The Department of Justice on Tuesday filed a written opposition to Texas’ lawsuit attempting to block the federal government from resettling Syrian refugees in the state, arguing that the state did not provide evidence that the refugees would pose a threat to Texas.
The state of Texas in December sued the federal government and the International Rescue Committee, a nonprofit that helps resettle refugees, in an attempt to keep Syrian refugees from moving to the state. Texas argued that the federal government had not provided enough information about the refugees and said that the refugees pose security concerns.
A federal judge in December denied a temporary restraining order requested by the state to block a Syrian refugee family set to arrive in Texas. The judge wrote that the evidence provided by the state claiming that the refugees were potentially dangerous was based on “largely speculative hearsay.”
In its Tuesday opposition to Texas’ request for an injunction, the Justice Department mentioned the judge’s decision while arguing that Syrian refugees do not pose a substantial threat to the state of Texas.
“Plaintiff has not demonstrated that Syrian refugees whom the Federal Government may resettle in Texas while this case is pending pose any danger, much less an imminent one, to Texas residents or any Americans. Plaintiff’s assertions of harm are based on inadmissible hearsay and are at best speculative, this court has already found,” the opposition reads. “That conclusion alone is fatal to Plaintiff’s request for preliminary relief.”
“Plaintiff certainly has presented no evidence that the Syrian refugees who will be resettled in Texas during the pendency of this lawsuit pose a danger to anyone anywhere,” the Justice Department adds later in the opposition.
The Justice Department also argues that while the Texas government has asked the federal government for specific information about refugees, the Refugee Act only requires the federal government to regularly consult with states about refugee resettlement.
“It does not create an enforceable legal obligation to provide a State with information about individual refugees so the State may play an independent role in determining who can be resettled there,” the opposition reads.
Experts agree that the law does not make clear that the federal government is must share specific information with the states.
