Washington Post Endorses Court Injunction Against Trump’s Consent Requirements for Refugee Resettlement

On January 15, the U.S. District Court for the District of Maryland issued a preliminary injunction banning enforcement of President Trump’s executive order requiring state and local governments to consent to refugee resettlement. Later that same day the President through his Press Secretary released a bombastic criticism of that decision that was rebutted by the court’s opinion, which he obviously had not read. [1]

Now the Washington Post with an editorial joins the chorus of support for the court’s decision.[2]

According to the editorial, “there are excellent reasons” for not requiring such consents.

”First among them is that his executive order— in effect an invitation for Americans to turn away prospective neighbors who might look, sound or think different — reinforces and encourages the most exclusionary, divisive, intolerant faults in America’s social fabric. By doing so, it diminishes the country, not least in the eyes of a world that has long looked to the United States as a leader of humanitarian causes such as resettling the planet’s most desperate people.”

Second, the court’s opinion “offered a lucid explanation of why it is unlikely to pass legal or constitutional muster. [The judge] cited a raft of precedents, including by the Supreme Court, reserving for the federal government — not states, let alone localities — the exclusive power to admit or deny immigrants. He also demonstrated that the president’s stance flies in the face of Congress’s intent when it established the current refugee system, in 1980, and subsequently.”

“That law provides what it calls ‘comprehensive and uniform provisions’ to resettle and provide for refugees admitted after rigorous screening by U.S. agencies, a process that takes about two years. It establishes a system of consultation between federal and local officials designed to ensure a smoothly functioning system. Nowhere does it grant states and localities a veto; in fact, in amending the law to provide for more consultation, in 1986, the House Judiciary Committee noted in a report that it did not intend to grant states and localities any veto.”

“Mindful of the legislation, Justice Department lawyers, tasked with defending the president’s order, tried to pretend it did not amount to a veto for states and localities; rather, they said, it was meant only to ‘enhance the consultation.’ The judge rightly labeled that ‘Orwellian Newspeak.’”

“Mr. Trump’s move was an appeal to the nation’s worst instincts. Most Americans didn’t bite. Ahead of a deadline on Tuesday, at least 42 governors and scores of localities, including many with large Republican majorities, have announced they would accept refugees. Only Texas Gov. Greg Abbott (R) so far has declined; the judge’s decision denies him that power.”

“That won’t stop Mr. Trump from eviscerating the refu­gee program; he’s already slashed the annual limit on resettlements to 18,000, down from the 110,000 President Barack Obama announced in his last year in office. The open arms of most states and localities do send a convincing message, though — that Americans are not as fearful, hostile and small-minded as Mr. Trump evidently believes.”

Conclusion

Now is the time for other newspapers and citizens to join the chorus of objections to this president’s scurrilous attacks on refugees and to promulgate and honor the moral and religious obligation to welcome, protect, promote and integrate refugees and other immigrants. [3]

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[1] Court: Trump’s Illegal Consent Procedure for Refugee Resettlement, dwkcommentaries.com (Jan. 16, 2020); President Trump’s Unjust Criticism of Court’s Enjoining the Consent Procedure for Refugee Resettlement, dwkcommentaries.com (Jan. 18, 2020).

[2] Editorial, Trump invited states and localities to bar refugees. Judge says he can’t do that, Wash. Post (Jan. 19, 2020).

[3] Pope Francis Reminds Us To Welcome, Protect, Promote and Integrate Refugees and Immigrants, dwkcommentaries.com (Jan. 1, 2020).

 

Court: Trump’s Illegal Consent Procedure for Refugee Resettlement

As discussed in a prior post, on September 28, 2019, President Trump issued an executive order requiring written consents by states and local governments for the federal government’s resettlement of refugees, and other posts have discussed the issuance to date of such consents by at least 40 states.[1]

On January 15, however, the U.S. District Court for the District of Maryland preliminarily ruled that this executive order was invalid and ordered that its enforcement be temporarily halted.[2]

The Court’s Opinion

The court’s opinion on this issue occurred in a civil lawsuit for preliminary and final injunctive relief against this executive order that was brought by three nonprofit refugee resettlement agencies—HIJAS, Inc., Church World Service, Inc. and Lutheran Immigration and Refugee Service [3]—and in the court’s justification for its granting their motion for a preliminary injunction barring enforcement of this executive order while the case proceeds to final judgment.

The court concluded that the well-established principles for preliminary injunction had been established: (1) “the plaintiffs are likely to succeed on the merits;” (2) “they will suffer irreparable harm that is neither remote nor speculative, but actual and imminent if the injunction is not granted;” (3) “the balance of equities favor their position;” and (4) “the relief they seek is in the public interest.” (Memorandum Opinion at 16.) The key issues for the current legitimate public attention to this case are the court’s opinion on the merits and the public interest.

After a careful analysis, the court concluded that the executive order’s “grant of veto power [to state and local governments] over the resettlement of refugees within their borders ”is arbitrary and capricious . . . as well as inherently susceptible to hidden bias” and is “unlawful” based upon “statutory text and structure, purpose, legislative purpose, judicial holdings, executive practice, the existence of a serious constitutional concern over federal preemption, and numerous arbitrary and capricious administrative deficiencies.” (Memorandum Opinion at 17-27.)

The court also concluded that a preliminary injunction against the President’s executive order was in the public interest by “keeping ‘the President from slipping the boundaries of statutory policy and acting based on irrelevant policy preferences,’. . . having governmental agencies abide by federal laws that govern their existence and operations, . . . [and preventing] States and Local Governments [from having] the power to veto where refugees may be resettled –in the face of clear statutory text and structure, purpose, Congressional intent, executive practice, judicial holdings, and Constitutional doctrine to the contrary.” (Memorandum Opinion at 30-31.)

Conclusion

The Federal Government has a right to appeal this decision to the U.S. Court of Appeals for the Fourth Circuit, but has not expressed any intent to do so. In the meantime, officials in the U.S. State Department, state and local governments, the resettlement agencies and refugees themselves are confused about what to do next.

This case arbitrarily was assigned by the District Court’s Clerk to Senior District Judge Peter J. Messitte, who on August 6, 1993, was nominated by President Bill Clinton and on October 18, 1993, confirmed by the U.S. Senate; on September 1, 2008, he assumed senior status. Judge Messitte is a graduate the University of Chicago Law School, where he was a classmate of this blogger. His undergraduate degree is from Amherst College.[4]

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[1] See Latest U.S. Struggle Over Refugees, dwkcommentaries.com (Dec. 11, 2019);   posts to dwkcommentaries.com. relating to refugee resettlement.

[2] Memorandum Opinion, HIJAS, Inc. v. Trump, Civil No. PJM 19-3346 (D. Md. Jan. 15, 2020); Order, Hias, Inc. v. Trump, Civil No. PJM 19-3346 (D. Md. Jan. 15, 2020); Marimow & Sacchetti, Federal judge temporarily halts Trump administration policy allowing local governments to block refugees, Wash. Post (Jan. 15, 2020); Assoc. Press, Judge Halts Trump’s Order Allowing States to Block Refugees, N.Y. Times (Jan. 15, 2020).

[3] The three plaintiff resettlement agencies are members of nine designated “’Resettlement Agencies’ that enter into annual agreements with the Federal Government to provide services to these refugees under the current [U.S.] resettlement program.” (Memorandum Opinion at 1.) The plaintiffs were supported by amici briefs from 12 states, including Minnesota; from the U.S. Conference of Mayors along with 11 mayors and cities, including Minneapolis; and various faith-based organizations with hundreds of affiliates throughout the U.S.  (Id. at 2 (n.2).)

The amici brief for the states asserted the following arguments: (I) The Executive Order Violates the Refugee Act and Interferes with the States’ Sovereign Interests;” (II) “The Refugee Resettlement Consent Process Harms the States’ Refugee Communities;” (III) “The Refugee Resettlement Consent Process Burdens the Staters’ Resources;” (A) Amici States Have Created Highly Effective Refugee Resettlement Systems;” (B) “The Executive Order’s Consent Process Burdens State Refugee Resettlement Programs.” (Brief of the States of California, et al. As Amici Curiae in Support of Plaintiffs’ Motion for Preliminary Injunction, Hias, Inc. v. Trump, Civil No. PJM 19-3346 (D. Md. Dec. 13, 2019).)

[4] Peter Jo Messitte, Wikipedia; U.S. Dist. Ct., Dist, Md, Peter J. Messitte.

 

Pope Francis Reminds Us To Welcome, Protect, Promote and Integrate Refugees and Other Migrants

In 2019, Pope Francis on at least three occasions reminded everyone of the Biblical injunctions to welcome, protect, promote and integrate refugees and migrants. Here are his words on those occasions.

April 30, 2019[1]

The first was on April 30, 2019 when the Pope published his lengthy and moving message for the upcoming 105th World Day of Migrants and Refugees 2019.  Here is what he said.

  • “The most economically advanced societies are witnessing a growing trend towards extreme individualism which, combined with a utilitarian mentality and reinforced by the media, is producing a ‘globalization of indifference.’ In this scenario, migrants, refugees, displaced persons and victims of trafficking have become emblems of exclusion. In addition to the hardships that their condition entails, they are often looked down upon and considered the source of all society’s ills. That attitude is an alarm bell warning of the moral decline we will face if we continue to give ground to the throw-away culture. In fact, if it continues, anyone who does not fall within the accepted norms of physical, mental and social well-being is at risk of marginalization and exclusion.” (Emphasis added.)
  • The “presence of migrants and refugees – and of vulnerable people in general – is an invitation to recover some of those essential dimensions of our Christian existence and our humanity that risk being overlooked in a prosperous society. That is why it is not just about migrants. When we show concern for them, we also show concern for ourselves, for everyone; in taking care of them, we all grow; in listening to them, we also give voice to a part of ourselves that we may keep hidden because it is not well regarded nowadays.” (Emphasis added.)
  • “’Take courage, it is I, do not be afraid!’ (Mt14:27). It is not just about migrants: it is also about our fears. The signs of meanness we see around us heighten ‘our fear of ‘the othe,’ the unknown, the marginalized, the foreigner… We see this today in particular, faced with the arrival of migrants and refugees knocking on our door in search of protection, security and a better future. To some extent, the fear is legitimate, also because the preparation for this encounter is lacking” (Homily in Sacrofano, 15 February 2019). But the problem is not that we have doubts and fears. The problem is when they condition our way of thinking and acting to the point of making us intolerant, closed and perhaps even – without realizing it – racist. In this way, fear deprives us of the desire and the ability to encounter the other, the person different from myself; it deprives me of an opportunity to encounter the Lord.” (Emphases added.)
  • “’For if you love those who love you, what recompense will you have? Do not the tax collectors do the same?’ (Mt5:46). It is not just about migrants: it is about charity. Through works of charity, we demonstrate our faith (cf. Jas 2:18). And the highest form of charity is that shown to those unable to reciprocate and perhaps even to thank us in return. ‘It is also about the face we want to give to our society and about the value of each human life… The progress of our peoples… depends above all on our openness to being touched and moved by those who knock at our door. Their faces shatter and debunk all those false idols that can take over and enslave our lives; idols that promise an illusory and momentary happiness blind to the lives and sufferings of others.’” (Emphasis added.)
  • “’But a Samaritan traveler who came upon him was moved with compassion at the sight’ (Lk10:33). It is not just about migrants: it is about our humanity. Compassion motivated that Samaritan – for the Jews, a foreigner – not to pass by. Compassion is a feeling that cannot be explained on a purely rational level. Compassion strikes the most sensitive chords of our humanity, releasing a vibrant urge to ‘be a neighbor’ to all those whom we see in difficulty. As Jesus himself teaches us (cf. Mt9:35-36; 14:13-14; 15:32-37), being compassionate means recognizing the suffering of the other and taking immediate action to soothe, heal and save. To be compassionate means to make room for that tenderness which today’s society so often asks us to repress. ‘Opening ourselves to others does not lead to impoverishment, but rather enrichment, because it enables us to be more human: to recognize ourselves as participants in a greater collectivity and to understand our life as a gift for others; to see as the goal, not our own interests, but rather the good of humanity.’” (Emphasis added.)
  • “’See that you do not despise one of these little ones, for I say to you that their angels in heaven always look upon the face of my heavenly Father’ (Mt18:10). It is not just about migrants: it is a question of seeing that no one is excluded. Today’s world is increasingly becoming more elitist and cruel towards the excluded. Developing countries continue to be drained of their best natural and human resources for the benefit of a few privileged markets. Wars only affect some regions of the world, yet weapons of war are produced and sold in other regions which are then unwilling to take in the refugees produced by these conflicts. Those who pay the price are always the little ones, the poor, the most vulnerable, who are prevented from sitting at the table and are left with the ‘crumbs’ of the banquet (cf. Lk 16:19-21). ‘The Church which ‘goes forth’… can move forward, boldly take the initiative, go out to others, seek those who have fallen away, stand at the crossroads and welcome the outcast’ (Evangelii Gaudium, 24). A development that excludes makes the rich richer and the poor poorer. A real development, on the other hand, seeks to include all the world’s men and women, to promote their integral growth, and to show concern for coming generations.” (Emphases added.)
  • “’Whoever wishes to be great among you will be your servant; whoever wishes to be first among you will be the slave of all’ (Mk10:43-44).It is not just about migrants: it is about putting the last in first place. Jesus Christ asks us not to yield to the logic of the world, which justifies injustice to others for my own gain or that of my group. ‘Me first, and then the others!’ Instead, the true motto of the Christian is, ‘The last shall be first!’ ‘An individualistic spirit is fertile soil for the growth of that kind of indifference towards our neighbors which leads to viewing them in purely economic terms, to a lack of concern for their humanity, and ultimately to feelings of fear and cynicism. Are these not the attitudes we often adopt towards the poor, the marginalized and the ‘least’ of society? And how many of these ‘least’ do we have in our societies! Among them I think primarily of migrants, with their burden of hardship and suffering, as they seek daily, often in desperation, a place to live in peace and dignity.’ In the logic of the Gospel, the last come first, and we must put ourselves at their service.” (Emphases added.)
  • “’So then you are no longer strangers and sojourners, but you are fellow citizens with the holy ones and members of the household of God’ (Eph2:19). It is not just about migrants: it is about building the city of God and man. In our time, which can also be called the era of migration, many innocent people fall victim to the ‘great deception’ of limitless technological and consumerist development (cf. Laudato Si’, 34). As a result, they undertake a journey towards a ‘paradise’ that inevitably betrays their expectations. Their presence, at times uncomfortable, helps to debunk the myth of a progress that benefits a few while built on the exploitation of many. ‘We ourselves need to see, and then to enable others to see, that migrants and refugees do not only represent a problem to be solved, but are brothers and sisters to be welcomed, respected and loved. They are an occasion that Providence gives us to help build a more just society, a more perfect democracy, a more united country, a more fraternal world and a more open and evangelical Christian community.’” (Emphasis added.)
  • “Dear brothers and sisters, our response to the challenges posed by contemporary migration can be summed up in four verbs: welcome, protect, promote and integrate. Yet these verbs do not apply only to migrants and refugees. They describe the Church’s mission to all those living in the existential peripheries, who need to be welcomed, protected, promoted and integrated. If we put those four verbs into practice, we will help build the city of God and man. We will promote the integral human development of all people. We will also help the world community to come closer to the goals of sustainable development that it has set for itself and that, lacking such an approach, will prove difficult to achieve.” (Emphases added.)
  • “In a word, it is not only the cause of migrants that is at stake; it is not just about them, but about all of us, and about the present and future of the human family. Migrants, especially those who are most vulnerable, help us to read the ‘signs of the times.’ Through them, the Lord is calling us to conversion, to be set free from exclusivity, indifference and the throw-away culture. Through them, the Lord invites us to embrace fully our Christian life and to contribute, each according to his or her proper vocation, to the building up of a world that is more and more in accord with God’s plan.” (Emphasis added.)

September 29, 2019[2]

The second was the Pope’s Homily at Holy Mass on September 29, 2019 (the actual 105th World Day of Migrants and Refugees 2019).

The Pope said, “The Lord upholds the stranger as well as the widow and the orphan among his people. The Psalmist makes explicit mention of those persons who are especially vulnerable, often forgotten and subject to oppression. The Lord has a particular concern for foreigners, widows and orphans, for they are without rights, excluded and marginalized. This is why God tells the Israelites to give them special care.” (Emphasis added.)

“In the Book of Exodus, the Lord warns his people not to mistreat in any way widows and orphans, for he hears their cry (cf. 22:23). Deuteronomy sounds the same warning twice (cf. 24:17; 27:19), and includes strangers among this group requiring protection. The reason for that warning is explained clearly in the same book: the God of Israel is the one who ‘executes justice for the fatherless and the widow, and loves the sojourner, giving him food and clothing’ (10:18). This loving care for the less privileged is presented as a characteristic trait of the God of Israel and is likewise required, as a moral duty, of all those who would belong to his people.” (Emphases added.)

That is why we must pay special attention to the strangers in our midst as well as to widows, orphans and all the outcasts of our time. In the Message for this 105th World Day of Migrants and Refugees, the theme “It is not Just about Migrants” is repeated as a refrain. And rightly so: it is not only about foreigners; it is about all those in existential peripheries who, together with migrants and refugees, are victims of the throwaway culture. The Lord calls us to practice charity towards them. He calls us to restore their humanity, as well as our own, and to leave no one behind.” (Emphases added.)

“Along with the exercise of charity, the Lord also invites us to think about the injustices that cause exclusion – and in particular the privileges of the few, who, in order to preserve their status, act to the detriment of the many. ‘Today’s world is increasingly becoming more elitist and cruel towards the excluded:’ this is a painful truth; our world is daily more and more elitist, more cruel towards the excluded. ‘Developing countries continue to be drained of their best natural and human resources for the benefit of a few privileged markets. Wars only affect some regions of the world, yet weapons of war are produced and sold in other regions which are then unwilling to take in the refugees generated by these conflicts. Those who pay the price are always the little ones, the poor, the most vulnerable, who are prevented from sitting at the table and are left with the ‘crumbs’ of the banquet.’” (Emphases added.)

“It is in this context that the harsh words of the Prophet Amos (6:1.4-7) should be understood. Woe to those who are at ease and seek pleasure in Zion, who do not worry about the ruin of God’s people, even though it is in plain sight. They do not notice the destruction of Israel because they are too busy ensuring that they can still enjoy the good life, delicious food and fine drinks. It is striking how, twenty-eight centuries later, these warnings remain as timely as ever. For today too, the ‘culture of comfort… makes us think only of ourselves, makes us insensitive to the cries of other people… which results in indifference to others; indeed, it even leads to the globalization of indifference.’” (Emphasis added.)

“In the end, we too risk becoming like that rich man in the Gospel who is unconcerned for the poor man Lazarus, ‘covered with sores, who would gladly have eaten his fill of the scraps that fell from the rich man’s table’ (Lk 16:20-21). Too intent on buying elegant clothes and organizing lavish banquets, the rich man in the parable is blind to Lazarus’s suffering. Overly concerned with preserving our own well-being, we too risk being blind to our brothers and sisters in difficulty.” (Emphasis added.)

Yet, as Christians, we cannot be indifferent to the tragedy of old and new forms of poverty, to the bleak isolation, contempt and discrimination experienced by those who do not belong to ‘our’ group. We cannot remain insensitive, our hearts deadened, before the misery of so many innocent people. We must not fail to weep. We must not fail to respond. Let us ask the Lord for the grace of tears, the tears that can convert our hearts before such sins.” (Emphasis added.)

“If we want to be men and women of God, as Saint Paul urges Timothy, we must ‘keep the commandment unstained and free from reproach until the appearing of our Lord Jesus Christ’ (1 Tm 6:14). The commandment is to love God and love our neighbor; the two cannot be separated! Loving our neighbor as ourselves means being firmly committed to building a more just world, in which everyone has access to the goods of the earth, in which all can develop as individuals and as families, and in which fundamental rights and dignity are guaranteed to all.” (Emphasis added.)

Loving our neighbor means feeling compassion for the sufferings of our brothers and sisters, drawing close to them, touching their sores and sharing their stories, and thus manifesting concretely God’s tender love for them. This means being a neighbor to all those who are mistreated and abandoned on the streets of our world, soothing their wounds and bringing them to the nearest shelter, where their needs can be met.” (Emphasis added.)

“God gave this holy commandment to his people and sealed it with the blood of his Son Jesus, to be a source of blessing for all mankind. So that all together we can work to build the human family according to his original plan, revealed in Jesus Christ: all are brothers and sisters, all are sons and daughters of the same Father.”

“Today we also need a mother. So we entrust to the maternal love of Mary, Our Lady of the Way, of so many painful journeys, all migrants and refugees, together with those who live on the peripheries of our world and those who have chosen to share their journey.” (Emphasis added.)

December 25, 2019[3]

On December 25, the Pope delivered his annual Christmas Day “Urbi et Orbi” (To the City and to the World) message to the assembled faithful, pilgrims and others in St. Peter’s Square at the Vatican.

The Pope prayed,  “May the Son of God, come down to earth from heaven, protect and sustain all those who, due to these and other injustices, are forced to emigrate in the hope of a secure life.  It is injustice that makes them cross deserts and seas that become cemeteries.  It is injustice that forces them to endure unspeakable forms of abuse, enslavement of every kind and torture in inhumane detention camps.  It is injustice that turns them away from places where they might have hope for a dignified life, but instead find themselves before walls of indifference.” (Emphasis added.)

The Prayer concluded with these words, “May Emmanuel bring light to all the suffering members of our human family.  May he soften our often stony and self-centered hearts, and make them channels of his love.  May he bring his smile, through our poor faces, to all the children of the world: to those who are abandoned and those who suffer violence.”

“Through our frail hands,” the Pope concluded, “may He clothe those who have nothing to wear, give bread to the hungry and heal the sick.  Through our friendship, such as it is, may He draw close to the elderly and the lonely, to migrants and the marginalized. On this joyful Christmas Day, may He bring his tenderness to all and brighten the darkness of this world.”

Conclusion

Thank you, Pope Francis, for eloquently and persistently reminding everyone of why we should welcome, protect, promote and integrate refugees and other immigrants.

Other Christian leaders have issued similar statements supporting refugees and migrants.[4] Leaders of other religious traditions, especially Judaism and Islam, are invited to add their voices in comments to this blog post.

All of these theological words also are relevant to the ongoing debate in the U.S. about whether state and local governments should consent to refugee resettlement, as discussed in previous blog posts,[5] and should be used to encourage the remaining 16 U.S. states to join the 34 other states that already have so consented.

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[1] Message of His Holiness Pope Francis for the 105th World Day of Migrants and Refugees 2019, Holy See (April 30, 2019).  Pope Francis since at least 2013 annually has composed messages for the annual World Day of Migrants and Refugees. (E.g., Message of His Holiness Pope Francis for the 104th World Day of Migrants and Refugees 2018, Holy See (Aug. 15, 2017).

[2] Homily of Pope Francis, Holy Mass on the Occasion of World Day of Migrants and Refugees, Holy See (Sept. 29, 2019).

[3]  Pope Francis, “Urbi et Orbi” Message of His Holiness Pope Francis, Holy See (Dec. 25, 2019); Pope at ‘Urbi et Orbi’ prays for the suffering children of the world, Vatican News (Dec. 25, 2019); Momigliano & Povoledo, Pope Francis, in Christmas Speech, Urges Nations to Tend to Refugees, N.Y. Times (Dec. 25, 2019);  Reuters, Pope Defends Migrants, Calls for Peace in Christmas Message, N.Y. Times (Dec. 25, 2019); Assoc. Press, Pope Offers Hope Against Darkness in Christmas Day Message, N.Y. Times (Dec. 25, 2019).

[4] E.g., PCUSA, Reflection and Prayer for World Refugee Day; Refugee Outreach, Church of Jesus Christ of Latter-Day Saints; World Relief and the Evangelical Immigration Table Urge Governors in 15 States to Accept Refugees (Dec. 11, 2019); An open letter regarding refugee resettlement from Minnesota’s Catholic and Lutheran bishops (Dec. 27, 2019).

[5] See these posts to dwkcommentaries.com: U.S. Sets 18,000 Quota for New Refugee Admissions to U.S. for Fiscal 2020 (Nov. 4, 2019; U.S. Senators Oppose U.S.Reduction in Refugee Admissions for Fiscal 2020 (Nov. 11, 2019);Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Updates on States’ Consents to Refugee Resettlement (Dec. 16, 2019); Tennessee Consents to Refugees Resettlement (Dec. 20, 2019); Another Update on States’ Consents to Refugees Resettlement (Dec. 30, 2019);  U.S. State and Local Governments’ Justifications for Consenting to Resettlement of Refugees (Dec. 31, 2019).

 

Another Update on States’ Consents to Refugees Resettlement 

President Trump on September 24, 2019, issued Executive Order 13888, entitled “Enhancing State and Local Involvement in Refugee Resettlement” that required state and local governments to submit to the Department of State written consents for resettlement of refugees as a precondition for such resettlements.[1]

The deadline for providing those consents, however, has been confusing in the primary and secondary sources. But it now appears that the key date is January 21, 2020, which is the deadline for local refugee resettlement agencies to submit applications for funding of those efforts by the State Department’s Bureau of Population Refugees and Migrations (PRM) and that such funding applicants must submit to PRM such “consent letters from state and local officials on a rolling basis both before and after submission of their proposals.”  (Emphasis added.)  Thus, there is no explicit deadline for submitting the consents.[2]

List of Consenting State & Local Governments

PRM now is publishing on its website a list of state and local governments that have submitted letters of consent, copies of most of which are hyperlinked to the list.[3] However, there is no “as of” date for the PRM’s list which will be updated from time to time. In any event, here is the latest PRM list consolidated with lists from other sources identifying 34 states (15 Republican governors and 19 Democrat Governors)  that have consented.[4]

State PRM Other

Sources

Local

Entities

PRM Other

Sources

Arizona (Rep. Gov.)   X    X Phoenix (City), Tucson (City)

Maricopa (County), Pima (County)

   X
Arkansas (Rep. Gov.)    X
Colorado (Dem. Gov.)   X
Connecticut (Dem. Gov.)   X    X New Haven (City)   X
Delaware (Dem. Gov.)   X    X
Illinois (Dem. Gov.)   X    X DuPage County, Chicago (City)   X     X
Indiana (Rep. Gov.)    X
Iowa (Rep. Gov.)   X
Kansas (Dem. Gov.)   X     X
Louisiana (Dem. Gov.)     X
Maine (Dem. Gov.)   X
Massachusetts (Rep. Gov.)   X     X Easthampton (City)   X
Holyoke (City)   X
Northampton (City)   X
Salem (City)   X
West Springfield (City)   X
Michigan (Dem. Gov.)   X     X
Minnesota (Dem. Gov.)   X     X Minneapolis (City)    X
Montana (Dem. Gov.)   X     X
Nebraska (Rep. Gov.)     X
New Hampshire (Rep. Gov.)   X
New Jersey (Dem. Gov.)   X    X
New Mexico (Dem. Gov.)   X    X
North Carolina (Dem. Gov.)   X    X Durham County    X
North Dakota (Rep. Gov.)   X     X Burleigh County    X
Ohio (Rep. Gov.)     X
Oklahoma (Rep. Gov.)
Oregon (Dem. Giov.)   X    X
Pennsylvania (Dem. Gov.)   X     X
Rhode Island (Dem. Gov.)   X
South Dakota (Rep. Gov.)    X
Tennessee (Rep. Gov.)    X
Texas (Rep. Gov.)   X[i] Bexar County   X
Utah (Rep. Gov.)   X    X
Vermont (Rep. Gov.)    X
Virginia (Dem. Gov.)   X    X Alexandria (City)   X
Richmond (City)   X
Roanoke (City)   X
Washington (Dem. Gov.)   X    X
West Virginia (Rep. Gov.)    X
Wisconsin (Dem. Gov.)    X

Finally no state so far has affirmatively rejected such resettlements although there is no requirement to do so. Rejection is implicit if there is no affirmative consent.

Conclusion

Many of the current letters of consent contain inspiring words about welcoming refugees that will be discussed in a subsequent post while another post will cover religious justifications for welcoming refugees.

Now we wait to learn what the other 16 states (11 Republican (Alabama, Alaska, Florida, Georgia, Idaho, Maryland, Mississippi, Missouri, South Carolina, Texas and Wyoming) and 5 Democrat (California, Hawaii, Kentucky, Nevada and New York ) will do.

It should be noted, however, that the official website of New York’s Democrat Governor Andrew Cuomo on September 17, issued a statement criticizing the Trump Administration’s new lower cap on refugee admissions and saying, “We believe that our diversity is our greatest strength, and we are proud to be home to refugees across the state who are breathing new life into their communities as members of the family of New York. While President Trump undermines the values that built this state and this nation, New York will always welcome immigrants and refugees with open arms.”[6]

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[1]  See these posts to dwkcommentaries.com: U.S. Sets 18,000 Quota for New Refugee Admissions to U.S. for Fiscal 2020 (Nov. 4, 2019; U.S. Senators Oppose U.S.Reduction in Refugee Admissions for Fiscal 2020 (Nov. 11, 2019);Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Updates on States’ Consents to Refugee Resettlement (Dec. 16, 2019);   https://dwkcommentaries.com/2019/12/16/update-on-states-consents-to-refugee-resettlement/  Tennessee Consents to Refugees Resettlement (Dec. 20, 2019).

[2] State Dep’t, Bureau of Population, Refugees, and Migration (PRM), FY 2020 Notice of Funding Opportunity for Reception and Placement Program, Funding Opportunity Number: SFOP0006252 (Nov. 6, 2019) FY2020 R&P FINAL NOFO.

[3]  State Dep’t, State and Local Consents Under Executive Order 13888.

[4] See prior posts listed in footnote 1. See also Assoc. Press, Oklahoma governor give consent for refugee resettlement, koco.com (Dec. 22, 2019); Assoc. Press, GOP Governors Grapple With Whether to Accept Refugees or Not, N.Y. Times (Dec. 23, 2019); Assoc. Press, 15 GOP Govs Request Refugee Resettlement in Their States, NEWSMAX (Dec. 26, 2019); CBSChicago, Mayor Lightfoot Issues Letter To U.S. State Department Authorizing Refugee Resettlement in Chicago (Dec. 24, 2019); Assoc. Press, John Bel Edwards to Trump: Louisiana will keep taking refugees, Advocate (Dec. 23, 2019); Carson, Evers says Wisconsin is open to refugee resettlement in response to presidential order requiring states, counties to consent, Milwaukee Sentinel (Dec. 18, 2019); Stoddard, Gov. Pete Ricketts says he’ll consent to refugees continuing to resettle in Nebraska, Omaha-World Herald (Dec. 19, 2019).

[5] It appears that Texas is on the PRM list only because Bexar County has submitted a consent. On December 26, 2019, a Texas newspaper reported that Texas Governor Greg Abbott has not submitted such a consent letter and that his spokesman “did not return multiple calls, texts, and emails seeking comment.” On the other hand, “Mayors and county leaders of all Texas’ biggest cities —including Houston, San Antonio, Dallas and Austin — sent letters opting in,” but those consents are effective only if the state consents.  (Kriel, Trump give states power to admit refugees. As other GOP governors sign on, Abbott is silent, Houston Chronicle (Dec. 26, 2019).)

[6]  Statement from Governor Andrew M. Cuomo on the Trump Administration’s New Refugee Cap (Sept. 17, 2019).

 

 

 

 

Slower Growth Predicted for Minnesota Population in the 2020s

Minnesota state demographers predict that the state’s population will grow 6.6% in the 2020s from today’s 5.6 million to 5.9 million at the end of the decade. That is less than the 7.2% growth in the 2010s. Moreover, only the seven-county metro area will experience population growth while the state’s other 80 counties will have population declines; this pattern also is expected to continue into the 2030s and 2040s.[1]

This development will squeeze the state’s economy, especially as “the last baby boomers retire in this decade” and as the state’s labor force “will essentially stop growing in the first five years” of the upcoming decade. These effects already are being felt in Minnesota. “Job vacancies have outnumbered the unemployed in Minnesota for two years. Businesses, governments and ordinary people find it’s harder to get things done. Hiring is especially challenging at restaurants, factories, schools and hospitals. Things aren’t delivered on time.”

These developments are especially difficult for small towns in the state. One example is Clarks Grove, a town on Interstate 35 in the southern part of the state. Its population in 2010 was 706, down from 734 10 years earlier. Its school closed in the mid-1980s; its co-op dairy creamery, in 1996; its fire station was destroyed by a tornado in 2017 and a new one reopened in February 2019 after a struggle over insurance coverage, high replacement cost and draining the town’s rainy-day fund.

Another strategy to confront these demographic trends was adopted by Minneapolis’ Augsburg University. It realized that “the fastest-growing group of prospective college students was in immigrant communities around the Twin Cities. They began chasing them. . . . This fall, 65% of its first-year students were persons of color. Undergraduate enrollment was 2,153, up 11% from fall 2014.” This was helped by adding “some new majors, such as music business and graphic design, and sports, such as women’s lacrosse and women’s wrestling.”

Conclusion

These demographic facts are not unique to Minnesota. As the StarTribune article points out, “U.S. population is expected to grow 6.6% in the 2020s, a slide from 7.5% growth this decade” and “urban and rural areas across the country will divide further in the deceleration.”

This broader point was made in the Wall Street Journal. While very pleased with the continued strength of the U.S. economy and labor market, the Journal points out that “this bright cyclical picture for the labor market is on a collision course with a dimming demographic outlook. While jobs are growing faster than expected, population is growing more slowly. In July of last year, the U.S. population stood at 327 million, 2.1 million fewer than the Census Bureau predicted in 2014 and 7.8 million fewer than it predicted in 2008. (Figures for 2019 will be released at the end of the month.)”[2]

The slow growth of U.S. population is due to several factors, said the Journal. First, the “U.S. fertility rate—the number of children each woman can be expected to have over her lifetime—has dropped from 2.1 in 2007 to 1.7 in 2018, the lowest on record. From 2010 through 2018, there were 3 million fewer births than the Census Bureau had projected in 2008.” Second, “[d]eath rates, already rising because the population is older, have been pressured further by “deaths of despair”—suicide, drug overdoses and alcohol-related illness.” This is 171,000 more deaths than the mentioned Census Bureau projection. Third, U.S. immigration “has been trending flat to lower” and is subject to anti-immigration policies of the Trump Administration.

As has been argued in other posts in this blog, this demographic reality should cause U.S. citizens and government leaders to recognize that the U.S. needs more, not less, immigration.[3] This issue is especially timely in light of the Trump Administration’s recent reduction of the U.S. quota for refugee admissions to 18,000 for Fiscal 2020 and the imposition of a new requirement for state and local governments to provide written consents to resettlement of refugees, as has been discussed in other posts[4] as well as others to come in the near future.

Addition: On December 30, the U.S. Census Bureau issued its official population estimates for 2019 showing, as expected, a slowdown in overall growth of population and reduced population in 10 states: New York, Illinois, West Virginia, Louisiana, Connecticut, Mississippi, Hawaii, New Jersey, Alaska and Vermont.

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[1] Ramstad, Life in the 2020s: Slower growth will be the new normal in Minnesota, StarTribune (Dec. 29, 2019).

[2] Ip, The Demographic Threat to America’s Job Boom, W.S.J. (Dec. 18, 2019).

[3] See these posts in dwkcommentaries.com: Outstate Minnesota Newspaper Stresses Need for Immigrants (July 27, 2018); State of Minnesota Faces Increasing Shortage of Workers (Dec. 13, 2018); Rural Minnesota Endeavoring To Attract Younger People, dwkcommentaries.com (Sept. 2, 2019); Minnesota Facing Slowdown in Labor Force Growth, dwkcommentaries.com (September 3, 2019); Minnesota’s Challenges of Declining, Aging Population, dwkcommentaries.com (Oct. 2, 2019).

[4]  See the following posts to dwkcommentaries.com: U.S. Sets 18,000 Quota for New Refugee Admissions to U.S. for Fiscal 2020 (Nov. 4, 2019); U.S. Senators Oppose U.S. Reduction in Refugee Admissions for Fiscal 2020 (Nov. 11, 2019); Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Update on States’ Consents to Refugees Resettlement (Dec. 16,2019); Tennessee Consents to Refugees Resettlement (Dec. 20, 2019). See also Global Refugee Forum, dwkcommentaries.com (Dec. 28, 2019).

 

Global Refugee Forum   

On December 16-18, 2019, in Geneva, Switzerland, the U.N. High Commissioner for Refugees hosted the Global Refugee Forum to foster support for the more than 25 million refugees in the world today. It was attended by 3,000 representatives of “governments, international financial organizations” and “business leaders, humanitarian and development actors, refugees, and civil society representatives.” And it “secured wide-ranging and substantial commitments of support for refugees and the communities they live in.”[1]

The Global Refugee Forum website has an analysis of the 774 pledges to date. One was a pledge from  the World Bank Group for “up to US$2.2 billion . . . to be available for a dedicated funding window for refugee and host communities in low income countries over the next three years. In addition, countries affected by fragility, conflict and violence, including also low income refugee hosting countries, are expected to receive a new US$2.5 billion World Bank Group funding window. It will boost the private sector and create jobs, including for both refugees and host communities.”

Another pledge of $250 million came from major companies, including Ikea, Lego and Vodafone, to help refugees get access to education and employment and thereby become more self-sufficient.[2]

This effort has been aided by actors Cate Blanchett and Ben Stiller, who appeared in a social media campaign that highlighted stories of successful refugees including a model, a trainee pilot and an Olympic swimmer.

At the conclusion of the Forum, the U.N. High Commissioner for Refugees, Flippo Grand, told the participants, ““I want to salute the efforts pledged by many countries — both donors and by host countries — and by business leaders, civil society and refugees themselves, to redouble efforts in support of refugee inclusion, self-reliance and solutions. The energy and commitment that has resonated over the last three days is a testimony that despite a difficult global environment, there is a shared commitment to protecting those fleeing in search of refuge.”

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[1] UNHCR, Global Refugee Forum pledges collective action for better refugee inclusion, education, jobs (Dec. 18, 2019; UNHCR, Historic forum yields pledges of jobs, education for refugees (Dec. 18, 2019).

[2] Cozens, Major companies pledge jobs, education for refugees, Reuters (Dec. 16, 2019).

Update on States’ Consents to Refugee Resettlement

President Trump on September 28 issued an executive order requiring state and local governments to provide written consents to refugee resettlements for Fiscal 2020. Thereafter, as previously noted in this blog, at least three states—Utah, North Dakota and Minnesota– provided such  consents with at least three North Dakota counties, one Minnesota county and the City of Minneapolis doing the same.[1]

Here are some updates on this subject while we await until the January 31, 2020, deadline for consenting to see what other states and localities do in response to this challenge.

Evangelical Support for Refugee Resettlement[2]

In the meantime, we have learned that two evangelical nonprofit supporters of U.S. immigration—World Relief and the Evangelical Immigration Table—have been urging U.S. States to consent to resettlement of refugees in Fiscal 2020 (October 1, 2019—September 30, 2020).  This effort is directed at the governors of the following 15 states: Arizona, California, Florida, Georgia, Illinois, Indiana, Iowa, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Washington and Wisconsin.

The World Relief president, Scott Arbeiter, said, “After being forced to leave their countries to escape war, persecution or natural disaster and being legally allowed entry to the U.S., the last thing refugees should have to experience is being denied access to communities in which they wish to dwell. Halting the resettlement of refugees to states will disrupt families and could lead to the end of vital ministries by local churches.”

Consents by Arizona State and Local Governments[3]

On December 6, the Republican Governor of Arizona, Doug Ducey, sent a letter of consent to Secretary of State Michael Pompeo. The letter stated, in part, “Throughout our nation’s history, the United States has been a refuge for individuals fleeing religious and political persecution in their homeland, and Arizona has historically been one of the most welcoming states in terms of the number of refugees resettled here.”

This action was applauded by Arizona’s State House Speaker Rusty Bowers: “Our state is one that offers opportunity for all. We welcome people from all backgrounds, religions, and cultures to come here and share in that special spirit. I applaud Governor Ducey for affirming that Arizona will continue to welcome religious and politically-persecuted refugees who have been vetted through the State Department’s Reception and Placement Program.” Similar messages came from Stanford Prescott, Arizona’s community engagement coordinator of the International Rescue Committee, and from Arizona’s Surge Network of evangelical churches.

On December 11, Phoenix Mayor Kate Gallego added her city’s consent, telling Secretary Pompeo, “”The refugee resettlement program has a long and important history” in Phoenix; “these individuals have made invaluable contributions to our community and economy, opening businesses, creating community, and bringing greater diversity to the nation’s fifth largest city.” The same day this city’s county (Maricopa) did likewise. Previously other local Arizona authorities had provided their consents–Pima County and Tucson.

Other States Providing Consents[4]

The consent column also has been joined by the states of  Kansas, Pennsylvania, Virginia and Washington with Democratic governors and New Hampshire with a Republican governor.

Texas’ Republican Governor  Greg Abbott has not yet offered his decision on this issue, despite pleas from Texas evangelicals and the mayor of Fort Worth to continue accepting refugees.

Conclusion

Now there are at least nine states that have provided written consents to the resettlement of refugees for Fiscal 2020, while so far no state has declined to consent. This blog approves of these actions.

Rather surprisingly there is no readily identifiable website with an ongoing national tally of those categories. (If any reader knows of such a website, please identify it in a comment to this post.) There also is some confusion from the various articles about the deadline for submission of such consents to the Department of State and the period of time to be covered by such consents. (Comments with clarification on these issues are also welcome.)

All of this activity and confusion about the U.S. new lower quota for refugee admissions and the new requirement for state and local governments’ consenting to such resettlements are causing great uncertainties and challenges for the refugee resettlement agencies throughout the U.S.

One of those in Minnesota (International Institute of Minnesota) this year is celebrating its centennial of helping refugees and other immigrants with English classes, job training and other supports. One of its celebratory events last week was hosting a ceremony for the naturalization of new U.S. citizens. Welcoming them was U.S. Bankruptcy Judge Robert Kressel, who said, “Becoming an American does not mean renouncing your love for the land where you were born or forgetting your native language and the songs and dances you learned as a child. As a U.S. citizen, you are free to follow your own path wherever it takes you.”[5]

All of this is happening while the U.N. is calling for all nations to increase their acceptance of the escalating numbers of forcibly displaced people, now over 70.8 million, 25.9 million of whom are refugees.[6]

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[1]  See these posts to dwkcommentaries.com: U.S. Sets 18,000 Quota for New Refugee Admissions to U.S. for Fiscal 2020 (Nov. 4, 2019; U.S. Senators Oppose U.S.Reduction in Refugee Admissions for Fiscal 2020 (Nov. 11, 2019);Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019).

[2] Smith & Jordan, Trump Said Local Officials Could Block Refugees. So Far, they Haven’t, N.Y. Times (Dec. 9, 2019); World Relief, Press Release: World Relief and the Evangelical Immigration Table Urge Governors in 15 States To Accept Refugees (Dec. 11, 2019).

[3] See n.2 supra; Gonzalez, Arizona will continue to resettle refugees, Gov. Doug Ducey tells Trump administration, azcentral (Dec. 6, 2019); Gonzalez, Phoenix, Maricopa County tell Trump administration they will keep accepting refugees, azcentral (Dec. 11, 2019); Resnik, Arizona leaders tell Trump they will welcome refugees. That doesn’t mean we’ll see more of them, 12News (Dec. 15, 2019).

[4] Macchi, More US States Welcome Refugees Under New Trump Rule, Voice of America (Dec. 6, 2019).

[5]  Rao, Refugee Center’s Future in Flux at 100, StarTribune (Dec. 16, 2019).

[6] UNHCR, International community must do ‘far more’ to shoulder responsibility for refugees, says UN chief (Dec. 17, 2019); UNHCR, Global Refugee Forum (Dec. 17-18, 2019); Assoc. Press, UN Urges ‘Reboot of Refugee Response as Millions Uprooted, N,Y. Times (Dec. 17, 2019).