Will Upcoming U.S. Presidential Election Be Legitimate? 

Any country that claims to be a democracy in the midst of the Covid-19 pandemic should be taking steps to encourage maximum voter participation while protecting voters from risking their health. Such steps would include facilitating voter registration and maximizing the use of voting by mail. That seems self-evident. Yet it is not happening throughout the U.S., and, as is usual in our complex federal system, the rules governing this November’s U.S. election are complicated.[1]

Introduction

While every presidential election year brings an increase in voting rights litigation, the current pandemic has multiplied the number of lawsuits filed in the past 3½ months. Democrats and voting rights advocates are pursuing cases to make it easier to vote by mail, filing more than 60 lawsuits in 25 states.

These lawsuits “are now poised to shape the details of how roughly 130 million registered voters are able to cast ballots in upcoming contests.” However, “conflicting court decisions could exacerbate the differences in voters’ experiences at the ballot box in November. And as the fights play out, the uncertainty is further complicating election officials’ ability to prepare for the vote.”

The American Civil Liberties Union’s Dale Ho, who supervises its voting litigation, says, “I think it’s clear we have a potential disaster on our hands on Election Day if we can’t process as many votes as possible beforehand. The alarm bells are going off. It’s not just some sort of hypothetical as a problem — we’ve seen it as a problem multiple times. It will repeat in November. The question is how much and in how many places and how badly.”

A Democratic elections attorney, Marc Elias, agrees. “When the political branches fail to protect voting rights, it is left to the courts to do that. If the political branches were functioning the way they’re supposed to, you would have Republicans and Democrats agreeing to increase access to absentee voting. You’d be putting in place safeguards to make sure every eligible voter who casts a ballot has that ballot counted. . . . Unfortunately, the Republican Party is taking its cues from Donald Trump.”

Common Cause’s director of voting and elections, Sylvia Albert, said decisions about how to handle voting during a pandemic are not easy but “have to be made.” She added,“There is no waiting it out,” noting that as more time passes, the shorter the window for educating voters about any changes becomes. “As a state legislator, as a secretary of state, as a governor, you are responsible for ensuring that voters can access the ballot. By not moving ahead, they’re really abdicating their responsibility to the voters.”

President Trump’s Opposition to Mail Voting

The principal cause of the problem of this election is President Trump, who has made it clear that he is determined to curtail access to mail ballots, claiming without evidence that their use leads to widespread fraud. “My biggest risk is that we don’t win lawsuits,” the president said in June in an interview with Politico. “We have many lawsuits going all over. And if we don’t win those lawsuits . . . I think it puts the election at risk.” As a result, the GOP is pushing to limit the expansion of voting by mail, backed by a $20 million Republican National Committee effort and help from conservative groups.

However, there is no evidence that mail voting leads to the kind of massive fraud Trump has described. A recent analysis by The Washington Post found that cases of potential fraud have been exceedingly rare in states that conduct voting exclusively by mail.

Nevertheless, with “Republican governors under pressure from President Trump not to expand voting by mail and many legislatures adjourned for the year or deadlocked along party lines, changes in the coming months are likely to come through court decisions.” As a result, this blogger fears that the Trump Administration will do anything and everything to try to steal this year’s presidential election.

Fortunately former Republican Governor of Massachusetts, Bill Weld, has come out against Trump on this (and other) issues. He says,“absentee voting has been around since the Civil War and . . ., increasingly, states both red and blue are not just allowing but also encouraging citizens to vote by mail.”[2]

Indeed, Weld says, “Public support for voting-by-mail was in place long before the novel coronavirus came along. In the past week, Colorado and Utah conducted successful, smooth primary elections almost entirely by mail, with strong turnouts and no need for voters to stand in unhealthy lines. For a highly contested June 23 primary, Kentucky’s Democratic governor and Republican secretary of state worked together to make absentee voting less cumbersome. It worked, and turnout was at near-record levels. . . . The only problems Kentucky encountered resulted from the covid-19-driven consolidation of in-person, Election Day polling places.”

Weld also notes that public opinion polls show nearly 80 percent of voters support giving all voters the option of voting in person or voting absentee. That includes a majority of Republicans — the president’s paranoia notwithstanding.”[3]

Therefore, Weld concludes, “To my fellow Republicans, I plead with you to not follow Trump off this cliff. A political party that brands itself as the party of exclusion, disregard for citizens’ safety and thinly veiled vote suppression is not a party with a future.”

 State Developments on Mail Voting

Here is an attempted analysis of where at least some of the states stand on rules for the November 3, 2020 election.

Alabama. Because of the virus, Alabama officials are allowing any registered voter to cast an absentee ballot in the upcoming election without having to cite a valid reason. In  a lawsuit filed by civil rights groups citing coronavirus dangers, Birmingham-based U.S. District Court Judge Abdul Kallon on June 15 struke down a requirement for absentee voters to submit a copy of a photo ID and to have their ballots signed off by two witnesses or a notary public as well as lifting a statewide ban on curbside voting at polling places. The judge said he would permit willing counties to allow drive-up voting, but he stopped short of requiring such an accommodation. This order was upheld by the 11th Circuit Court of Appeals, but on July 2, the U.S. Supreme Court, 5-4,  reversed that order for the July 14 primary runoff election for the U.S. Senate between Jeff Sesssions and Tommy Tuberville.[4]

California, Nebraska (counties < 10,000) and North Dakota provide counties the option to conduct all voting by mail. In addition, California Gov. Gavin Newsom (Dem.) ordered election officials to proactively send absentee ballots to all active registered voters in the state for the general election. This move drew fierce opposition from the right, including a lawsuit from the Republican National Committee, but the change subsequently was authorized by a new state law.[5]

Colorado, Hawaii, Oregon, Utah and Washington authorize all voting by mail. “For these elections, all registered voters receive a ballot in the mail. The voter marks the ballot, puts it in a secrecy envelope or sleeve and then into a separate mailing envelope, signs an affidavit on the exterior of the mailing envelope, and returns the package via mail or by dropping it off.”[6]

District of Columbia. It will send absentee ballots to all registered voters.

Georgia. The GOP Secretary of State mailed absentee ballot request forms to voters for the June 9 primaries. The Republican House Speaker, however, warned that expanded absentee voting could lead to fraud, and a state House committee approved a measure that would bar the mailing of absentee request forms for the fall, but the bill failed to pass before the legislature adjourned. The Georgia Secretary of State, however, already had said his office lacked funds to send ballot request applications for the general election, even though,

“By a wide margin, voters on both sides of the political spectrum agree that sending absentee applications to all active voters was the safest and best thing our office could do to protect our voters at the peak of COVID-19.”

Illinois and Michigan. This year these states will mail absentee ballot applications to all registered voters.

Iowa. Gov. Kim Reynolds (Rep.) signed a bill into law that will require the secretary of state to seek legislative approval to send absentee ballot request forms to voters before November. This was seen as a rebuke to Iowa’s Republican Secretary of State, who mailed the forms to voters for the primary last month, resulting in a new turnout record for a June primary in the state.

Massachusetts. For the rest of this year this commonwealth has chosen to abandon its requirement for an excuse for an absentee ballot.

Missouri. As a result of an ACLU lawsuit, the Missouri Legislature adopted a statute expanding voting by mail during the pandemic, while retaining the statutory requirement for a notarization of the ballot with the legitimacy of that requirement still being litigated under a ruling by the Missouri Supreme Court.[7]

Pennsylvania. The Trump campaign recently sued to stop voters from using drop boxes to return completed absentee ballots and block ballots from being counted if they do not arrive inside the provided secrecy envelope. The Complaint alleged that mail voting “provides fraudsters an easy opportunity to engage in ballot harvesting, manipulate or destroy ballots, manufacture duplicitous votes, and sow chaos.” The Democratic Party obviously is opposing this lawsuit

Tennessee. Last month a Nashville judge ruled that any eligible voter who is concerned about contracting covid-19 at a polling place may cast an absentee ballot this fall, even though state law would typically require that voter to qualify using an excuse. The state Supreme Court declined last week to stay that decision after a request from Republican Secretary of State Tre Hargett.

Texas. The Texas Democratic Party and several voters sued in federal court to allow all eligible Texas voters to vote by mail, at least during the coronavirus pandemic, on the ground that the state’s over-65 age limitation for such voting allegedly was unconstitutional, which contention was upheld by a trial court’s injunction, but reversed by the appellate court with the U.S. Supreme Court on June 26th rejecting an emergency appeal by the plaintiffs and remanding the case to the appellate court. (Justice Sotomayor urged the appellate court to consider the case “well in advance of the November election”).[8]

Wisconsin. On June 29, the U.S. Court of Appeals for the 7th Circuit ruled that after more than three years, Wisconsin must reinstate several Republican-backed voting restrictions, including limits on early voting. The original GOP policies were struck down in 2016 for discriminating against minority voters, a conclusion the appellate panel rejected this week.[9]

Guarding Legitimacy of this Year’s Presidential Election

Great concern over the integrity of this presidential election has been expressed by William A. Galston, the Ezra K. Zilkha Chair in the Brookings Institution’s Governance Studies Program, a former policy advisor to President Clinton and a Wall Street Journal columnist.  He said, “After a quarter-century of toxic division, our democracy is imperiled. A contested election could tip the U.S. into a devastating crisis of legitimacy, a prospect that every patriot must regard with dismay.”[10]

Therefore, Galston suggested four ways to minimize the risks in this upcoming election.

First, “To reduce pressure on the mail-in option, localities must provide the fullest possible opportunity to vote in person, as New York University law professor Richard A. Pildes has argued. This means increasing the number of polling places while expanding opportunities for early voting. Many elderly poll workers will be reluctant to do the job this year; large numbers of younger Americans should be recruited and trained to replace them. Schools should continue to serve as polling places, as they have for decades, and Election Day should be a school holiday.”

Second, “states should do what they can to facilitate the fastest possible count of mail-in ballots. Mr. Pildes recommends processing the mail-in ballots that arrive before Election Day so that they can be tallied in time for the results to be included in the count soon after the polls close, a procedure that California now employs. Other states—including Michigan, North Carolina and Pennsylvania—would have to change their laws to permit this, and they should.”

Third, “As Nathaniel Persily, a co-director of the Stanford-MIT Healthy Elections Project points out, the media have a crucial role to play as well. Reporters should educate themselves and the public about the all but certain delay in the vote count that the flood of mail-in ballots will entail. Above all, media organizations should resist the urge to call the election ahead of their competitors and instead wait until enough ballots have been tallied to know the result with confidence. In the past, ill-judged early calls of key states have sown confusion. This year, the consequences could be far worse.”

Fourth, “America’s elder statesmen must do all they can to ensure election integrity. Former Presidents Bill Clinton and George W. Bush should spearhead the formation of a bipartisan committee including respected figures such as former Senate Majority Leaders Tom Daschle and Trent Lott, former Secretaries of State Madeleine Albright and Condoleezza Rice, and former Secretaries of Defense Leon Panetta and Robert Gates, along with lawyers and election experts from both parties who have served in previous presidential campaigns. Committee staff should be ready to investigate charges of fraud as soon as they arise and observe the counting of mail-in ballots if asked. Committee leaders should announce their findings as quickly as accuracy permits and stand united in their defense.”

Such a committee’s “most important tasks would be meetings soon after Labor Day with Senate Majority Leader Mitch McConnell and House Speaker Nancy Pelosi. These leaders should be asked for a public pledge to stand together against unsubstantiated claims that the election has been stolen and to do their utmost to persuade elected officials in their respective parties to stand with them.”

Conclusion

In addition to all of the above litigation, the Supreme Court still has to resolve two cases about so-called “faithless” electors in the Electoral College that actually elects the President. Presumably decisions in those two cases will come down this coming week and will be discussed in a future post.[11]

Another future post will examine ways to create stronger voting rights from Richard L. Hasen, Professor of law and political science at the University of California, Irvine and the author of “Election Meltdown: Dirty Tricks, Distrust and the Threat to American Democracy.”

Comments to this post for corrections and supplementation for new developments are earnestly solicited.

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[1] See generally Viebeck, Voting rules changed quickly for the primaries. But the battle over how Americans will cast ballots in the fall is just heating up, Wash. Post (July 3, 2020).

[2] Weld, Please, Republicans don’t join Trump’s crusade against voting-by-mail, Wash. Post (July 3, 2020). See also Strauss, ‘We’ve got to do something’: Republican rebels come together to take on Trump, Guardian (July 2, 2020).

[3] See also Brennan Center for Justice, Americans of All Stripes Want a Mail Ballot Option.

[4] Liptak, Splitting 5-4, Supreme Court Grants Alabama’s Request to Restore Voting Restrictions, N.Y. Times (July 2, 2020); Gerstein, Supreme Court blocks judge’s order loosening Alabama voting requirements due to virus, Politico (July 2, 2020).

[5] National Conf. State Legislatures, All-Mail Elections (aka Vote-By-Mail).

[6] Ibid.

[7] ACLU, Press Release: Court Rules Lawsuit To Allow All Missourians to Vote By Mail Without a Notary During Covid-19 Can Proceed (June 23, 2020).

[8] Liptak, Supreme Court Turns down Request to Allow All Texans to Vote by Mail, N.Y.Times (June 26, 2020); Assoc. Press, Supreme Court doesn’t wade into mail-in voting battle, Wash. Post (June 26, 2020); Barnes, Supreme Court won’t force Texans to allow absentee ballots for all voters, Wash. Post (June 26, 2020).

[9] Earlier this year there was federal court litigation over the Wisconsin primary election that lead to counting of ballots that had been mailed no later than election day. (See these posts and comments to dwkcommentaries.com: Pandemic Journal (# 10): Wisconsin Primary Election (April 10, 2020); Comment: More Criticism of Republican Strategy of Limiting Voting (April 12, 2020; Comment: More Comments on Wisconsin Election (April 13, 2020); Comment: Surprising Results in Wisconsin Election (April 14, 2020); Commnet: George F. Will’s Opinion on Voting By Mail (VBM) (April 15, 2020); Comment: Emerging Battles Over Changing State Election Laws (April 15, 2020); Comment: New York Times Editorial on Wisconsin Election (April 20, 2020; Comment: Thousands of Wisconsin Absentee Ballots Counted After Election Day (May 3, 2020).

[10] Galston, How to Prevent an Electoral Crisis, W.S.J. (June 30, 2020).

[11] Liptak, Supreme Court Seems Ready to Curb ‘Faithless Electors,’ N.Y. Times (May 13, 2020); Wegman, The Electoral College Is a Confusing Mess, N.Y.Times (May 13, 2020).

 

 

 

More Republican Opposition to Trump  

A prior post discussed The Lincoln Project, which was organized by a prominent group of Republicans, “to “defeat President Trump and Trumpism at the ballot box.”

Republican Voters Against Trump[1]

Now the Lincoln Project has been joined by a new group, Republican Voters Against Trump.

Initially it was composed of 93 ordinary individuals from 34 states who describe themselves as “Republicans, former Republicans, conservatives, and former Trump voters who can’t support Trump for president this fall.” Their website quotes one of them as saying, “I’d vote for a tuna fish sandwich before I’d vote for Donald Trump again.”

This new group is aimed at chipping “away at “Mr. Trump’s support from white, college-educated Republican voters in the suburbs” in the swing states of Pennsylvania, Wisconsin, Michigan, Florida, North Carolina and Arizona, all of which are represented in the 93 individuals featured in the group’s website.

This new group is about to launch “a $10 million digital and television advertising campaign that will use personal stories of conservative voters giving voice to their deep — and sometimes brand-new — dissatisfaction with the president.”

This new group was organized by Sarah Longwell, “a lifelong conservative and a prominent Never Trump Republican;”  Bill Kristol, the prominent conservative writer; and Tim Miller. a former top aide to former Florida Governor Jeb Bush.

 The Lincoln Project’s Recent Activities[2]

The Project has released an ad contending that Trump Campaign Manager Brad Parscale has been fleecing the re-election effort. Even Trump himself in a recent telephone call with Perscale is reported to have threatened to sue him because of all the money he had made while working for the president.

In addition, the Project has broadened its efforts to campaign against Republican Senator and Senate Majority Leader, Mitch McConnell. Dubbing him “Rich Mitch,” it accuses him of enriching himself while not improving the rankings of his own state (Kentucky) with respect to job opportunity, education and health care.

This recent effort was described by one of the Project’s co-founders, George Conway, this way. ““When he fixed the impeachment trial by blocking evidence of Trump’s high crimes and misdemeanors, McConnell violated and abased the solemn oaths he took as a United States Senator. Add in the fact that, as our ad shows, he’s managed to do much better for himself than for the people of Kentucky, and it becomes a no-brainer: McConnell has to go.”

McConnell also is subject to criticism for his unrelenting campaign for the Senate to confirm young, conservative attorneys to lower federal court judgeships, including overt suggestions to older conservative judges to resign now so that the current administration with McConnell’s assistance can confirm additional judges with those “credentials.[3]

Now Republican Senator Lindsay Graham, the Chair of the Senate Judiciary Committee, has joined this effort to encourage more senior federal judges to resign as soon as possible so that the current Republican-controlled Senate can confirm more conservative judges before the November election might cause the Republicans to lose control of that body going forward.[4]

Conclusion

These conservative efforts against Trump are reinforced by New York Times conservative columnist, Ross Douthat, who recently said Trump “is interested in power only as a means of getting attention” and feared “claiming any power that might lead to responsibility and someday blame, a showman’s preference for performance over rule, a media addict’s preference for bluster over deeds.” When the U.S. in this pandemic needs “a president capable of exercising power,” it found “it had only a television star, a shirker and a clown.”[5]

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[1] Republican Voters Against Trump; Karni, Get Republicans to Vote Against Trump? This Group Will Spend $10 Million to Try, N.Y. Times (May 28, 2020).

[2] The Lincoln Project, President Donald J. Trump Is Running His Re-election Campaign As Poorly As He Runs His Government (May 20, 2020); Haberman & Karni, Polls Had Trump Stewing, and Lashing Out at His Own Campaign, N.Y. Times (April 29, 2020); Wagner, Anti-Trump super PAC launched by Republicans takes aim at McConnell, Wash. Post (May  28, 2020); The Lincoln Project, The Lincoln Project Releases New Ad: “#RICHMITCH” (May 28, 2020).

[3] Pandemic Journal (# 24): What We Are Leaning in the Pandemic (May 25, 2020).

[4] Sonmez, Graham urges senior judges to step aside before November election so Republicans can fill vacancies, Wash. Post (May 28, 2020).

[5] A Conservative’s Critique of Trump, dwkcommentaries.com (May 19, 2020).

 

Pandemic Journal (#18): Colorado’s Successful Voting by Mail

A previous Pandemic Journal (# 10) and seven comments thereto discussed the turmoil over Wisconsin’s April  primary election and yet its successful implementation of voting by mail so long as such votes were postmarked on or before the actual date of the election.[1]

Another state, Colorado, has had a successful system for voting by mail since 2013, as documented by a recent academic study.[2]

The study’s overall conclusion: “A huge expansion of mail voting is one way to ensure that participating in democracy won’t undermine public health.” The authors continue, “The idea of ‘all-mail voting’ is straightforward: Every registered voter gets sent a ballot via mail to their home address, then after making their choices, voters mail it back; and those who want to still travel to vote in person can do so. In the midst of this pandemic, it’s an adjustment that every state legislature should try to make.”

Our new research, published yesterday, shows that elections with all-mail voting increase turnout among everyone, especially groups that tend to vote less frequently. Those results merit permanent, wide-scale shifts. Currently, registered voters automatically get a ballot by mail in five states: Oregon, Washington, Utah, Colorado and Hawaii. A few other states have all-mail voting in small jurisdictions, and California has been gradually rolling it out.”

Our findings show, however, that low-turnout groups are the very groups that stand to benefit most from all-mail voting. Focusing on Colorado’s recent switch to vote-by-mail in 2013 and using the voter file — a comprehensive record of who turns out in American elections — we find that turnout goes up among everyone, especially the historically disenfranchised: young people, voters of color, less-educated people and blue-collar workers.”

In fact, “all-mail voting has a tremendously large effect, boosting overall voting rates in Colorado by more than 9 percentage points.” Moreover, “ youth turnout increases by 16 percentage points. Blue-collar workers see a 10 percentage-point jump in turnout. People without a high school diploma are 9.6 percentage points more likely to vote. And voters of color benefit immensely: Our research finds a 13 percentage-point turnout boost for African-Americans, a 10 percentage-point boost for Latino voters and an 11 percentage-point increase for Asian-Americans.”

In addition, with such voting, “Households with less than $10,000 in wealth see a 10 percentage-point turnout boost from all-mail voting, while the effect for those with $250,000 or more in wealth is about half that size.”

“In Colorado, a traditional swing state, ballots are mailed to all registered voters, who can then choose to mail back their completed ballot or drop it in one of many secure collection boxes. (Denver alone has about 30 throughout the city.) Or voters take it to a county vote center, staffed with personnel, to cast their ballot in person. Vote centers are open during an early voting period as well as on Election Day.”

In addition, Colorado “also allows for same-day registration. This ensures that people who miss the state’s registration deadline for mail voting can still register and vote in person. (Colorado also proactively updates voter addresses using the United States Postal Service’s National Change of Address database and, as of 2017, provides automatic voter registration throughout the state.)”

Finally, the authors state, “fraud is exceptionally rare, hard to commit without getting caught and nearly impossible to do on the scale necessary to affect election results. And because mail voting leaves behind a paper trail — which election officials can audit to verify that votes were counted as cast — it may actually be even more secure than in-person voting.”

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[1] See these entries on dwkcommentaries.com: Pandemic Journal (# 10): Wisconsin Primary Election (April 10, 2020); Comment: More Criticism of Republican Strategy of Limiting Voting (April 12, 2020); Comment: More Comments on Wisconsin Election (April 13, 2020); Comment: Surprising Results in Wisconsin Election (April 14, 2020); Comment: George F. Will’s Opinion on Voting by Mail (VBM) (April 15, 2020); Comment: Emerging Battles Over Changing State Election Laws (April 15, 2020); Comment: New York Times Editorial on Wisconsin Election (April 20, 2020); Comment: Thousands of Wisconsin Ballots Counted After Election Day (May 3, 2020).

[2] Hill, Grumbach, Bonica & Jefferson, We Should Never Have to Vote in Person Again, N.Y. Times (May 4, 2020) The authors are Charlotte Hill, a doctoral candidate at the University of California, Berkeley; Jacob Grumbach, a professor of political science at the University of Washington; and Adam Bonica and Hakeem Jefferson, both professors of political science at Stanford. Some of these points also were voiced by former Colorado Governor John Hickenlooper (now a candidate for U.S. Senate). (Hickenlooper, We’ve been voting at home for six years in Colorado. It’s time to do it nationally, Wash. Post (April 8, 2020).)

 

 

 

 

U.S. State Governments Celebrate Refugees’ Accomplishments

The now enjoined Trump executive order requiring state and local governments to consent to refugee resettlement has had what the President probably did not expect: many of the 42 states so consenting, Alexander all by their governors (both Republican and Democrat) also celebrated the many accomplishments of the previous refugees who have resettled in their states. These positive comments about refugees need to be remembered and continuously publicized, and so here they are. [1]

Alaska. Although the state has not officially submitted a consent letter to the federal government, its Governor in a press conference said, “the resettlement program has a longstanding history and is in line with U.S. and Alaska values.  I think America and Alaska get behind because, once again, it’s folks that are in situations where there’s war or some type of persecution and of course, when they apply to come here, the hope is that that’s put behind them and they can get on with their lives and be part of the state, if they choose to stay, and part of the country.”

Arizona. “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. Refugees arriving in the United States have been vetted and approved by the appropriate national security agencies and Department of State and have been granted legal entry to make a new home in the land of the free.”

Arkansas.  “Arkansans have a history of welcoming refugees. While we fully support control of our borders and oppose illegal immigration, we also value the contribution of immigrants and understand the importance of America continuing to be a welcoming nation for those truly seeking refuge and following the legal path to our land. Immigrants bring energy, a thirst for freedom, and a desire to pursue the American dream. This is America’s strength and part of our future.”

California “The State of California is proud to be a welcoming state, and is committed to the continued resettlement of refugees in partnership with local jurisdictions and community partners. California recognizes its resettlement programs and services are an indispensable lifeline to refugees who have been forcibly dispatched from their home countries and cannot rebuild their lives where they first fled.”

“The refugee resettlement program has a long history in California, spanning over 40 years and successfully resettling over 700,000 men, women and children. During these four decades, refugees continuously have contributed to the enrichment of our economy, culture, and society. California’s communities have flourished because of their diversity and ongoing ability to embrace refugees and immigrant families. . . . Refugees deserve our support and we will keep our doors open to these families and people to sustain  an inclusive California for all.”

 Colorado. “Colorado will continue to assist and resettle more refugees in our communities as long as people around the world are displaced from their home countries.”

“Since 1980, Colorado has welcomed individuals and families fleeing persecution, war, and violence from all over the world through the United States Refugee Admissions Program. Having a robust refugee program ensures that we are upholding our American values of humanitarianism, freedom, and opportunity. Not only is investing in refugees the compassionate and humane thing to do, refugees contribute to our economy in ways that benefit all Coloradans. For every dollar Colorado invests in refugees, we receive a $1.23 return on investment in tax revenue, and four new Colorado jobs are created for every refugee who is resettled in our State.”

Connecticut. “It is a bedrock principle of the United States of America that we welcome to our shores those fleeing tyranny, persecution and violence. As you well know, prior to being admitted to the United States, a refugee must undergo a rigorous vetting process. And we know from our own experience here in Connecticut that refugees enrich the communities that offer them shelter- socially, culturally, and economically. In addition, many people are resettled in our country as part of the Special Immigrant Visa (SIV) program, because they have put their lives and safety, and that of their families, at risk to help ensure the success and safety of our military service members in Afghanistan and Iraq. Connecticut is proud to do its part to honor our country’s commitment to them. The policy of the Trump Administration over several years to cut dramatically the number of refugees allowed to resettle in the United States is antithetical to our heritage and our values.”

Delaware. “Our country has historically been a refuge of safe harbor for those fleeing war-torn countries, violence, and political persecution. We should continue to stand as a beacon of hope and freedom for people around the world. In that spirit, as Delawareans, we are proud to do our part, and continue to accept the resettlement of refugees.”

Illinois. “Since 1975, the State of Illinois has welcomed and resettled more than 130,000 refugees from more than 86 countries. In recent years, 1,000 to 3,000 refugees, those seeking asylum, and victims of human trafficking arrived in Illinois annually. Refugees have successfully rebuilt their lives and made positive social and economic contributions to Illinois. They have helped revitalize neighborhoods and added to the cultural vitality of our state and communities. As survivors of persecution, refugees embody the importance of human rights, democracy, and freedom. Refugees’ resilience in the face of hardship inspires courage, hope, and perseverance. And refugees’ countless contributions undoubtedly make our states and nation stronger.”

Indiana. “Indiana is a destination of certainty, stability and opportunity. As a state, we are on course to become the absolute best place in America to grow as an individual, a family, a business and as a community. Our long tradition of welcoming and helping to resettle refugees with support from our federal partners, shows the world the compassion of Hoosiers and our willingness to give others the ability to grow and prosper in the great state of Indiana.”

“In just the last five years, state based non-profit agencies have resettled thousands of deserving, qualified individuals in the Hoosier state, who have been fully and carefully vetted by relevant federal government agencies. These are . . . individuals who have gone through all the proper channels, were persecuted for their religious or political beliefs in their homeland and have sought and been granted refugee status in our nation of immigrants.”

Kansas. “Kansas has a long and proud history of welcoming the world’s refugees to our state. Refugees are not simply looking for a better home, they are fleeing some of the most horrific violence, war, famine, religious and cultural persecution of our time. Our country and our state can provide the security they need for a safer place to call home. The citizens of Kansas have shown time and again a strong commitment to welcoming refugees into communities statewide.”  She also said, “Refugees come to our country and state looking for a better place to live. Our country and our state benefit as they also make positive contributions in significant ways. They contribute to our economy, workforce and the cultural fabric of our state and nation.”

Maine. “For more than forty years, and under the leadership of seven Democratic, Republican and Independent governors, Maine has participated in the federal refugee resettlement program. Over the course of those decades we have welcomed nearly 10,000 people from more than 30 countries – people who have resettled in Maine with the hope of finding peace, safety and work for themselves and their families.”

“Maine has a workforce shortage, projected to grow worse over the next decade, creating serious challenges for businesses seeking to hire qualified workers in every industry and in every sector of our economy. Our state welcomes refugees who have skills, education and ability, a proven work ethic and tremendous drive. It is the right thing to do, and it is critical to the strength of our economy and our future success as a state.”

Massachusetts. “Massachusetts is committed to continuing to serve as a source of hope and opportunity, welcoming those seeking refuge with open arms and ensuring that newcomers feel safe, valued and supported as they settle into a new country and integrate into new communities.”

“The United States has a proud and noble tradition of serving as a country of refuge for those most vulnerable in the world. The Commonwealth welcomed 516 refugees last year, from 30 countries, and has welcomed 14,282 refugees over the past decade, from 59 countries. Throughout history, many of the refugees our Country admitted became distinguished scientists, government leaders, entrepreneurs, cultural icons, and public servants. We have much to gain in providing refuge to those in need. Foreign born employees provide significant support to our economy and make up a critical part of the health and human services sector workforce.”

Michigan. “Michigan has a rich history of welcoming refugees and other immigrants to our state. I am committed to ensuring that we remain a leader in responding to the needs of globally displaced families and individuals. We recognize the value of being a welcoming state, and the contribution of refugees to the fabric of our communities. Refugees enhance our state socially, culturally, and economically.”

Minnesota. “Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home. Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.”

“We will continue to work hard to ensure refugees become a thriving part of our communities, and I am confident this demonstration of compassion will mark the first step in these immigrants becoming  patriotic and productive fellow Americans.”

Missouri. “Missouri has a long and rich history of immigration, dating back to America’s earliest explorers, fur traders, and missionaries. Today, Missouri’s population includes thousands of former refugees who have become vital members of our communities. Since 2002, nearly 18,000 refugees from 45 countries have resettled in Missouri.”

“In Missouri, state organizations and faith-based groups work tirelessly to support refugee resettlement. Currently, there are five agencies that integrate refugees in St. Louis, Kansas City, Columbia, and Springfield, where they have helped strengthen local economies, especially through entrepreneurship. These groups do an excellent job of transitioning newly settled populations, ensuring they are educated, trained, and prepared to assimilate into their new community. In fact, St. Louis boasts one of the largest Bosnian populations outside that country itself. Community volunteers, especially faith-based partners, continue to be an integral part of such local resettlement efforts.”

Nevada. “Nevada is proud of our long-standing tradition of resettling refugees. Since the 1970s, Republican and Democratic Governors from Nevada have welcomed these individuals into our state with open arms. Earlier this year, I had the opportunity to meet with dozens of refugee children in the State Capitol. . . . While their unimaginable experiences of suffering and hardship may have originated in different areas around the globe, the personal stories they shared were defined by courage, hope and resilience. These stories embody the dignity and values of this country. Such is the story of Nevada Assemblyman Alexander Assefa. Mr. Assefa came to the U.S. as a refugee with similar hopes and dreams. After a lot of hard work, he became a pilot, a small business owner, and he now proudly serves in the Nevada State Legislature. Above all, he is a proud American.”

“We need not forget that refugees fled for their lives after enduring persecution, war and dire humanitarian conditions. Many waited several years in remote places, while undergoing extensive background checks and security clearances, for the opportunity to start a new life in the United States. Once here, refugees become productive, responsible and self-sufficient members of society and account for an important part of our workforce and that drives our economic engine.”

New Jersey. “New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response. We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 ceiling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”

“New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response.”

“We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 cei ling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”

“Over two million of our residents are immigrants, including refugees, representing nearly 23 percent of New Jersey’s population. There is no doubt that refugees have contributed to the strength of our state and have enriched our communities economically, culturally and socially. Refugees who have made New Jersey their home have helped our state thrive by growing our workforce, starting businesses, contributing to local economies, and becoming valued friends and neighbors.”

“We took these actions because we recognize that new Americans are integral to our State’s culture and our economy. Immigrants and refugees in New Jersey include over 120,000 entrepreneurs, employ more than 389,000 people and contribute over $24.2 billion in federal, State, and local taxes. In fact, 43 percent of the State’s science, technology, engineering, and math-focused workforce are new Americans who play a significant part in maintaining the State’s role as a leading innovator in the STEM field. Supporting immigrant and refugee integration is a smart strategy for our State and our country.”

“We know that a strong and vibrant democracy like ours requires that we live out our values through our deeds. To do so, we must continue to hold true to who we are as Americans by helping those who come seeking refuge from violence and persecution around the world. My Administration looks forward to continuing to work together with cities and towns across our great State to welcome immigrants and refugees.”

New Mexico. “New Mexico has always welcomed immigrants of all types, including more than 2,500 refugees from 28 countries who have resettled in New Mexico since 2002, adding to the rich multicultural mix of which New Mexicans are so rightly proud.”[2] She also said, “Unlike other immigrants, refugees have been forcibly displaced from their homes, whether by war, famine, religious and cultural persecution or violence. They leave their home countries fearing for their lives, and they come to our shores and our borders often with nothing more than the clothes on their backs, desperate — not for a handout but for a chance to start over.”

“While refugees arrive needing our help, they are often quick to pay back the country and communities that welcome them. They get jobs and pay taxes. They open businesses. They contribute their cuisines and cultures, bringing us new forms of entertainment and understanding.”

North Carolina. “North Carolina was one of the first states to welcome refugees to the United States after the United States Refugee Act was signed into law in 1980. Our state has a strong network of community and faith-based groups which aid in resettlement of refugees who seek safety from persecution.”

North Dakota. “North Dakota has had success at integrating refugees who have become responsible citizens and productive members of the workforce.”

Oregon. “Oregon opposed the President’s recent Executive Order on “refugee resettlement, and ask that you return this year’s refugee admission number to previous annual levels. The values reflected in this Executive Order are not the values on which our country was built.”

“It is a sad day for a nation founded on the principle of welcoming ‘poor, tired, and huddled masses.’ Nobody chooses to be a refugee. Refugees are just like us. They have jobs and families. They are parents and friends, teachers and doctors, farmers and fishermen. Since 1975, Oregon has resettled 67,743 refugees. Refugees contribute every day to the strength of our economy, our communities, and our culture. About 70 percent of refugees find employment within the first few months of resettlement. They pay taxes, buy homes, and open businesses. Their search for freedom and a better future for themselves and their children embodies what it means to be an American.”

Pennsylvania. “Pennsylvania has a rich history of opening its doors to those facing persecution and danger. William Penn founded our commonwealth on the principle of religious freedom, seeking to allow those in Europe to escape persecution.”

“It is vital that America retain its moral authority throughout the world. And that means that when vulnerable and displaced individuals seek refuge from violence and oppression elsewhere, we welcome them to find that refuge in America. This maintains our image as a beacon of hope and freedom, and shows the world that America is the antithesis of the places these individuals are fleeing.”

“For decades, refugees have made our communities better, and I am committed to continuing that tradition to the fullest extent of my ability. In communities from Allentown to Lancaster to Erie, and elsewhere, refugees are resettling, making a home, finding employment, starting businesses, paying taxes, and enriching their communities. Church World Service, based in Lancaster, has gained national attention for how it has brought refugees and communities together to find mutual understanding and build strong relationships despite differences. That, to me, is the best of America.”

“During past conflicts, America has accepted hundreds of thousands of refugees who were fleeing violence and persecution. [For example,] Jewish refugees came to Pennsylvania from Germany and other European countries to escape the Nazi occupation and religious persecution. . . . As millions of people in Eastern Europe, the Middle East, Asia, Latin America and Africa face violence, persecution, and death, we should continue to help those we can while taking care to protect our commonwealth and our country, just as we have done for hundreds of years. To reject refugees outright emboldens the message of those who seek to inspire hatred by saying that we, as Americans, do not have compassion or care for specific groups of people in the world facing persecution or worse.”

Tennessee. “Resettlement will be facilitated by the Trump Administration and non-profit organizations with extensive experience in this area. The refugee population in Tennessee is small, and . . .our consent to cooperate and consult with the Trump Administration to provide a safe harbor for those who are fleeing religious persecution and violent conflict is the right decision. The United States and Tennessee have always been, since the very founding of our nation, a shining beacon of freedom and opportunity for the persecuted and oppressed, and particularly those suffering religious persecution.”

Utah. “Utah has “historically accepted and resettled more than 1,000 refugees each year from a variety of troubled regions of the world. . . . Utah’s unique history informs our approach to refugees. Our state was founded by religious refugees fleeing persecution in the Eastern United States. Those experiences and hardships of our pioneer ancestors 170 years ago are still fresh in the minds of many Utahans. As a result we empathize deeply with individuals and groups who have been forced from their homes and we love giving them a new home and a new life. And it turns out we do it quite well. Those refugees who resettle in Utah become integrated and accepted into our communities. They become productive employees and responsible citizens. They become contributors in our schools, churches and other civic institutions, even helping serve more recent refugees and thus generating a beautiful cycle of charity. This marvelous compassion is simply embedded into our state’ s culture.”

Vermont. “Since 1989, Vermont has welcomed almost 8,000 refugees, primarily from Bhutan, Burma, Bosnia, Burundi, Democratic Republic of Congo, Iraq, Somalia, Sudan and Vietnam. Prior to 2017, Vermont was resettling an average of approximately 325 refugees per year. Through this consent process, I hope to increase current resettlement to the level of 325-350 individuals annually. Vermont has never conditioned and will never condition refugee resettlement on a refugee’s race, ethnicity, religion or national origin.”

“Vermont’s refugee communities have made countless contributions to our state. Refugees help ensure a healthy sized and diverse student population. They help employers fill open positions, contributing to the community and local economy, and pay federal, state and local taxes. In recent years, refugees have entered employment in critical economic sectors including construction, health care, hospitality and hotels, manufacturing, customer service, education, environmental services, food service, maintenance, meat processing, office/accounting, packing, retail, transportation, and warehouse. Vermont has more open jobs than people to fill them; refugee communities are vital to Vermont’s economic health.”

“I am also heartened by the fact that an average of 90-94% of these new Americans are economically self-sufficient within eight months of arrival in Vermont. In fact, the rate for fiscal year 2029 is 100%.”

Virginia. “Virginia has welcomed refugees who are fleeing war, persecution, or other dire circumstances. We know that no one chooses to abandon their home until conditions become so difficult that the unknown is preferable.”

“The United States has long presented itself as a haven, a place of stability and economic prosperity. We promote the ideals upon which this country was founded, of liberty and freedom. But lo uphold those ideals abroad, we must allow access to them here at home. We must practice what we preach.”

“Virginia helps refugees settle into new homes only in those localities that participate in the Virginia Community Capacity Initiative, which ensures that a community’ s elected officials, faith leaders, schools, and other stakeholders are committed to helping refugees build new homes and lives. We work with resettlement agencies that have deep ties to these communities. We have always been clear that successful resettlement only happens with community involvement.”

“Because of our proximity to Washington, D.C., we are a preferred location for many Special Immigrant Visa holders: Iraqi and Afghanistan refugees who provided services to the U.S. military in those countries, and whose lives and families are in danger because of that service.”

“In recent years, as the federal government has lowered the number of refugees accepted into the United States, Virginia’s refugee number has dropped. We have the capacity to accept and help more refugees than we currently have.”

“These are people who no longer have a home. History shows us that this could happen to any of us. We must all imagine ourselves in their shoes, and treat them as we would wish to be treated. If I were ever in such a position, I hope a friendly country would take me in and let me rebuild my life in peace and safety. I believe people of decency would share that hope. Virginia’s lights are on and our doors are open, and we welcome new Virginians to make their homes here.”

Washington. “[The] State of Washington wholeheartedly consents to welcoming and resettling refugees into our communities—a long and proud tradition that we intend to continue.”

“As the state that resettled the second highest number of refugees last year, we are honored to remain a place of safety and security for those fleeing persecution and violence. Since 1975, Washington has bought in nearly 150,000 refugees from 70 different countries, including Vietnam, Ukraine and the Democratic Republic of the Congo. Refugees contribute to all sectors of our economy—as teachers, service members, doctors, and more—while adding to our rich cultural landscape. They are an integral part of Washington’s past, present, and future.”

“Just last week, we celebrated the success of Dr. Anisa Ibrahim, a Washingtonian who resettled in our state after fleeing war-torn Somalia more than two decades ago. Only six years old when her family first arrived in the United States, Dr. Ibrahim later graduated from the University of Washington Medical School and now leads a pediatric clinic in Seattle—the same clinic that treated her when she and her siblings were children.”

“Her story is not unique. Throughout our state, children and families speak of similar circumstances, of having sacrificed everything to seek refuge in America from violence, starvation, and other horrors most of us will thankfully never experience. Many of these children are now leaders in our communities, bringing with them their unique perspectives on tragedy, perseverance, and triumph. Washington State is stronger and our communities are richer because of their important contributions.”

“Given all of the benefits of a robust resettlement program, we should not cast aside our founding principles as a nation. Enshrined in the Statue of Liberty, the ‘Mother of Exiles,’ is our country’s commitment as a safe place for humanity’s most vulnerable. Lest we forget that, of the 26,000,000 refugees worldwide, more than half are children.”

West Virginia.  “West Virginia has had great success with our refugee resettlement agency, which has been in operation since 1978. Refugees who have resettled here have become productive citizens and are welcomed into our West Virginia family.”

Wisconsin. “Our state has a rich history of opening its doors to people of all backgrounds, experiences, and walks of life. Through the years, while the people seeking resettlement opportunity in Wisconsin have changed, their circumstances have not: they are people seeking a new life, they embrace American ideals, and they bring with them valuable skills and experience which benefit all of us.” He also said, “Following the end of World War II, Wisconsin welcomed its first refugees as defined by the United Nations 1951 Refugee Convention. Our state has since continued to offer opportunities for safety and a new life to those from around the world who are granted resettlement. Over the past two decades, Wisconsin has welcomed more than 16,000 refugees from countries around the world, including Laos, Vietnam, the former Yugoslavia, Somalia, and Iraq. Most recently, our state has welcomed people from Burma and the Democratic Republic of Congo.”

“Refugees and immigrants are essential to Wisconsin’s economy, from manufacturing to education, and public service to agriculture and healthcare. At a time when we are seeing labor shortages across our state, it is irresponsible for the administration to place obstacles in the path of talented and hard-working folks seeking refuge and a better life.” Moreover, “our refugees are a critically important part of our families, our communities, and our culture—they are part of the fabric of our state. Wisconsin’s refugee population is resilient and determined—they want to help themselves and their family, they want to continue working toward their dreams of living safely and freely, and they are eager to give back to the communities who welcome them. These contributions and our diversity and our differences make us and our state stronger, not weaker.”

Conclusion

It also is noteworthy that at last 19 of the 42 consents came from Republican governors and at least 22 from Democratic governors. Seven other states have not been heard from on the consent issue and thereby impliedly did not consent before a federal court enjoined this program: six with Republican governors (Alabama, Florida, Georgia, Mississippi, South Carolina and Wyoming) and one with a Democratic governor (Hawaii). The only state that explicitly did not consent was Texas with a Republican governor.

More importantly these statements and the lives they depict are incarnations of Pope Francis’ advice to us all: Welcome. Protect. Promote. Integrate refugees and immigrants![2]

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[1] Almost all of these celebratory comments were quoted in previous posts to this blog: Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Update on U.S.’ 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) Five More States Have Consented to Refugee Resettlement (Jan. 7, 2020); Alaska Says “Yes” to Refugee Resettlement (Jan. 8, 2020). See also Letter, Utah Gov. Herbert to Pres. Trump (Oct. 14, 2018); Letter, New Mexico Governor Grisham to Lutheran Family Services Rocky Mountain (Oct. 7, 2019); Letter, Vermont Governor Phil Scott to President Trump and Secretary Pompeo (Jan. 6, 2020). These opinions about the importance of refugees are consistent with the opinion of a Wall Street Journal columnist. (Immigrants Come to America to work, dwkcommentaries.com (Jan. 31, 2020).

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

 

Minnesota Counties’ Actions on Refugee Resettlement 

Of Minnesota’s 87 counties, 23 already have issued consents to future refugee resettlements while another 8 have indicated they will be considering the issue in the near future and only one has refused to so consent. There is little word from the other 56 counties in the state although there is no legal requirement for them to take a position on the issue since not voting is deemed to be a negative vote and although the state’s refugee resettlement agencies has not been soliciting those counties that have had little prior experience with such resettlements.

Here is a review of the 31 that so far have indicated some position on the issue of refugee resettlement.[1]

Counties Saying “Yes”

Blue Earth County. [2] On December 17 the board of south-central Blue Earth County (population 64,000 with its county seat in Mankato, population 39,300, and home of Minnesota State University Mankato) joined the consenting list. It did so unanimously with almost no discussion. One of the commissioners afterward said, “We’ve always accepted refugees. This is nothing new.”

Brown County.[3] In late December, County commissioners unanimously voted to consent to resettlement. Its virtually all white population of 25,890 live immediately west of  the just mentioned Blue Earth County and the later mentioned Nicollet County. Its county seat is New Ulm.

Clay County.[4] On December 17, County commissioners unanimously voted to resettlement. With a population of nearly 59,000 people, it abuts North Dakota with a county seat in Moorhead (population 38,000) and is home for four institutions of higher learning.

Cook County.[4a] On January 14, the County Board unanimously voted to accept more refugees. Its Chair, Myron Bursheim, said, “I see this as a symbolic thing. My intention is to be welcoming.”

Commissioner Dave Mills said he’d never received more email feedback on an issue in the North Shore county, all in support. “I see the issue from a practical and principled standpoint. I don’t think it’s going to directly affect our finances or operation. Out of principle, this is what our community values.” Commissioner Virginia Storlie added, “We would do the best we can with folks who need help.”

Cook is the northeastern tip of the state, colloquially called “the Arrowhead,” pointing at Canada on the beautiful North Shore of Lake Superior. Its population is 5,393 (White 85.0%; African American 1.0%; Native American 8.5%; Asian 0.9%; Latino 2.5%; other 2.1%),  and the county seat is charming Grand Marais.

Dakota County.[5]   An approval of consent on January 7 came from the board of  Dakota County, which has a population of 425,423  (77.7% white; 7.0% African-American; Latino 7.4%; Asian 5.2%; Native American 0.6%; and other 2.1%) in the south-eastern corner of the Twin Cities metro area with its county seat in Hastings.

Goodhue County.[6] On January 7, the Goodhue County Committee of the Whole, by a vote of 3-2, approved consenting to refugee resettlement. Although there was no time for public comment, there were many attendees, causing the meeting to be moved to the larger space of the courtroom. On the western banks of the Mississippi River, it has a population of 46,304 (White 91.8%; Latino 3.5%; Native American 1.5%, African-American 1.4%; Asian 0.7%; other 1.1% with its county seat in Red Wing.

Hennepin County.[7] On January 7, Hennepin with the city of Minneapolis is the state’s most populous county at 1.252 million (White 68.6%; African-American 13.6%; Asian 7.5%; Latino 7.0%; Native American 1.1%; Other 2.2%)in the central part of the state, by action of its County Board, approved consenting. Here are highlights of the “Whereas” paragraphs of its consent letter:

  • “Minnesota’s reputation for a strong economy and commitment to the social safety net has resulted in successful refugee resettlement since the 1800s.”
  • “Minnesota’s robust network of non-governmental resettlement agencies works with the federal government to resettle refugees, including resettlement in Hennepin County.”
  • “1,345 refugees have been resettled in Hennepin County over the last five years.”
  • “The breadth of countries and regions of origin resettling in Minnesota continues to expand and includes Afghanistan, Bhutan, Burma, Democratic Republic of Congo, Eastern Europe, El Salvador, Eritrea, Ethiopia, Iran, Iraq, Laos, Russia, Somalia, Tanzania, and Vietnam.”
  • “The success of refugee resettlement in Hennepin County has helped affirm the county’s status as an urban center of international importance.”

Kandiyohi County. As noted in a prior post, on December 3, 2019, Kandiyohi County in western Minnesota was the first to consider this issue when it voted, 3-2 to consent to refugee resettlement.

Mower County.[8] In early January, the County commissioners unanimously voted to authorize consent. In the southeastern part of the state bordering Iowa, its county seat is Austin, famous as the headquarters for Hormel Foods. Its population is 40,011.

Murray County.[9] On January 7, the county commissioners authorized consent. Located in the southwest corner of the state with its county seat in Slayton, it has a population of 8,725 (93.8% white, 3.6% Latino. 1.1% Asian and 1.5% other.

Nicollet County.[10] This county is just north of the previously mentioned Blue Earth County and on the same date (December 17), also consented with a County Board vote of 4-1. One of the affirmative votes came from Commissioner Terry Morrow, who  said all refugees that arrive are thoroughly vetted by the federal government, confirming they are fleeing war, genocide or severe poverty while Commissioner Jack Kolars called refugees “‘new Americans,’ who follow in the footsteps of past groups of refugees and immigrants who often faced discrimination and persecution when they arrived and went on to be productive citizens. And he said current newcomers are working in the area in large dairy farms, shingling roofs and in food-processing plants. ‘In many cases they’re doing work others won’t do.’”

Nicollet County has a population of 34,200 (92.3% white; 3.7% African-American; 0.5% Native Americans and 3.5% other), and its county seat of St. Peter is the former capital of the state and the home of Gustavus Adolphus College.

Nobles County.[11] On January 7, the county commissioners authorized consent. Located in the southwest corner of the state and bordering Iowa and South Dakota, this county has a population of 21,900 (white 58.2%, Latino, 28.4%, Asian, 7.1%, , Other 0.1%)/African-American, 5.4%. Its county seat is Worthington, which recently has received a lot of attention due to its unusual ethnic diversity, as discussed on this blog.

Olmsted County.[12] On December 6, the County’s Administrative Committee unanimously approved a consent to resettlement. The County Board chair, Jim Bier said, “It’s stuff we are doing already.” A county official stated 30 new refugees already had been settled in the county in 2019 while an official for Catholic Charities of Southern Minnesota said that in 2018, 26 individual refugees came to Olmsted County from other countries. The county in the southeastern part of the state has a population of 144,200 (white, 85.6%; Asian, 5.4%; African-American, 4.8%’ and Latino, 4.2%. Its county seat is Rochester, which is famous for the Mayo Clinic.

Otter Tail County.[13] On December 16, the Commissioners voted to consent to resettlement. It is located in the west central part of the state on the continental divide with a population of 58,300 (white 97.1%; Latino, 1.7%; and other 1.2%; the county seat is Fergus Falls.

Pipestone County.[14] On January 7, this county joined others in consenting to resettlement. The county seat has the same name and the county’s population is 9,600 (white 96.7%; African-American 1.5%; Latino 0.7%; Native American 0.5%; other 0.6%. It borders South Dakota in the southwestern part of Minnesota.

Pope County.[15] On January 7, the County’s Board of Commissioners unanimously approved to consenting to resettle refugees. “While all board members agreed that they would be surprised if they were asked to host refugees, all of them were more than willing to approve an affirmative letter saying the county would accept refugees. ‘We should be ready to help,’ said Commissioner Larry Lindor.” After the item passed, Chair Gordy Wagner told his fellow board members, “I am proud of you all. Thank you.”

Located in the west-central part of the state with Glenwood as its county seat, Pope County’s population is 11,097 (White 95.9%; African-American 0.5%; Native American 0.4%; Asian 0.6%; Latino 1.5%; Other 1.1%).

Ramsey County.[15a] On January 14, the County’s Board unanimously approved consenting to refugee resettlement. The Board Chair, Toni Carter, said, “We recognize that refugees and foreign-born residents are an important part of Ramsey County. It’s important we honor and respect all who are among us.” Similar words came from Commissioner Trista MatasCastillo: “For me this is a celebration of our good work and the good work of our refugee communities. We have all benefited from having refugees in our community.” Another Commissioner, Victoria Reinhardt, said that, aside from Native Americans, nearly all Americans can trace their roots to immigration. “I am glad this country welcomed my German and Irish ancestors. That is what makes this place rich.”

The county, which includes the state’s capitol in St. Paul, accepted 4,215 refugees from 2015 to 2019. In the past year, the county accepted 71% of all refugees who initially settled in Minnesota. Moreover, avout 16% of its overall population of 508,639 is foreign-born.The composition of itsl population is White 61.4%; African American 12.6%; Native American 1.0%; Asian 15.3%; Latino 7.6%; Other 2.1%..

Rice County.[16] In early January, the County’s commissioners voted to authorize consent. Located in the southeastern part of the state with a county seat in Faribault, it has a population of 66,523 (White 89.0%; African-American 5.4%; Asian 2.1%; Native American 0.4%; Other 5.1%).

Sherburne County.[17] In December, the Commissioners for this County voted to issue consent. Located only – miles northwest of Minneapolis in the central part of the state, it has a population of 96,036  (white 90.9%; African-American 2.9%; Latino 2.9%; Asian 1.3%; Native American 0.6%; other 1.4%). The county seat is Elk River.

Steele County.[18] A consent letter was authorized by the County Board. Located in the southeastern part of the state, just south of Rice County, its county seat is Owatonna. Its population is 36,887 (White 90.9%; African-American 2.9%; Latino 2.7%; Asian 1.3%; Native American 0.6%; Other 1.6%.

Washington County. [18a] On January 14, the County’s Board unanimously approved consenting to resettlement at its meeting in the county seat of Stillwater. This county sits on the west bank of the St. Croix River across from the State of Wisconsin and east of Ramsey County and the City of St. Paul. Its population is 236,114 (White 82.2%; African American 4.9%; Native American 0.5%; Asian 6.2%; Latino 4.3%; other 1.9%).

Watonwan County.[19] On January 7, the County Board, apparently unanimously, approved a letter of consent to refugee resettlement. This county is located in the south central part of the state and south of the previously mentioned Brown County and west of Blue Earth County, and its county seat is St. James.  Its population is 10,980 (White 71.0%; African-American 1.3%; Native American 1.3%; Asian 1.2%; Latino 25.2%).

Future Consideration by Other Counties

 Lyon County.[20] On January 7, the Lyon County Board, after discussion, voted to postpone the vote on the merits.

Stearns County.[21] On January 7, the Board of Stearns County,  with its county seat of St. Cloud, 66 miles northwest of Minneapolis. But their vote was to postpone consideration of the merits.

Commissioner Steve Notch said he still had too many unanswered questions and wanted to hear from the public and other experts. He lamented equating humanitarian concerns with economic ones. Commissioner Joe Perske, on the other hand, said it was “imperative” that the county decide the issue immediately. “The question I hear today is, are we a welcoming community or not?”

It should also be noted that St. Cloud, the county seat and largest city in the country, over the last several years has had major controversies over the large number of Somali refugees and immigrants who have resettled there.

St. Louis County.[22] Also voting to postpone consideration of the merits on January 7 was the Board of St. Louis County, population 200,200 (white, 94.9%; Native American 2.0%; Black, 0.9%; and Other, 2.2%) in the northeastern part of the state with its county seat in Duluth (population 85,900 on the southwest tip of Lake Superior).

After a heated debate for 1.5 hours with a standing-room only crowd, the county board voted, 4-3, to postpone a vote on the merits until May 26.

The majority commissioners on that vote represented people on the Iron Range and more rural areas who said they wanted more time to consider the implications of allowing such resettlement while the minority represented Duluth and other cities in the county. The minority on that vote included religious and social justice leaders, local Northland politicians, former sponsors of refugees, and one Northland refugee whose family was from Serbia and who had lived his early life in an Austrian refugee camp.

Another commissioner representing the city of Hibbing (population 16,400) said refugees were still welcome in the county. “We closed no doors.”

Five Other Counties.[23] Becker, Dodge, Ramsey, Scott and Winona counties are expected to consider the resettlement issue in the near future.

County Saying “No”

Beltrami County.[24] So far this is the only county to reject such resettlements. It occurred on January 7, when the County Board In the north-central part of the state voted 3-2 to refuse to provide its consent. This county has a population of 44,442 (2010 census), 76.9 % of whom are white, 20.4% Native American, 0.4% black and 2.3% other. Its county seat is Bemidji (population 12,431).

One of the speakers favoring consent was a member of the Red Lake Nation, who said, “If you’re not a Native American from this area, we all have origin stories. I think most of the people here today are re-settlers. It just seems un-American to me to say that “You’re not welcome.” [25]

This vote was largely symbolic: This county has not resettled refugees for years and is not being targeted by refugee agencies for resettlement anytime soon. In addition, its low population and far northern location make it an unlikely destination. In any event, its rejection of resettlement received national news attention and may have motivated some of the previously mentioned 19 counties to say “Yes.”

Subsequently, a Bemidji business owner/operator and the daughter of World War II refugees, Monika Schneider, lamented the bad publicity the county has received. She said, “We should be so lucky to have a few young, energetic [refugee] families choosing to rebuild their futures in our tundra-adjacent paradise.” She concluded, “Bemidji is loaded with beautiful, loving, open-minded people of all backgrounds. I relocated here from a big city and there is no place I’d rather be. We who live, work and raise our families here are kind, generous, creative, hardworking, dedicated and resourceful people, committed to supporting our community in many lovely ways. We all value our sense of place and our great outdoors. Our downtown is vibrant and growing. We’re eager to offer our expertise for your enjoyment. As this story evolves, the entrepreneurs of Bemidji are here at work, ready to welcome and serve you, whoever you are.” [26]

 

 

 

Conclusion

 Although there is no requirement for any county to consider this issue, we will wait to see whether any of the other 59 counties in Minnesota take any action in this regard.

A broader analysis of this situation was provided in a Washington Post article.[27]

=====================================

[1] The most comprehensive analysis of the positions on this issue of the Minnesota counties are by Greta Kaul: As Minnesota counties vote on accepting refugees, here are the counties where refugees have actually moved in the last decade, MINNPOST (Jan. 9, 2020) and by Ferguson, Minnesota County votes ‘No’ to refugees as more than a dozen others say ‘Welcome,’ Brainerd Dispatch (Jan. 8, 2020)   Thanks to these journalists for their contributions. Population data (July 1, 2018 estimates) for the counties is available on the U.S. Census Bureau’s “Quick Facts” website; any corrections to the ethnic percentages would be greatly appreciated.

[2] Krohn, Blue Earth, Nicollet counties vote to continue accepting refugees, Mankato Free Press (Dec.17, 2019).

[3] Ferguson, Minnesota County votes ‘No’ to refugees as more than a dozen others say ‘Welcome,’ Brainerd Dispatch (Jan. 8, 2020).

[4] See n.3.

[4a] Slater, Cook County opens door with refugee consent, Duluth News Tribune (Jan. 14, 2020); Slater, North Shore county gives unanimous consent to future refugee resettlement, TwinCities Pioneer Press (Jan. 14, 2020).

[5] See n.3.

[6] Fergus, Goodhue County approves refugee resettlement, RiverTowns.net (Jan. 7, 2020);

[7] Hennepin County Board Minutes (Jan.7, 2020); Hennepin County, Letter of Consent for Refugee Resettlement (Jan. 7, 2020).

[8] See n.3.

[9] See n.3..

[10] See n.3.

[11] See n.3.

[12] Petersen, Olmsted County will remain open to refugees, Post Bulletin (Dec. 7, 2019)

[13] See n.3.

[14] See n.3.

[15] Rapp, County to accept refugees if asked, Pope County Tribune (Jan. 13, 2019)

[15a] Vezner, Ramsey County votes to accept more refugees. It already accepts most in MN, TwinCities Pioneer Press (Jan. 14, 2020).

[16] See n.3.

[17] See n.3.

[18] See n.3.

[18a] Washington County votes to continue accepting refugees, RiverTowns.net (Jan. 14, 2020).

[19]  Anaya, Watonwan County provides consent to federal government for refugee resettlement, St. James Plaindealer (Jan. 10, 2010); Watonwan County Board, Agenda (Jan. 7, 2019).

[20]  See n.3.

[21] Rao, Minnesota counties continue to weigh refugee resettlement, StarTribune (Jan. 7, 2020); Rao & Galioto, Minnesota county votes against allowing refugee resettlement, StarTribune (Jan. 7, 2020).

[22] See n. 21; Slater, St. Louis County delays refugee resettlement vote to May, Duluth Tribune (Jan. 7, 2020).

[23] See n.3.

[24] Liedke, UPDATED: Beltrami County votes no to accepting refugees, Bemidji Pioneer (Jan. 7, 2020); Assoc. Press, Northern Minnesota County Bans Refugee Resettlement, N.Y. Times (Jan. 7, 2020); What people are saying about Beltrami County’s vote to refuse refugees, StarTribune (Jan. 8, 2020); Rao, Minnesota’s Beltrami County votes against allowing refugee resettlement, StarTribune (Jan. 8. 2020); Kelly, What people are saying about Beltrami County’s vote to refuse refugees, StarTribune (Jan. 8, 2020); Some residents say refugees would just make Beltrami County’s struggles worse, StarTribune (Jan. 11, 2020).

[25] Apparently Appomattox County in Virginia also has voted against such resettlement. See Rao, Minnesota’s Beltrami County votes against allowing refugee resettlement, StarTribune (Jan. 8. 2020).

[26] Schneider, Reflections from a Beltrami County businessperson, StarTribune (Jan. 15, 2020).

[27] Sacchetti & Morrison, North Dakota county accepted refugees, but the debate is far from over, Wash. Post (Jan. 8, 2020).

 

U.S. State and Local Governments’ Justifications for Consenting to Resettlement of Refugees

A prior post gave the most current list of 34 states (19 Democrat and 15 Republican) that have consented to refugee resettlement. Now we look at the justifications for consent provided by some of those states.[1]

Praise for Refugees

Although perhaps unanticipated by the Trump Administration, many states that have consented to resettlement of refugees, including some headed by Republican governors, also have reminded all Americans of our national and individual states’ histories of welcoming refugees and other immigrants and of the contributions these individuals have made to our life, culture and economies.

Arizona. The state’s Republican Governor Douglas A. Ducey said, “ 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. Refugees arriving in the United States have been vetted and approved by the appropriate national security agencies and Department of State and have been granted legal entry to make a new home in the land of the free.”

Colorado. In a December 16, 2019, letter, Democrat Governor Jared Polis said, “Colorado will continue to assist and resettle more refugees in our communities as long as people around the world are displaced from their home countries.”

“Since 1980, Colorado has welcomed individuals and families fleeing persecution, war, and violence from all over the world through the United States Refugee Admissions Program. Having a robust refugee program ensures that we are upholding our American values of humanitarianism, freedom, and opportunity. Not only is investing in refugees the compassionate and humane thing to do, refugees contribute to our economy in ways that benefit all Coloradans. For every dollar Colorado invests in refugees, we receive a $1.23 return on investment in tax revenue, and four new Colorado jobs are created for every refugee who is resettled in our State.”

Connecticut. Its Democrat Governor Ned Lamont said, “It is a bedrock principle of the United States of America that we welcome to our shores those fleeing tyranny, persecution and violence. As you well know, prior to being admitted to the United States, a refugee must undergo a rigorous vetting process. And we know from our own experience here in Connecticut that refugees enrich the communities that offer them shelter- socially, culturally, and economically. In addition, many people are resettled in our country as part of the Special Immigrant Visa (SIV) program, because they have put their lives and safety, and that of their families, at risk to help ensure the success and safety of our military service members in Afghanistan and Iraq. Connecticut is proud to do its part to honor our country’s commitment to them. The policy of the Trump Administration over several years to cut dramatically the number of refugees allowed to resettle in the United States is antithetical to our heritage and our values.”

Delaware. Democrat Governor John C. Carney had these words: “Our country has historically been a refuge of safe harbor for those fleeing war-torn countries, violence, and political persecution. We should continue to stand as a beacon of hope and freedom for people around the world. In that spirit, as Delawareans, we are proud to do our part, and continue to accept the resettlement of refugees.”

Illinois. Democrat Governor JB Pritzker said, “Since 1975, the State of Illinois has welcomed and resettled more than 130,000 refugees from more than 86 countries. In recent years, 1,000 to 3,000 refugees, those seeking asylum, and victims of human trafficking arrived in Illinois annually. Refugees have successfully rebuilt their lives and made positive social and economic contributions to Illinois. They have helped revitalize neighborhoods and added to the cultural vitality of our state and communities. As survivors of persecution, refugees embody the importance of human rights, democracy, and freedom. Refugees’ resilience in the face of hardship inspires courage, hope, and perseverance. And refugees’ countless contributions undoubtedly make our states and nation stronger.”

Kansas. Democrat Governor Laura Kelly offered the following: “Kansas has a long and proud history of welcoming the world’s refugees to our state. Refugees are not simply looking for a better home, they are fleeing some of the most horrific violence, war, famine, religious and cultural persecution of our time. Our country and our state can provide the security they need for a safer place to call home. The citizens of Kansas have shown time and again a strong commitment to welcoming refugees into communities statewide.”  She also said, “Refugees come to our country and state looking for a better place to live. Our country and our state benefit as they also make positive contributions in significant ways. They contribute to our economy, workforce and the cultural fabric of our state and nation.”

Maine. On December 16, 2019, the Democrat Governor of Maine expressed the following: “For more than forty years, and under the leadership of seven Democratic, Republican and Independent governors, Maine has participated in the federal refugee resettlement program. Over the course of those decades we have welcomed nearly 10,000 people from more than 30 countries – people who have resettled in Maine with the hope of finding peace, safety and work for themselves and their families.”

“Maine has a workforce shortage, projected to grow worse over the next decade, creating serious challenges for businesses seeking to hire qualified workers in every industry and in every sector of our economy. Our state welcomes refugees who have skills, education and ability, a proven work ethic and tremendous drive. It is the right thing to do, and it is critical to the strength of our economy and our future success as a state.”

Massachusetts. The Republican Governor of Massachusetts Charles D. Baker offered the following words: “ Massachusetts is committed to continuing to serve as a source of hope and opportunity, welcoming those seeking refuge with open arms and ensuring that newcomers feel safe, valued and supported as they settle into a new country and integrate into new communities.”

“The United States has a proud and noble tradition of serving as a country of refuge for those most vulnerable in the world. The Commonwealth welcomed 516 refugees last year, from 30 countries, and has welcomed 14,282 refugees over the past decade, from 59 countries. Throughout history, many of the refugees our Country admitted became distinguished scientists, government leaders, entrepreneurs, cultural icons, and public servants. We have much to gain in providing refuge to those in need. Foreign born employees provide significant support to our economy and make up a critical part of the health and human services sector workforce.”

Michigan. Democrat Governor Gretchen Whitmer had the following words: “Michigan has a rich history of welcoming refugees and other immigrants to our state. I am committed to ensuring that we remain a leader in responding to the needs of globally displaced families and individuals. We recognize the value of being a welcoming state, and the contribution of refugees to the fabric of our communities. Refugees enhance our state socially, culturally, and economically.”[2]

Minnesota. Democrat Governor Tim Walz put it this way, “Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home. In keeping with this proud history, I offer my consent to continue refugee resettlement in the State of Minnesota.” He added, “ Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.”

New Jersey. Democrat Governor Philip D. Murphy had the following lengthy rationale for consenting:

  • “New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response.”[3] He continued, “We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 ceiling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”
  • “New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response.”
  • “We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 cei ling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”
  • “Over two million of our residents are immigrants, including refugees, representing nearly 23 percent of New Jersey’s population. There is no doubt that refugees have contributed to the strength of our state and have enriched our communities economically, culturally and socially. Refugees who have made New Jersey their home have helped our state thrive by growing our workforce, starting businesses, contributing to local economies, and becoming valued friends and neighbors.”
  • “We took these actions because we recognize that new Americans are integral to our State’s culture and our economy. Immigrants and refugees in New Jersey include over 120,000 entrepreneurs, employ more than 389,000 people and contribute over $24.2 billion in federal, State, and local taxes. In fact, 43 percent of the State’s science, technology, engineering, and math-focused workforce are new Americans who play a significant part in maintaining the State’s role as a leading innovator in the STEM field. Supporting immigrant and refugee integration is a smart strategy for our State and our country.”
  • “We know that a strong and vibrant democracy like ours requires that we live out our values through our deeds. To do so, we must continue to hold true to who we are as Americans by helping those who come seeking refuge from violence and persecution around the world. My Administration looks forward to continuing to work together with cities and towns across our great State to welcome immigrants and refugees.”

New Mexico. Its Democrat Governor Michelle Lujan Grisham stated, “New Mexico has always welcomed immigrants of all types, including more than 2,500 refugees from 28 countries who have resettled in New Mexico since 2002, adding to the rich multicultural mix of which New Mexicans are so rightly proud.”[4] She also said, “Unlike other immigrants, refugees have been forcibly displaced from their homes, whether by war, famine, religious and cultural persecution or violence. They leave their home countries fearing for their lives, and they come to our shores and our borders often with nothing more than the clothes on their backs, desperate — not for a handout but for a chance to start over.” The New Mexico Governor concluded, “While refugees arrive needing our help, they are often quick to pay back the country and communities that welcome them. They get jobs and pay taxes. They open businesses. They contribute their cuisines and cultures, bringing us new forms of entertainment and understanding.”

North Carolina. Democrat Governor Roy Cooper offered the following words, “North Carolina was one of the first states to welcome refugees to the United States after the United States Refugee Act was signed into law in 1980. Our state has a strong network of community and faith-based groups which aid in resettlement of refugees who seek safety from persecution.”[5]

North Dakota. Republican Governor Doug Burgum said,” North Dakota has had success at integrating refugees who have become responsible citizens and productive members of the workforce.”

Oregon. Kate Brown, Democrat Governor of Oregon, told Secretary Pompeo that Oregon opposed the President’s recent Executive Order on “refugee resettlement, and ask that you return this year’s refugee admission number to previous annual levels. The values reflected in this Executive Order are not the values on which our country was built.”

“It is a sad day for a nation founded on the principle of welcoming ‘poor, tired, and huddled masses.’ Nobody chooses to be a refugee. Refugees are just like us. They have jobs and families. They are parents and friends, teachers and doctors, farmers and fishermen. Since 1975, Oregon has resettled 67,743 refugees. Refugees contribute every day to the strength of our economy, our communities, and our culture. About 70 percent of refugees find employment within the first few months of resettlement. They pay taxes, buy homes, and open businesses. Their search for freedom and a better future for themselves and their children embodies what it means to be an American.”

Pennsylvania. Democrat Governor Tom Wolf offered the following extensive comments:

  • “Pennsylvania has a rich history of opening its doors to those facing persecution and danger. William Penn founded our commonwealth on the principle of religious freedom, seeking to allow those in Europe to escape persecution.”
  • “It is vital that America retain its moral authority throughout the world. And that means that when vulnerable and displaced individuals seek refuge from violence and oppression elsewhere, we welcome them to find that refuge in America. This maintains our image as a beacon of hope and freedom, and shows the world that America is the antithesis of the places these individuals are fleeing.”
  • “For decades, refugees have made our communities better, and I am committed to continuing that tradition to the fullest extent of my ability. In communities from Allentown to Lancaster to Erie, and elsewhere, refugees are resettling, making a home, finding employment, starting businesses, paying taxes, and enriching their communities. Church World Service, based in Lancaster, has gained national attention for how it has brought refugees and communities together to find mutual understanding and build strong relationships despite differences. That, to me, is the best of America.”
  • “During past conflicts, America has accepted hundreds of thousands of refugees who were fleeing violence and persecution. [For example,] Jewish refugees came to Pennsylvania from Germany and other European countries to escape the Nazi occupation and religious persecution. . . . As millions of people in Eastern Europe, the Middle East, Asia, Latin America and Africa face violence, persecution, and death, we should continue to help those we can while taking care to protect our commonwealth and our country, just as we have done for hundreds of years. To reject refugees outright emboldens the message of those who seek to inspire hatred by saying that we, as Americans, do not have compassion or care for specific groups of people in the world facing persecution or worse.”
  • “I am dismayed that America is sharply reducing its commitment to extend a hand of hope and freedom to vulnerable families across the world. But I remain committed to ensure – to the fullest extent possible – that Pennsylvania continues our founding traditions of tolerance and acceptance.”

Texas. Although Texas is listed as consenting in the PMR website, there is no hyperlinked state consent letter and secondary sources say to date Texas Governor is noncommittal on the subject. Instead there is one from Judge Nelson W. Wolf, Bexar County, where San Antonio is located. The Judge said the following:

  • “By definition, refugees are individuals who have been forced to flee their home country due to persecution based on their race, religion, ethnicity, political opinion, or social group. Resettlement is the last resort for refugees who cannot return to their home country and cannot rebuild their lives where they first fled.”
  • “The United States is one of 27 resettlement countries, and has the most extensive refugee vetting in the world. Refugees undergo biometric screenings, medical checks, in-person interviews with specially trained officers from the Department of Homeland Security, and interagency checks involving DHS, the State Department, Department of Defense, FBI, and the National Counter Terrorism Center.”
  • “The USRAP [U.S. Refugee Admissions Program] is a prime example of a public-private partnership between the federal government, state and local governments, local non-profit organizations, and volunteers that provide refugees with the tools of self-reliance housing, community orientation, English-language classes, and job placement. Every day, community members in Bexar County, Texas are volunteering with resettlement offices to help refugees integrate and thrive.”
  • “Even before Congress enacted the Refugee Act of 1980, faith communities across the United States built what we know today as the USRAP, welcoming refugees from World War II, the Vietnam War, the Cold War, the Rwandan genocide, and the Syrian refugee crisis, just to name a few. In addition, faith communities are still deeply involved in refugee resettlement. This is part of our nation’s heritage and we are proud to welcome refugees.”
  • “Refugees are resilient, hard workers whose innovative skills have contributed greatly to our state. They have opened businesses, revitalized towns, and are productive members of our community. Multiple studies demonstrate that refugees are economic contributors and job creators.”

Utah. Republican Governor Gary R. Herbert offered these words in a letter to President Trump, “I encourage you to allow us to accept more international refugees in Utah. We have historically accepted and resettled more than 1,000 refugees each year from a variety of troubled regions of the world. Unfortunately, that number has dropped for the past two years and is on track to decrease more this year. We know the need has not decreased and are eager to see the number of admittances rise again.”

Governor Herbert went on. “Utah’s unique history informs our approach to refugees. Our state was founded by religious refugees fleeing persecution in the Eastern United States. Those experiences and hardships of our pioneer ancestors 170 years ago are still fresh in the minds of many Utahns. As a result we empathize deeply with individuals and groups who have been forced from their homes and we love giving them a new home and a new life.” He added, “And it turns out we do it quite well. Those refugees who resettle in Utah become integrated and accepted into our communities. They become productive employees and responsible citizens. They become contributors in our schools, churches and other civic institutions, even helping serve more recent refugees and thus generating a beautiful cycle of charity. This marvelous compassion is simply embedded into our state’ s culture.”

Virginia. Democrat Governor Ralph S. Northam said the following:

  • “Virginia has welcomed refugees who are fleeing war, persecution, or other dire circumstances. We know that no one chooses to abandon their home until conditions become so difficult that the unknown is preferable.”
  • “The United States has long presented itself as a haven, a place of stability and economic prosperity. We promote the ideals upon which this country was founded, of liberty and freedom. But lo uphold those ideals abroad, we must allow access to them here at home. We must practice what we preach.”
  • “Virginia helps refugees settle into new homes only in those localities that participate in the Virginia Community Capacity Initiative, which ensures that a community’ s elected officials, faith leaders, schools, and other stakeholders are committed to helping refugees build new homes and lives. We work with resettlement agencies that have deep ties to these communities. We have always been clear that successful resettlement only happens with community involvement.”
  • “Because of our proximity to Washington, D.C., we are a preferred location for many Special Immigrant Visa holders: Iraqi and Afghanistan refugees who provided services to the U.S. military in those countries, and whose lives and families are in danger because of that service.”
  • “In recent years, as the federal government has lowered the number of refugees accepted into the United States, Virginia’s refugee number has dropped. We have the capacity to accept and help more refugees than we currently have.”
  • “These are people who no longer have a home. History shows us that this could happen to any of us. We must all imagine ourselves in their shoes, and treat them as we would wish to be treated. If I were ever in such a position, I hope a friendly country would take me in and let me rebuild my life in peace and safety. I believe people of decency would share that hope. Virginia’s lights are on and our doors are open, and we welcome new Virginians to make their homes here.”

 Washington. Democrat Governor Jay Inslee had these words:

  • “[The] State of Washington wholeheartedly consents to welcoming and resettling refugees into our communities—a long and proud tradition that we intend to continue.”
  • “As the state that resettled the second highest number of refugees last year, we are honored to remain a place of safety and security for those fleeing persecution and violence. Since 1975, Washington has bought in nearly 150,000 refugees from 70 different countries, including Vietnam, Ukraine and the Democratic Republic of the Congo. Refugees contribute to all sectors of our economy—as teachers, service members, doctors, and more—while adding to our rich cultural landscape. They are an integral part of Washington’s past, present, and future.”
  • “Just last week, we celebrated the success of Dr. Anisa Ibrahim, a Washingtonian who resettled in our state after fleeing war-torn Somalia more than two decades ago. Only six years old when her family first arrived in the United States, Dr. Ibrahim later graduated from the University of Washington Medical School and now leads a pediatric clinic in Seattle—the same clinic that treated her when she and her siblings were children.”
  • “Her story is not unique. Throughout our state, children and families speak of similar circumstances, of having sacrificed everything to seek refuge in America from violence, starvation, and other horrors most of us will thankfully never experience. Many of these children are now leaders in our communities, bringing with them their unique perspectives on tragedy, perseverance, and triumph. Washington State is stronger and our communities are richer because of their important contributions.”
  • “given all of the benefits of a robust resettlement program, we should not cast aside our founding principles as a nation. Enshrined in the Statue of Liberty, the ‘Mother of Exiles,’ is our country’s commitment as a safe place for humanity’s most vulnerable. Lest we forget that, of the 26,000,000 refugees worldwide, more than half are children.”
  • “I remain troubled by the Administration’s deep cuts to refugee resettlement and disappointed that my call for a considerably higher number of refugees went unanswered. I hope you will recognize the success of our efforts in the coming year when your administration revisits the refugee cap for 2021.”

Wisconsin. Democrat  Governor Tony Evers told Secretary Pompeo, “Our state has a rich history of opening its doors to people of all backgrounds, experiences, and walks of life. Through the years, while the people seeking resettlement opportunity in Wisconsin have changed, their circumstances have not: they are people seeking a new life, they embrace American ideals, and they bring with them valuable skills and experience which benefit all of us.” He also said, “Following the end of World War II, Wisconsin welcomed its first refugees as defined by the United Nations 1951 Refugee Convention. Our state has since continued to offer opportunities for safety and a new life to those from around the world who are granted resettlement. Over the past two decades, Wisconsin has welcomed more than 16,000 refugees from countries around the world, including Laos, Vietnam, the former Yugoslavia, Somalia, and Iraq. Most recently, our state has welcomed people from Burma and the Democratic Republic of Congo.”

In addition, Evers said, “Refugees and immigrants are essential to Wisconsin’s economy, from manufacturing to education, and public service to agriculture and healthcare. At a time when we are seeing labor shortages across our state, it is irresponsible for the administration to place obstacles in the path of talented and hard-working folks seeking refuge and a better life.” Moreover, “our refugees are a critically important part of our families, our communities, and our culture—they are part of the fabric of our state. Wisconsin’s refugee population is resilient and determined—they want to help themselves and their family, they want to continue working toward their dreams of living safely and freely, and they are eager to give back to the communities who welcome them. These contributions and our diversity and our differences make us and our state stronger, not weaker.”

Other Evidence of Positive Impact of Refugees on U.S. Economy

There are at least two independent studies of the economic impact of refugees on the U.S. economy: the New American Economy’s report From Struggle to Resilience, the Economic Impact of Refugees in America (June 2017) and the National Bureau of Economic Research’s report The Economic and Social Outcomes of Refugees in the U.S. (June 2017), https://www.nber.org/papers/w23498

They have documented the following:

  • Refugees pay $21,000 more in taxes than they receive in benefits on average in their first 20 years in the U.S.
    • Refugee rates of entrepreneurship (15%) exceed other immigrants (11.5%) as well as U.S. born (9%).
    • Refugees become citizens at a higher rate than non-refugee immigrants. In 2015, 84% of eligible refugees were naturalized citizens as compared to 51% of other immigrants.
    • Refugee children do as well as U.S.-born children on measures of education attainment.
    • Over 77% of refugees are of working age as compared to 49.7% of the U.S.-born population, helping to meet U.S. labor force needs.

 Conclusion

All of the above points need to be widely publicized to promote wider public support for refugee resettlement.

=============================

[1]  See consent letters hyperlinked to list of states in State Dep’t, State and Local Consents Under Executive Order 13888. https://www.state.gov/state-and-local-consents-under-executive-order-13888/ See also sources listed in 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).

[2] Letter, Governor Whitmer to Secretary Pompeo(Dec. 10, 2019).

[3] Letter, Governor Murphy to President Trump (Nov. 1, 2019).

[4] Letter, Governor Grisham to Lutheran Family Services Rocky Mountain (Oct. 7, 2019).

[5] Letter, Governor Cooper to Secretary Pompeo (Dec. 9, 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]

==================================

[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).

 

 

 

 

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]

=================================

[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).

 

The Antiquated Constitutional Structure of the U.S. Senate 

This year’s U.S. election re-emphasizes, for this blogger, the antiquated nature of the U.S. Constitution, especially the U.S. Senate.

Alec MacGillis, a government and politics reporter for ProPublica and the author of “The Cynic: The Political Education of Mitch McConnell,” points out that Democratic voters are increasingly concentrated in certain cities and urban areas while the Constitution allocates two Senate seats to each state regardless of population. The juxtaposition of these phenomena “helps explain why the Democrats are perpetually struggling to hold a majority. The Democrats have long been at a disadvantage in the Senate, where the populous, urbanized states where Democrats prevail get the same two seats as the rural states where Republicans are stronger. The 20 states where Republicans hold both Senate seats have, on average, 5.2 million people each; the 16 states where the Democrats hold both seats average 7.9 million people. Put another way, winning Senate elections in states with a total of 126 million people has netted the Democrats eight fewer seats than the Republicans get from winning states with 104 million people.”[1]

Nevertheless, Democrats are seeing signs that they may gain control of the Senate this election.

However, Chris Cillizza, a Washington Post columnist, points out that this control may last only two years. The reason? In the next election in 2018, 25 of the 33 Senate seats up for election are currently held by Democrats, and five of these Democratic seats are in states that then-Republican presidential nominee Mitt Romney carried in 2012 (and even Trump is likely to carry on this year’s election): Indiana, Missouri, Montana, North Dakota and West Virginia. Three other Democratic seats are far from “safe” seats:  Sen. Bill Nelson (Florida) Sen. Sherrod Brown (Ohio) and Sen. Tammy Baldwin (Wisconsin). The Republican seats up for election in 2018, on the other hand, look like difficult challenges for the Democrats.[2]

These consequences of the current constitutional structure of the U.S. Senate suggest, as argued in a prior post, “that the U.S. Senate in particular needs radical reform if we are to retain a bicameral national legislature. To require 60% of the Senators to agree in order to do almost anything [due to the filibuster rule,] for me, is outrageous. It should only be 51% for most issues. This deficiency is exacerbated by the fact that each state has two and only two Senators regardless of the state’s population. Yes, this was part of the original grand and anti-democratic compromise in the late 18th century when there were 13 states. But the expansion of the union to 50 states has made the Senate even more anti-democratic.” [3]

Since “I believe that it would not be wise to increase the size of the Senate to reflect the population of the states (like the allocation of seats in the U.S. House of Representatives) and that each state should continue to have two Senators in a bicameral upper house, I suggest for discussion that there be weighted voting in the Senate. Each Senator from Wyoming (the least populous state in 2010 with 564,000) would have 1 vote, for example, but each Senator from California (the most populous state in 2010 with 37,254,000) would have 66 votes (37254/564 = 66.05). This approach would produce a total Senate vote of 1,094 (total U.S. population in 2010 of 308,746,000 divided by 564,000 (population of Wyoming) = 547 x 2 = 1094). The weightings would be changed every 10 years with the new census population figures.”

Such changes would aid the U.S. government in addressing the many problems facing the nation, instead of the continuation of the gridlock that has helped to prevent progress on these many problems.

==========================================

[1] MacGillis, Go Midwest, Young Hipster, N.Y. Times (Oct. 22, 2016).

[2] Cillizza, Even if Democrats Win the Senate in 2016, their majority is unlikely to endure, Wash. Post (Oct. 23, 2016).

[3] The Antiquated U.S. Constitution, dwkcommentaries.com (Mar. 28, 2012).

Battling Australian and Wisconsin Courts

In the mid-1980’s Sentry Insurance A Mutual Company (Sentry) of Stevens Point, Wisconsin, and the parent of The Sentry Corporation, sold its Australian operations to an Australian insurance company. Thereafter the Australian buyer alleged that the financial statements for the purchased operations were materially overstated.

Federal Courthouse, Sydney, Australia
Courthouse, Stevens Point, WI

This set the stage for a conflict and battle between the Federal Court of Australia and the state courts of Wisconsin. It is an illustration of the unnecessary disputes that can be generated by litigation over international commercial disputes and that would not exist in an agreed-to international arbitration.[1]

In 1987 the Australian insurance company (the buyer) commenced a lawsuit in the Federal Court of Australia against The Sentry Corporation (the seller) and Peat Marwick Mitchell & Co. (PMM), an Australian accounting firm, for money damages caused by those alleged material financial misstatements. The Sentry Corporation made a cross claim against PMM in that case, and the case was scheduled to commence trial in Australia in October 1990.

In October 1988 Sentry commenced a lawsuit in Wisconsin state court in its home town of Stevens Point against KPMG Peat Marwick, the U.S. affiliate of PMM, relating to these issues.  In January 1990 Sentry amended its complaint to add PMM (the Australian accounting firm) as a defendant, and I was retained as PMM’s attorney.

My first maneuver was a motion to dismiss the Wisconsin complaint for lack of personal jurisdiction over the Australian accounting firm[2] and alternatively to stay or postpone the Wisconsin case until the prior Australian litigation was resolved.

Before the Wisconsin dismissal and stay motion was decided, however, the plaintiff (Sentry) noticed the oral depositions of nine PMM auditors to be taken for the Wisconsin case in Sydney, Australia. While such depositions are common practice in U.S. civil litigation, they are not in Australia and most other countries, and PMM and I believed that such depositions were a tactical move by Sentry to gain an unfair advantage in the Australian litigation. Therefore, we moved the Wisconsin court to prohibit the depositions, but the Wisconsin court denied the motion.[3]

I, therefore, went to Sydney to prepare the Australian auditors for their depositions and to defend those depositions, but after I was there, PMM requested the Australian court to issue an injunction against the depositions taking place on Australian soil. The Australian court granted that injunction. Thus, the depositions did not take place in Sydney.

Later, after my return to the U.S., the Wisconsin court denied PMM’s motion to dismiss for lack of personal jurisdiction and granted Sentry’s motion to strike that defense to the Wisconsin plaintiff’s claims.[4]

PMM then sought and obtained permission to take interlocutory appeals (immediate appeals before final judgment) to the Wisconsin Court of Appeals from the denial of PMM’s motion to bar the depositions and from the denial of its personal jurisdiction motion and defense.

Before the Wisconsin appeals were argued and decided, however, trial of the Australian case commenced. Contrary to Australian and U.S. general practice, the Australian insurance company’s expert witness was called as the first witness (instead of waiting until all the fact witnesses had testified) and was demonstrated not to have expertise on at least some of the subjects of his proposed testimony. As a result, the plaintiff’s barrister had a nervous breakdown. This triggered the collapse of  the Australian plaintiff’s case and a truly global settlement that ended all of the litigation.

I should add that as I did not have much to do in Australia for the Wisconsin case after the Australian court enjoined the depositions. I thus had some time for personal pleasure.

Sydney Opera House

I attended a production of “Aida” at the spectacular Sydney Opera House and saw many interesting sights in that great city.

Heron Island, Great Barrier Reef

 

I also went scuba diving near Heron Island on the Great Barrier Reef. I flew from Brisbane, Australia to Heron Island by helicopter and saw large triangular manta rays in the water from the air. In the hotel on the Island a male nurse from Melbourne, Australia and I formed an unbeatable team in an international game of Trivial Pursuit.

Qantas 747

My return 14-hour flight to Los Angeles on Qantas Airlines was rescheduled, and much to my consternation the only available seat was in the smoking section. I was told not to worry because I probably could be re-seated on the plane itself. That happened. I got a very comfortable and quiet seat in the upper deck of the 747.

My Australian adventure was over. Thereafter I often referred to this Australian jaunt as the best business trip I ever took.


[1] See Post: Resolving Disputes between Manufacturers and Distributors/Dealers (Aug. 9, 2011); Post; International Commercial Dispute Resolution (Aug. 11, 2011).

[2] See Post: The Personal Jurisdiction Requirement in Civil Litigation in U.S. Courts (Aug. 8, 2011).

[3] Order, Sentry Ins. v. KPMG Peat Marwick, No. 88-CV-481 (Wis. Cir. Ct. Portage Cty, May 24, 1990).

[4] Decision and Order, Sentry Ins. v. KPMG Peat Marwick, No. 88-CV-481 (Wis. Cir. Ct. Portage Cty, June 28, 1990).