson-Fish alternative state? Why not see if radio programs in others of these states would do an interview with the Thomas More Law Center (if I can be so bold as to offer them!). You need to build grassroots pressure on governors of these states (it only takes one) to be the plaintiff in this all important Constitutional test!

Alabama
Alaska
Colorado
Idaho
Kentucky
Louisiana
Massachusetts
Nevada
North Dakota
South Dakota
Tennessee
Vermont

Looking for one brave and patriotic governor! Lawsuit ready to file against refugee program, needs only a plaintiff

12/03/2015 ~ Ann Corcoran ~ Leave a comment

But one important caveat. The governor must be from one of the 12 Wilson Fish states.

If you live in one of these states, you have your marching orders starting tomorrow!

Your governor must be deluged with requests to join a suit being prepared by a nationally renowned public interest law firm specializing in cases involving the US Constitution. Here are the key states in which the so-called Wilson Fish alternative resettlement plan is ripe for a challenge:

Alabama
Alaska
Colorado
Idaho
Kentucky
Louisiana
Massachusetts
Nevada
North Dakota
South Dakota
Tennessee
Vermont

Now this is the breaking news from Breitbart reporter Michael Patrick Leahy:

matt Bevin — Will newly elected KY Governor Matt Bevin be the bravest of them all?

The Thomas More Law Center, a well respected public interest law firm, is ready to file a lawsuit challenging the constitutionality of the $1 billion a year U.S. Refugee Resettlement Program and is looking for a governor to be the plaintiff in a case that can be filed on short notice.

The Refugee Resettlement Program, which has been in operation for more than three decades, brings 100,000 refugees a year, 40 percent of whom are Muslim, into the United States. As Breitbart News reported previously, the Obama administration intends to bring 10,000 Syrian refugees to the United States in 2016, despite testimony by the director of the FBI these refugees cannot be vetted and polls that show more than 10 percent of the refugees have a positive view of ISIS.

Dick Thompson, the executive director of the Thomas More Law Center and a former prosecutor in Michigan, tells Breitbart News that the public interest law firm has devoted more than six months and much of its legal staff researching the legal authority by which President Obama authorizes un-elected and unaccountable “voluntary agencies” (VOLAGs) to place refugees in states without receiving the permission of the state’s governor.

“We’ve drafted a 16 page complaint that we can utilize for any one of the Wilson-Fish state governors. All we need is for one of these governors from a Wilson-Fish state to say I want to file a lawsuit, and we could file one on their behalf within a few days. Moreover, our representation is without charge,” Thompson says.

The basis of the lawsuit is that the program, as currently operated, violates the Tenth Amendment to the Constitution.

Please read the remainder of Mr. Leahy’s report! Will Kentucky go first? Or, how about Alabama? Idaho! here is your chance! Step right up! The volags are reeling!
But, don’t forget, even if you are deluging your governor’s office you can still do this too….

Action Alert: Call your members of the House and Senate at 202-224-3121 and ask them to vigorously oppose the Refugee Resettlement funding contained in the Omnibus Spending Bill that will be voted on by 12-11-15! Please call by this Friday, Dec. 4th.

Are you in a Wilson-Fish state?

11/30/2015 ~ Ann Corcoran ~ Leave a comment

In so-called Wilson-Fish states the federal refugee resettlement program completely leaves out state elected officials and is run exclusively between the feds and a non-profit resettlement contractor (Volag).
That means that Catholic Charities among others is choosing who comes to your state/how many, and thus who you will educate and otherwise care for with your tax dollars!
So, if you live in one of the twelve designated Wilson-Fish states you have even less states’ rights than the others (and there is very little power for the governor in the others either). When crafting the original Refugee Act of 1980, Senator Ted Kennedy made sure the law was written in such a way as to give very few rights to state elected officials and virtually none to Congress (except the power of the purse!)

Alabama Governor Robert Bentley delivers his State of the State address in the Historic Old House Chamber in the Capitol building in Montgomery, Ala., Tuesday, Jan. 14, 2014. (AP Photo/Jay Sailors) — Alabama Governor Robert Bentley is one of 12 governors who need to reclaim their states’ rights and get the heck out of the federal Wilson-Fish program.

I have way too much to do today and am not wading into W-F. But, I urge all of you who live in these 12 states and one county to begin to research what this means for you and find a way to push back.
I was reminded of W-F this morning when I saw this Breitbart story posted yesterday. See ‘what you need to know about W-F’ here. And, this is what the Office of Refugee Resettlement says about it, click here.

States can opt-out of the refugee program, but beware!

For all of you in other states, remember that if your state decides to withdraw from the program—yes, it legally can withdraw as we reported on the law here in 2009—but remember this! Waiting in the wings are the resettlement contractors/feds eager to find a “replacement designee” to turn your state into a Wilson-Fish state and run the program without any state involvement at all.

Is your state a Wilson-Fish state?

This is from the Breitbart story, and comes directly from the federal guidelines on W-F. P.S. to Wyoming, watch out for your governor to allow the feds to set up a W-F program for WY (the only state in the nation which has no official program, although no refugees went to Montana in recent years).

This federal government website describes the program, as well as the VOLAGs in the 12 Wilson Fish states where they operate with virtually no oversight by the governments of the local states. Those VOLAGs, by state, are:

Alabama: USCCB – Catholic Social Services

Alaska: USCCB – Catholic Social Services

Colorado: Colorado Department of Human Services

Idaho: Janus Inc. (formerly Mountain States Group), Idaho Office for Refugees

Kentucky: USCCB – Catholic Charities of Louisville, Kentucky Office for Refugees

Louisiana: USCCB – Catholic Charities Diocese of Baton Rouge, Louisiana Office for Refugees

Massachusetts: Office for Refugees and Immigrants

Nevada: USCCB – Catholic Charities of Southern Nevada

North Dakota: LIRS – Lutheran Social Services of North Dakota

San Diego County, CA: USCCB – Catholic Charities Diocese of San Diego

South Dakota: LIRS – Lutheran Social Services of South Dakota

Tennessee: USCCB – Catholic Charities of Tennessee, Tennessee Office for Refugees

Vermont: USCRI – Vermont Refugee Resettlement Program