Attorney General Says State Cannot Refuse To Accept Syrian Refugees

  • Monday, November 30, 2015

Tennessee Attorney General Herbert Slattery III says in an opinion that the state cannot legally refuse to accept Syrian refugees.

In the opinion issued Monday, he stated, "Such a refusal would impinge on and conflict with the federal government's authority to regulate the admission of aliens to the United States and thus would violate the Supremacy Clause of the U.S. Constitution."

The attorney general added, "It bears noting that, while the State of Tennessee must respect the federal government's determination that particular aliens are entitled to refugee status and admission to the United States,the State is not precluded from communicating with the federal government about concerns relating to the placement of refugees within the State.

"Federal law specifically requires the agencies that are responsible for refugee resettlement to consult with State and local governments concerning 'the intended distribution of refugees among the States and localities before their placement in those States and localities.'

"And those agencies are required, to the extent possible, to "take into account recommendations of the State." Tennessee law, too, recognizes the importance of communication between the State and the federal government; it establishes a process for Tennessee's office of refugees to request a moratorium from the federal government on refugee resettlement in localities that lack 'absorptive capacity.' ""

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