Monday, November 16, 2015

Psst Governor Bentley! There's a problem with your stand on the state line to refuse Syrian refugees...

You can't
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.

Despite popular and uniformed opinion, Alabama is still a part of the United States of America.  Sir.
The problem for Jindal, Abbott and the other governors opposed to admitting refugees, however, is that there is no lawful means that permits a state government to dictate immigration policy to the president in this way. As the Supreme Court explained in Hines v. Davidowitz, “the supremacy of the national power in the general field of foreign affairs, including power over immigration, naturalization and deportation, is made clear by the Constitution.” States do not get to overrule the federal government on matters such as this one.
Cartoon by J.D. Crowe - Alabama immigration law
Editorial Carton for Alabama Media Group by J.D.Crowe
You can take a whole row of seats now. 

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