Editor: Sorry I haven’t been posting much here lately, I’ve been busy at RRW (as well as being distracted as I assume many of you are as well by of demands of just living these days!), but this is very important and I’m not sure how many of you read RRW.
Cross-postedthis morning in an effort to find groups that could support the Thomas More Law Center’s legal petition to the Supreme Court.
I know it’s a little hard to believe that there are other things going on in America besides the virus crisis, but here is important news I should have mentioned sooner.
The Thomas Moore Law Center has filed a petition to attempt to get the Supreme Court to review the Tenth Amendment case that has been working its way through the legal system.
The heart of the case is the Tenth Amendment argument that the federal government has no Constitutional power to shift the cost of refugee resettlement onto state governments as it has been doing for decades.
TMLC is looking for other like-minded organizations to file amicus briefs in support of their argument which has far-reaching implications beyond just the refugee program!
Here is their press release from earlier this month.
Thomas More Law Center Petitions U.S. Supreme Court to Review Tennessee’s Challenge to Federal Refugee Resettlement Program
ANN ARBOR, MI – In what could have far reaching implications for all states seeking to withdraw from the federal refugee resettlement program, the Thomas More Law Center (“TMLC”) collaborating with attorney John Bursch, filed a certiorari petition Monday, March 16 in the U.S. Supreme Court.
Will they, or won’t they consider the Tenth Amendment case about how the feds have been dumping the costs of refugee resettlement on the states?
The petition asks the Court to hold that the Tennessee General Assembly has standing to challenge the constitutionality of the federal government’s forced state funding of the federal refugee resettlement program.
The Thomas More Law Center (“TMLC”) is a national nonprofit public interest law firm based in Ann Arbor, Michigan. Both TMLC and Mr. Bursch are representing Tennessee without charge.
John Bursch, a former Michigan state solicitor general, nationally prominent appellate lawyer and past chair of the American Bar Association’s Council of Appellate Lawyers, authored the petition for certiorari.
The petition argues that the issues presented in the Tennessee case cut to the core of the Constitution’s protection of states against overreach by the federal government. The Constitution does not give Congress the authority to appropriate state funds, contrary to the wishes of the state, to fund a federal program.
According to the petition: “If a state legislature cannot vindicate its rights in court when the federal government picks the state’s pocket and threatens the state if it dare stop providing funds, then federalism is a dead letter.”
The petition seeks to overturn a Sixth Circuit Court of Appeals decision which ruled that the General Assembly does not have institutional standing to challenge the constitutionality of the resettlement program. The cert petition does not challenge the federal government’s right to resettle refugees in Tennessee. What it objects to is forcing Tennessee taxpayers to pay the costs of the resettlement.
Richard Thompson, president and chief counsel of TMLC, noted: “From the beginning, opposition to the federal refugee resettlement program has been about protecting Tennessee’s state sovereignty from impermissible federal interference. The federal government cannot simply commandeer state tax dollars to fund a purely federal program to extend benefits to noncitizens.”
Tennessee initially agreed to participate in the federal resettlement program because the federal government promised to reimburse 100 percent of the cost. In fact, Congress crafted the 1980 Refugee Act specifically intending that states not be taxed for programs they did not initiate and for which they were not responsible. As is often the case, however, the federal government began shrinking its financial support to the states and by 1991 eliminated it entirely. Due to the mounting costs the federal government was not covering as promised, Tennessee withdrew from the program effective June 30, 2008. But that didn’t stop the federal financial burden on Tennessee taxpayers. The federal government simply designated Catholic Charities of Tennessee, a non-governmental private organization, to continue the program with state dollars.
Between 2007 and the end of 2019, resettlement agencies pumped more than 15,000 refugees into Tennessee cities and towns. They came from Afghanistan, Bosnia, Burma, Central African Republic, Congo, Eritrea, Iran, Iraq, Somalia, Sudan 3 and many other countries. They often arrive from United Nations camps in poor health, with no job skills or English-language abilities.
The resulting cost to state taxpayers amounted to tens of millions of dollars. In 2015 alone, the refugee-related Medicaid costs paid by Tennessee tax dollars topped $30 million.
Instead of resolving the merits of Tennessee’s claim, the Sixth Circuit Court of Appeals sidestepped the pivotal constitutional issue concerning federalism by ruling that the Tennessee General Assembly lacked standing to bring its lawsuit.
The petition filed on March 16, 2020, argues that this was in error:
“The General Assembly is an institutional plaintiff asserting an institutional injury; the federal government has co-opted the General Assembly’s appropriation power and impaired its obligation to enact a balanced state budget. That is because the federal government can siphon state funds—to help pay for a federal program from which Tennessee has withdrawn.”
TMLC originally filed the federal lawsuit in March 2017 on behalf of the State of Tennessee, the Tennessee General Assembly, and state legislators Terri Lynn Weaver and John Stevens challenging the commandeering of millions in state taxpayer dollars for a purely federal program.
A U.S. district court judge dismissed the case on the federal government’s motion. The Sixth Circuit affirmed the lower court’s dismissal on the sole grounds that the General Assembly lacked standing. It never reached the merits of the case.
The Supreme Court now has a chance to shed light on the proper role of the states relative to the federal government—which is the bedrock constitutional principle of federalism.
The petition states: “The (Tennessee) General Assembly does not object to the federal resettlement program. It does not even object to the federal government resettling 4 refugees in Tennessee. The General Assembly does object to the federal government reaching its hand into Tennessee’s pocket to pay for the cost of such a program, particularly when the enabling legislation was enacted with the promise to reimburse states for all expenses incurred in this program.”
The federal government mandates that states provide Medicaid to otherwise eligible refugees, or face termination of federal benefits.
Accordingly, the federal government forces Tennessee to continue funding the refugee program by threatening to pull $7 billion in federal Medicaid funding, which represents 20 percent of the state’s total budget.
The argument in favor of the General Assembly’s standing is bolstered by the fact that both chambers of the Tennessee General Assembly voted overwhelmingly in 2016 in favor of filing a civil lawsuit challenging the constitutionality of the federal refugee resettlement program. The State Senate passed Senate Joint Resolution 467, by a vote of 27-5 while the House voted 69-25 to pass the same resolution.
And without any waiting period they can automatically apply for all welfare programs provided by the State of Tennessee.
If you know any organization that is in agreement with the broad-reaching tenets of the case, please have them contact the Thomas Moore Law Centerimmediately. Time is short!
This story gave me a laugh (I know it is a serious issue)! However, I can’t help chuckling about the Open Borders Dems who all of a sudden are becoming tribal about their people in their states. Civil liberties be damned!
Not sure how this fits into Frauds and Crooks, but what the heck, I’ll archive it in my ‘Politicians as frauds’ category.
Rhode Island Police to Hunt Down New Yorkers Seeking Refuge
Governor Raimondo: We are going to find you!
Rhode Island police began stopping cars with New York plates Friday. On Saturday, the National Guard will help them conduct house-to-house searches to find people who traveled from New York and demand 14 days of self-quarantine.
“Right now we have a pinpointed risk,” Governor Gina Raimondo said. “That risk is called New York City.”
[….]
Rhode Island has just over 200 [cases of COVID-19 at the time this story was posted—ed], and it has begun an aggressive campaign to keep the virus out and New Yorkers contained, over objections from civil liberties advocates.
This is Judge Judy’s home in tony Newport, RI.
Raimondo, a Democrat, said she had consulted lawyers and said while she couldn’t close the border, she felt confident she could enforce a quarantine.
Many New Yorkers have summer houses in Rhode Island, especially in tony Newport, and the governor said the authorities would be checking there.
“Yesterday I announced and today I reiterated: Anyone coming to Rhode Island in any way from New York must be quarantined,” the governor said. “By order. Will be enforced. Enforceable by law.”
Just when you think you have heard it all, here comes yet another scam on America.
Did you even know there were U-Visas that allow illegal aliens to stay in the US if they have been the victim of a crime. This creepy woman actually cut her willing accomplices with a box cutter to help create the lie that they were victims!
Thanks to reader Cristina for sending me the story from last month. (I am getting behind due to the distractions of life these days.) Which reminds me to say I hope all of you are doing well and staying healthy.
“According to the allegations in the indictment, between August 20, 2019, and September 30, 2019, LINARES conspired with other individuals to defraud the United States by making false statements to fraudulently obtain U Nonimmigrant Visas (“U-Visas”), for four individuals.
Victims of certain criminal activities that occur in the United States may be eligible to apply for and obtain a U Visa. A victim who obtains a U Visa may subsequently apply to U.S. Citizenship and Immigration Services (USCIS) to adjust their status to become a lawful permanent resident of the United States.
According to the allegations in the indictment, LINARES devised and participated in a detailed scheme, whereby the four individuals each falsely reported to the Eden Prairie Police Department that they were victims of robberies committed in Eden Prairie, Minnesota.
LINARES directed the individuals to file a police report stating that they were a victim of a fabricated assault, and to corroborate each other’s account of the assault. LINARES used a box cutter or other sharp object to cut the four individuals before they filed their false report with the Eden Prairie Police Department. In exchange, LINARES collected a $2,000 fee from each individual.”
Michelle Malkin will bring a smile to your face as she pulls no punches in whacking the Lefties with their hands out to Congress as the great American wrecking ball makes its way through the Senate and House.
From Creators.com (in case you haven’t seen it yet):
Chutzpah: ADL Wants a Federal Bailout
When I think of “essential” workers in America, the smear merchants of the Anti-Defamation League are at the bottom of the barrel. For decades, they’ve demonized conservatives and Christians as agents of “hate” and treated our very existence as incitements to violence. The ADL’s manufactured outrage machine has broadened its target list to anyone remotely critical of Israel for any reason, President Donald Trump, Immigration and Customs Enforcement agents, “America First” college students, innocuous hand gestures, cartoon frogs and anyone who dares to think or write that “It’s OK to be white.”
Former Assistant to Barack Obama, Jonathan Greenblatt is the CEO of the ADL. He makes a cool $382,523 annual salary heading the ‘charitable’ organization. https://www.adl.org/media/13806/download
Now, in the wake of the “Chinese flu” pandemic, ADL is lining up with all the other federal bailout vultures clamoring for free money. This week, the group issued a statement calling on Congress to include “relief for charities” in any COVID-19 legislation.
“In times of crisis,” ADL self-righteously urged, “nonprofits are on the front lines, ready to respond and serve communities across the nation — but funds are needed to continue doing so.” The “relief package” pushed by ADL and several hundred other groups demands $60 billion in “emergency stimulus funding to support our work… during this time of crisis and need.”
What a crock. The primary “front lines” ADL occupies are on the battlefields against American sovereignty and free speech. By my count, the open borders zealots of ADL have filed 17 amicus briefs in our courts supporting obstruction of Trump’s immigration enforcement and national security measures.
On top of the $60 billion ADL wants for itself and its ideological fellow travelers (including tax-funded refugee resettlement contractors Catholic Charities, Church World Service and Lutheran Services), the group called on House Speaker Nancy Pelosi this week to include Medicaid coverage and tax rebates for illegal immigrants in her Chinese flu rescue package.
I have only snipped a bit of Malkin’s hit on the ADL and its “ideological fellow travelers,” continue reading here.
You might be interested in my post this week at RRW about how refugee programs (contractors too!) will get millions due to the Virus Crisis.
See all of my previous posts filed in my ‘Charity Fraud‘ category.
Never letting a good crisis go to waste, the Open Borders Left wants illegal aliens released from detention arguing that sooner or later, COVID-19 is coming for them.
Hope all of you are surviving your own incarcerations at home. Sorry I haven’t written much here lately, but I have been busy at Refugee Resettlement Watch. You might be interested to know that although the regular refugee admissions program has been temporarily halted by the UN (yes, the UN drives the refugee train), special visa holders from Afghanistan are still being flown into America.
Here is news on the demands to free many of the 37,000 detainees ICE has in custody around the country. From Democracy Now(so this is obviously a Leftwing perspective):
Former ICE Director: Release Immigrants from Detention or COVID-19 Will Spread Like Wildfire Inside
Alarm is growing about the safety of more than 37,000 people held in immigrant detention centers and private jails that contract with Immigration and Customs Enforcement, or ICE, where it is nearly impossible for them to avoid close contact to stop the spread of the coronavirus. Nearly half of those detained by ICE are accused of no crime other than civil immigration violations. Immigrants at three jails in New Jersey are now on hunger strikes over unsanitary conditions that put them at high risk during the pandemic.
We hear from a detained person on hunger strike and speak with John Sandweg, former acting director of ICE during the Obama administration, who is calling for ICE to release thousands from detention, and Angelica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles, or CHIRLA, which just led a national effort to stop immigration enforcement actions.
[….]
ICE says there are no confirmed cases of coronavirus among detained immigrants at the facilities it runs, but at least one worker has tested positive at the Elizabeth Detention Center in New Jersey who’s a member of the medical staff. Meanwhile, two people held at the Hudson County Correctional Facility in New Jersey have tested positive. Like detention centers, the jail holds people detained for civil immigration offenses and is now on lockdown for two weeks. Immigrants at Hudson and two other New Jersey jails are now on hunger strikes over unsanitary conditions amidst the pandemic.
[….]
On Sunday, the group Never Again Action organized a protest with nearly a hundred cars outside the Hudson County Detention Center to demand New Jersey Governor Phil Murphy release people being held there. Never Again also held an in-car protest outside California Governor Gavin Newsom’s home to call for the release of detainees.
By the way, I searched in vain for any photos of their “hundred cars” and found nothing. Continue readingif you feel like it.
Well, they got what they have been waiting for…..
ICE announcedyesterday that the first detainee (this one in NJ) has tested positive for COVID-19.
First ICE detainee tests positive for coronavirus
A 31-year-old Mexican national is the first detainee in Immigration and Customs Enforcement custody to test positive for the novel coronavirus, the agency announced Tuesday.
The detainee, who has been held at the Bergen County Jail in Hackensack, New Jersey, has been quarantined and is receiving care, ICE said, adding that the agency “is suspending intake at the facility until further information is available.”
“Consistent with CDC guidelines, those who have come in contact with the individual have been cohorted and are being monitored for symptoms,” ICE said.
[….]
Confirmation of an ICE detainee in New Jersey contracting the novel coronavirus comes days after the state’s chief justice said he was ordering the release of hundreds of county jail inmates due to the dangers posed by the disease.
Immigrant advocates and some lawmakers have been calling for ICE to take a similar approach, warning that deadly consequences could result if the disease spreads in ICE facilities that have long faced criticism for how they handle even routine medical care.
Deport them faster says CIS!
Advocates’ campaigns for immigration detainees to be released have drawn sharp criticism from organizations that support the government’s crackdown on illegal immigration. Some have argued the US should instead increase the pace of deportations to lower the number of people detained.
Test and Remove Alien Detainees as Quickly as Possible
Don’t let them stack up like cord wood, and don’t release them into the streets of America
Sounds like a good idea to me! If they want to be with their families, the families can join them in Mexico, Central America or wherever else they came from.
Michelle Malkin will bring a smile to your face as she pulls no punches in whacking the Lefties with their hands out to Congress as the great American wrecking ball makes its way through the Senate and House.
