[Rushtalk] You'll Take 'Em And Like It!

John Quayle blueoval57 at verizon.net
Thu Apr 5 11:47:51 MDT 2018

/*Well, I don't see a constitutional precedent for or against, 
actually................ */

On 4/5/2018 12:30 PM, Stephen Frye wrote:
> NationBuilder
> Going against public opinion should have NOTHING to do with it.
> *From:*rushtalk-bounces at csdco.com <rushtalk-bounces at csdco.com> *On 
> Behalf Of *John Quayle
> *Sent:* Thursday, April 5, 2018 7:51 AM
> *To:* Rushtalk Discussion List <rushtalk at csdco.com>
> *Subject:* [Rushtalk] You'll Take 'Em And Like It!
> */There ought to be immediate impeachment for judges who go against 
> both the written law and public opinion: /*
> ACT For America
>   Refugee Resettlement Reaches Boiling Point in Tennessee
>       The refugee resettlement crisis has reached a boiling point in
>       the United States. Public opinion polls
>       <https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.actforamerica.org%2Fr%3Fu%3Dhttps%253A%252F%252Fwww.bloomberg.com%252Fnews%252Farticles%252F2015-11-18%252Fbloomberg-poll-most-americans-oppose-syrian-refugee-resettlement%26e%3D7f4c8cd16174fa12896c4b827ffc5a7e%26utm_source%3Dactforamerica%26utm_medium%3Demail%26utm_campaign%3Dtnrefugee_entiremembership%26n%3D1&data=02%7C01%7C%7C5b0fd26d0bc14a925aee08d59b04b5be%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636585366890718448&sdata=j8eBoNwCQuljVu83XcaVFMM0OfDjlxT1AOBEZgXqxTI%3D&reserved=0>dating
>       back to 2015 have shown that the majority of Americans/do not/
>       want to risk their safety in favor of refugee resettlement
>       programs. Unfortunately, federal government programs have been
>       implemented to force states to pay for resettlement, regardless
>       of whether they participate in the federal program or not.
>       Now, more than ever, it is important for us to organize a
>       unified front in defense of our freedom, values, and security.
>       Join us at our 10th annual national conference to receive
>       first-class activism trainings that will give you the tools you
>       need to enact change in your community. Click here
>       <https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.actforamerica.org%2Fr%3Fu%3Dhttps%253A%252F%252Fweb1.actforamericaorg%252F%26e%3D7f4c8cd16174fa12896c4b827ffc5a7e%26utm_source%3Dactforamerica%26utm_medium%3Demail%26utm_campaign%3Dtnrefugee_entiremembership%26n%3D2&data=02%7C01%7C%7C5b0fd26d0bc14a925aee08d59b04b5be%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636585366890718448&sdata=jJcM9nMcvsp29YQEoVpJP2xmQ0gUir0lkHoqSbZrR10%3D&reserved=0>for
>       more information.
>     *Judge To Tennessee: You’ll Take Refugees Whether You Want To Or
>     Not*
>     <https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.actforamerica.org%2Fr%3Fu%3Dhttp%253A%252F%252Fthefederalist.com%252F2018%252F04%252F02%252Fjudge-tennessee-youll-take-refugees-whether-want-not%252F%26e%3D7f4c8cd16174fa12896c4b827ffc5a7e%26utm_source%3Dactforamerica%26utm_medium%3Demail%26utm_campaign%3Dtnrefugee_entiremembership%26n%3D3&data=02%7C01%7C%7C5b0fd26d0bc14a925aee08d59b04b5be%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636585366890718448&sdata=te06A5OyYhyEjZWrFBrXlmLoT0KjehVpGtHAzoBBvWo%3D&reserved=0>
>       /The Federalist/
>       <https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.actforamerica.org%2Fr%3Fu%3Dhttp%253A%252F%252Fthefederalist.com%252F%26e%3D7f4c8cd16174fa12896c4b827ffc5a7e%26utm_source%3Dactforamerica%26utm_medium%3Demail%26utm_campaign%3Dtnrefugee_entiremembership%26n%3D4&data=02%7C01%7C%7C5b0fd26d0bc14a925aee08d59b04b5be%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636585366890718448&sdata=VJaPN6K%2BhGH%2BIknQ0nEWVsvYZNf8XwVvuf1%2FAnON6bU%3D&reserved=0>
>       /Author: James Simpson
>       <https://eur01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.actforamerica.org%2Fr%3Fu%3Dhttps%253A%252F%252Ftwitter.com%252Fjamesmsimpson%26e%3D7f4c8cd16174fa12896c4b827ffc5a7e%26utm_source%3Dactforamerica%26utm_medium%3Demail%26utm_campaign%3Dtnrefugee_entiremembership%26n%3D5&data=02%7C01%7C%7C5b0fd26d0bc14a925aee08d59b04b5be%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636585366890718448&sdata=QpX6vkFOLs4vJRmgmgb%2BRqBudW9Ent9w2e9tVSDrkyA%3D&reserved=0>/
>       /Many aspects of the refugee resettlement program force states
>       and local governments to continue to accept refugees even if
>       they choose not to participate./
>       Last March, the Thomas More Law Center (TMLC) initiated a
>       lawsuit against the federal government on behalf of the
>       Tennessee legislature, charging the refugee resettlement program
>       imposes *unconstitutional unfunded mandates, requiring states to
>       pay for resettlement whether they participate in the federal
>       program or not.*For a year, the sides engaged in legal maneuvers
>       while the judge dawdled.
>       This March, despite multiple Supreme Court rulings that the
>       federal government cannot compel states to pay for unfunded
>       federal mandates, the judge dismissed the case. He claimed the
>       state of Tennessee, while fully responsible for financing the
>       state’s share of resettlement program costs, did not have
>       standing to bring the suit.
>       Many aspects of the refugee resettlement program force states
>       and local governments to continue to accept refugees even if
>       they choose not to participate in the program, and pay for a
>       laundry list of services to those refugees once resettled. The
>       lawsuit focused specifically on the requirement for the state to
>       pay exorbitant Medicaid costs or risk losing up to $7 billion in
>       federal Medicaid reimbursements, an amount equal to 20 percent
>       of the entire state budget.
>       In his 43-page decision, the judge ruled that, according to
>       Tennessee law, only the Tennessee attorney general had the
>       authority to sue, but would not have standing anyway because the
>       state had not first attempted to gain relief through an
>       administrative appeal directly to the federal government.
>       (Tennessee’s attorney general and governor had declined to back
>       the suit.) Thus the state would be put in the impossible
>       position of having to first lose some or all of that $7 billion
>       before it could sue.
>       The case demonstrates how convoluted the refugee resettlement
>       program is, and despite the enormous burdens it places on state
>       and local taxpayers, has remained resistant to successful challenge.
>       *Sticking It to Tennessee for Obeying the Law*
>       The day after the decision, the Center for Immigration Studies
>       held a discussion at the National Press Club, “Should States Be
>       Able to Opt Out of the Refugee Resettlement Program?” In
>       attendance were CIS Executive Director Mark Krikorian, CIS
>       refugee resettlement expert Don Barnett, TMLC President Richard
>       Thompson, and St. Cloud, Minnesota, City Councilman Jeff Johnson.
>       Remarking on the ruling, Thompson stated, “The judge basically
>       backed off because it was too controversial and ruled on the
>       basis of standing of the legislature to bring the lawsuit, and
>       standing of some very courageous individual legislators who put
>       their name in the lawsuit as well.”
>       “It reminds me of the tale of two legislatures,” he said. “On
>       the one hand, you have the General Assembly of Tennessee taking
>       a strong stand, believing that the government is wrong, and yet
>       not violating the rule that the government has set. They go into
>       court through the due-process aspects of the case and make a
>       case that this government is violating the Tenth Amendment and
>       the Spending Clause. On the other hand, you have the tale of a
>       California legislature who says I don’t give a d-mn what the
>       federal government says and they go ahead and violate whatever
>       rules that they feel that they can get away with.”
>       Thompson said he believed the decision had numerous holes, and
>       if the plaintiffs were willing, he would appeal, as far as the
>       Supreme Court if necessary.
>       *Refugee Resettlement Affects Communities*
>       The panel focused on the lawsuit and an excellent analysis of
>       the issue published in January by Don Barnett. Barnett noted,
>       “When the Obama administration raised the refugee admission
>       quota for fiscal year 2017 to 110,000 – a really great raise
>       over his average. His average is probably about 75,000 a year.
>       So it was raised to 110,000 on the way out. New Jersey, Maine,
>       Kansas, and Texas formally withdrew from the program. Actually,
>       however, this is a program that states can never leave.”
>       Johnson has seen refugee resettlement problems played out in his
>       community up close. With a rapidly expanding Somali refugee
>       population, St. Cloud is beset with a crime rate 92 percent
>       higher than the state average, the prospect of terrorism (last
>       September a Somali Muslim refugee stabbed 10 people at the local
>       mall before being shot and killed by an off-duty policeman), and
>       cultural clashes.
>       Johnson gained notoriety last October when he proposed a
>       resolution declaring a moratorium on refugee resettlement to St.
>       Cloud. Despite strong support from city residents, the council
>       overwhelmingly rejected Johnson’s proposal.
>       *Don’t Want to Run a Refugee Program? Tough*
>       The 1980 Refugee Act created the U.S. Refugee Assistance
>       Program, which uses private, tax-exempt organizations called
>       “voluntary agencies” or “VOLAGs,” and a network of subsidiaries,
>       called “affiliates,” to resettle refugees within the United
>       States. These organizations are paid by the head to resettle
>       refugees. The act requires consultation with state and local
>       governments before refugees can be resettled, and allows states
>       to opt out of the program altogether.
>       The act also promised to cover the state portion of federal
>       welfare program costs for refugees for three years. This was an
>       important factor in passing the act because refugees use welfare
>       at rates much higher that of U.S. citizens or even other
>       immigrant groups.
>       Recent court decisions in Texas and Alabama have questionably
>       declared the “consultation” provision advisory only. VOLAGs
>       largely ignore it anyway. Furthermore, by 1991 the federal
>       government had stopped providing reimbursement to states for the
>       state share of refugee welfare costs.
>       Finally, in 1995, the Office of Refugee Resettlement (ORR) of
>       the Department of Health and Human Services created a regulation
>       (45 CFR 400.301) allowing VOLAGs to take over the role of state
>       governments in refugee resettlement when those states choose to
>       drop out of the program.
>       States that opt out become known as “Wilson-Fish“ states, named
>       after a 1984 refugee law proposed by Reps. Pete Wilson and
>       Hamilton Fish that suggested alternative ways for refugees to
>       receive welfare. The regulation, however, is not based on the
>       actual law. ORR essentially invented it to continue
>       taxpayer-funded resettlement in states that no longer willingly
>       participate.
>       *When States Aren’t In Charge, the Numbers Spike*
>       VOLAGs receive anywhere from $3,000 to $5,000 for each refugee
>       they resettle, so they seek to maximize refugee numbers, and
>       find it much easier to place more in states with no oversight.
>       The numbers make the case.
>       Between fiscal year 2002 (the earliest state-by-state data
>       available) and fiscal year 2017, Alabama, Alaska, Kansas,
>       Kentucky, Maine, Nevada, New Jersey, North Dakota, Tennessee,
>       and Texas dropped out. Of these, five have been run by VOLAGs
>       long enough to compare resettlement data before the state left
>       the program and after. The table below shows the results.
>       Note that even in just the first year, refugee resettlement in
>       those states shot up an average of more than 50 percent. In
>       total, these states have seen an average annual increase of 127
>       percent since they relinquished program oversight.
>       As a result of all these factors, the refugee resettlement
>       program has evolved into a largely unfunded mandate on states,
>       and especially in Wilson-Fish states. The TMLC complaint
>       specifically charged:
>       Defendants have exceeded and, absent relief from this Court,
>       will continue to exceed the powers granted to the federal
>       government under the Spending Clause of the United States
>       Constitution as well as the limits imposed upon the federal
>       government by the Tenth Amendment, thereby infringing upon the
>       constitutionally-protected sovereignty and powers of the State
>       of Tennessee.
>       Defendants included the U.S. Departments of State and Heath and
>       Human Services, their respective refugee resettlement offices
>       and leadership, including former Secretary of State Rex
>       Tillerson and HHS Secretary Tom Price. The government, under
>       newly appointed Attorney General Jeff Sessions, filed for
>       dismissal. Perhaps Sessions was overwhelmed in his new job and
>       poorly served by those underneath him, but this was one
>       opportunity to rein in the out-of-control refugee program.
>       The House Judiciary Committee under Bob Goodlatte introduced the
>       Refugee Program Integrity Restoration Act (H.R. 2826), last
>       June. Among other things, it assures that states that leave the
>       program will not get more refugees against their will. The bill
>       has languished in committee.
>       But there is a much easier way to accomplish the same goal. That
>       would simply be to rescind regulation 45 CFR 400.301. The
>       administration could do this today, giving Wilson-Fish states an
>       immediate break. Then the lawsuit could continue its long march
>       through the courts on appeal until it reaches a sane jurist. It
>       would then be immediately declared unconstitutional, and that
>       would be the end of the story.
> -=-=-
> ACT for America · 1300 Pennsylvania Ave NW, Suite 190, #614, 
> Washington, DC 20004, United States
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