Feds to ask for dismissal of Tennessee's refugee lawsuit

The Tennessean

The federal government will ask for a dismissal of Tennessee’s lawsuit over refugee resettlement, according to document filed in federal court on Monday.

While seeking more time to file their request, attorneys for the Department of Justice said Tennessee lacks standing and “their claim is unripe.”

The U.S. Department of Justice will ask a federal judge to dismiss a lawsuit filed by Tennessee over settling refugees in the state. But first, federal attorneys are asking a judge for more time to prepare their response to the original lawsuit.

In March, Tennessee became the first state in the nation to sue the federal government over refugee resettlement, citing a violation by federal officials of the 10^th Amendment. The amendment says the federal government possesses only the powers delegated to it by the U.S. Constitution, with all other powers reserved for the states.

The lawsuit argues the federal government has unduly forced states to pay for refugee resettlement programs. The federal refugee act was designed to create a permanent procedure for the admission of refugees into the United States.

The lawsuit asks the court to force the federal government to stop resettling refugees in Tennessee until all costs associated with the settlement are incurred by the federal government.

In a brief response to the state’s lawsuit, federal attorneys say the state’s claims “lacks merit.”

While explaining that they'd like until June 1 to prepare for their request for dismissal of the lawsuit, DOJ attorneys say they've been preoccupied with other matters.

“Defendants’ counsel have worked diligently to prepare their motion to dismiss, but due to the number and complexity of the issues, and the unexpectedly heavy press and urgency of business in other litigation for which undersigned counsel is responsible, Defendants require additional time,” the filing states.

Chad Readler, who has been involved in federal court cases related to President Donald Trump’s executive action on sanctuary cities, is among several attorneys for the federal government handling Tennessee’s lawsuit.

The defendants named in the lawsuit include the U.S. Department of State; Secretary of State Rex Tillerson; the Bureau of Population, Refugees and Migration; the U.S. Department of Health and Human Services; and the Office of Refugee Resettlement.

Tennessee's legal action was filed by the Thomas More Law Center, a Michigan-based legal group, which was selected after lawmakers overwhelmingly approved a resolution approving the lawsuit and after Tennessee Attorney General Herbert Slatery declined to initiate the case.

Senate Majority Leader Mark Norris, R-Collierville, who is an attorney, said he wasn’t surprised to hear about the latest filing from the federal government.

“It’s pretty much par for the course that it follows this course and depending on the ruling and how we feel about it there’s always a right of appeal,” he said.

In Tennessee, Catholic Charities serves as the designated resettlement agency. Agency officials have said the vast majority of funding for their program comes from the federal government.

Organizations such as the American Civil Liberties Union of Tennessee and the Tennessee Immigrant and Refugee Rights Coalition have slammed the lawsuit, saying it will negatively affect the state’s refugee community and perpetuate a culture of fear.

Reach Joel Ebert at jebert@tennessean.com or 615-772-1681 and on Twitter @joelebert29.