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Refugee, Faith Groups Respond to Tennessee GOP Uproar Over Asylum Seekers

by Anita Wadhwani, Tennessee Lookout

After state Republican leaders condemned a plan to bring asylum seekers to Tennessee, faith leaders and immigrant advocates pushed back on “misleading” and “fear mongering” rhetoric they said runs contrary to the values of the Volunteer State.

In a flurry of statements released last week, Gov. Bill Lee, GOP Sens. Marsha Blackburn and Bill Hagerty, along with GOP leaders in the state legislature demanded that the Biden administration reverse a plan – still in its preliminary stages – to coordinate transportation of asylum seekers with advocacy groups and churches in Nashville. 

“This is irresponsible and a threat to the safety of Tennesseans,” Lee said in his statement. Blackburn suggested the federal government was “trafficking illegal migrants into our state.” And Attorney General Jonathan Skrmetti cited the “terrible harms” of an unsecured border that include fentanyl deaths and “child sex traffickers.”

The fact is none of this is new. What is new, and an important first step, is a good faith effort to organize a coordinated response between governments and local process, to ensure that it is orderly.

– Lisa Sherman Luna, Tennessee Immigrant and Refugee Rights Coalition

On Wednesday, immigrant advocates noted that the plan was an effort by the federal government to coordinate what has been a loose and ongoing process of migrants making their way to Nashville after being vetted and released by ICE officials, often for short stints before reuniting with family in other states. 

“For decades, Tennesseans have done this work formally and informally,” said Lisa Sherman Luna, executive director of the Tennessee Immigrant and Refugee Rights Coalition, citing a history of welcoming immigrants and refugees that stretch back to the 1960s when Cubans arrived and continues today with Afghan and Ukrainian refugees.  “We’ve welcomed people and supported them as they rebuild their lives in this country.”

“The fact is none of this is new,” she said. “Welcoming and hospitality is woven into the fabric of who Tennesseans are…What is new, and an important first step, is a good faith effort to organize a coordinated response between governments and local process, to ensure that it is orderly.”

“While we’ve seen other governors and mayors who have responded to newcomers arriving in buses from border states, using their power and resources to make the process as smooth as possible, Gov. Lee’s response is really extreme and out of step with his constituents. Everyday Tennesseans don’t need or want a governor who creates a crisis by going on Fox News. We need leadership who is going to live up to our values, who will join the work of our communities and not miss an opportunity to help people get home to their families in time for Christmas.”

Several weeks ago, Sherman Luna and other groups got word that federal immigration officials were seeking an orderly way to transport asylum seekers from federal immigration processing centers – a process that currently requires immigrants to make their own way to their final destination.

The plan called for federal officials to pay for buses to transport those who wished to travel to Tennessee. Local nonprofits and churches quickly stepped up to plan for temporary beds, transportation vouchers for flights out of Tennessee, food, diapers and other necessities, Sherman Luna said.

Tennessee Attorney General Jonathan Skrmetti said he is “exploring all options” to halt plans to coordinate coordinate transportation of asylum seekers with advocacy groups and churches in Nashville.

“When we put the call to action out, calling on people to help us get loved ones home just in time for Christmas we were overwhelmed with the support from volunteers, from churches and other partners who quickly stepped up to organize a robust and welcoming infrastructure,” she said. 

The status of those plans remains unclear. Skrmetti said he was “exploring all options” in efforts to halt the plans. 

The vast majority of the immigrants are asylum seekers who have followed the legal process of presenting themselves at the U.S. border, assessed and found to have a credible fear of persecution in their home countries, said Lisa Graybill, vice president of Law and Policy for the National Immigration Law Center, who joined a press call with reporters to respond to Republican’s claims. 

A small minority of the immigrants would fall into a subset of asylum seekers who are making a second or subsequent attempt to come to the United States, she said. All of the potential immigrants have immigration court dates, are required to check in regularly with federal immigration officials and cleared the first hurdle in their asylum claims. 

The Border Patrol also screens all immigrants against multiple public safety databases, and assess whether the individual poses a general threat to public safety before releasing any individuals, an ICE spokesperson said.

 

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

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TN GOP Blast Federal Move to Locate Immigrants Here

The federal government is apparently looking to relocate some immigrants out of its custody, and the thought of releasing them in Tennessee brought a storm of criticism and complaint from Tennessee conservatives. 

Tennessee Governor Bill Lee, and U.S. Senators Marsha Blackburn (R-Tenn) and Bill Hagerty (R-Tenn) made noise about the plan Tuesday. In a news statement, they claimed the White House and U.S. Immigration and Customs Enforcement (ICE) were planning “to release an unspecified number of single adult migrants into Tennessee” and blamed the move on “continued inaction to secure the Southern border.” 

Tennessee Lookout questioned ICE about it, only to be told they have “not transported non-citizens for release to Tennessee.” ICE has not announced the move on its website nor on social media. 

However, a Tuesday news alert from the Tennessee Immigrant and Refugee Rights Coalition (TIRCC) seemed to confirm that some detained immigrants may be released here.   

“The federal government recently reached out to city and state government officials, as well as non-profits and faith communities, to coordinate an orderly process to assist asylum seekers and others who have been processed and cleared to leave immigration custody in traveling to reunite with family members,” TIRCC said in a statement. 

Gov. Lee said his office was notified of the move Monday afternoon by the Biden Administration. The plan would “transport multiple busloads of single adult detainees from ICE facilities in New Orleans into Tennessee, beginning as soon as this week. Federal officials have not shared any further details. The governor’s office continues to push back on the plan.”

Lee called the move “irresponsible” and a “threat to the safety of Tennesseans.” He also battled an ICE move in 2021 that brought migrant children to the state on airplanes in “the dead of night.” 

But in a statement on ICE’s recent plan, Lee’s focus once again shifted from Tennessee to the “Southern border.” Earlier this year, Lee sent about 50 Tennessee National Guard members to Texas to “curb a surging drug crisis.”

“[Seven thousand] people unlawfully enter our country every day,” Lee said. “This crisis is too big to ignore, and the only way to stop it is to secure the border. 

“Placing the burden on states is not a solution, and we should not bear the brunt of the federal government’s failures. We are demanding the Biden administration reverse their plan for detainee relocation. In the meantime, we’re also discussing options with the Tennessee Attorney General and our federal delegation.”

Two of the top leaders of that delegation made it clear they won’t want the immigrants in Tennessee either. Blackburn said she, Lee, and Hagerty “will be utilizing all possible options to stop President Biden from trafficking illegal migrants into our state.”

“Biden created this crisis by terminating successful Trump-era immigration policies, including Remain in Mexico and safe third-country agreements,” Blackburn said in a statement. “Tennesseans will not stand for this flagrant abuse of law and order.” 

Hagerty said the flow of immigrants into the U.S. has “brought heartbreaking consequences to communities throughout America in the form of increased drug overdoses.” These have strained resources for hospitals, schools, and local communities, he said. It has also put national security at risk as a number of those crossing “are on terrorist watch lists.”

“This is unacceptable,” Hagerty said. “A nation without a border is not a sovereign nation. President Biden cannot ignore this crisis any longer.”

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Tennessee Legislators Advance Two Bills Targeting Refugee Resettlement

A Tennessee House committee advanced two anti-refugee bills Thursday, that one refugee rights group calls hateful and untimely as the state grapples with a global pandemic and civil unrest.

The first bill, HB 1929, sponsored primarily by Rep. Ron Gant (R-Rossville), seeks to prohibit the governor from requiring the state to consent to refugee resettlement, unless authorized by a joint resolution of the general assembly. Gant said the legislation is designed “only to encourage a dialogue between our members and Governor [Bill] Lee so we can continue to determine the cost and any potential safety issues with the refugee resettlement program.”

The legislation is not about “whether you’re for or against refugees coming to Tennessee,” Gant said, but instead about who should appropriate the money for the resettlement program.

Gant said the federal government shifted resettlement costs to states after the passage of the Refugee Act of 1980, creating an “unconstitutional bypass of the Tennessee General Assembly’s exclusive power to appropriate public money.” This is the reason the general assembly filed a lawsuit against the federal government over refugee resettlement in 2017, which is still ongoing.

“While we can be compassionate about those being persecuted, we must also ensure that we are effectively meeting the needs of Tennesseans first,” Gant said. “Our state has always been welcoming to countless generations of individuals who have used the legal process to relocate here. As the legislature, it is our responsibility to appropriate money, and respectfully, not our governor’s.” Gant added that given the current economic situation, that the bill is “crucial now more than ever, as we deal with our budget and taking care of Tennesseans first.”

Rep. Harold Love Jr. (D-Nashville) raised the question of how much money those resettled in Tennessee contribute to the sales tax base here. Gant said he has no data on that, but “I would be welcome to seeing those numbers.”

“Oftentimes, what happens is as we talk about money being expended, we never talk about money received,” Love said. “We focus on what goes out and not comes in.” Love said there are “possibly a good number of refugees that have settled here who are engaging in work that may even contribute to Tennessee being a great state.”

Rep. Jason Powell (D-Nashville) echoed Love, saying he “strongly feels that a lot of the refugees here in Tennessee are contributing in a very positive economic way to this state.” The bill passed with a voice vote, in which the ayes prevailed. Rep. Rick Staples (D-Knoxville) and Rep. Bill Beck (D-Nashville) requested their no votes be noted.

The second bill, HB 1578, sponsored by Rep. Bruce Griffey, would require the state and local governments to refuse to consent to receive any refugees for purposes of resettlement. Under the bill, a local government can consent to resettlement by adoption of a resolution or ordinance gaining at least two-thirds vote. However, both houses of the general assembly would still be required to okay that decision before it can go into effect.

“If it’s issues that are going to impact the local community, I think the local community ought to be able to have a say so in the decisions that impact their communities,” Griffey said.

Beck, who is opposed to the legislation, said he is “proud” of the refugee resettlement program and that Tennessee should stay “welcoming and honoring.”

“These are people who, for the most part, have aided the United States overseas and we should look to reward those people,” Beck said. The committee voted 5-2 in favor of the bill, with Staples and Beck again voting no.

Representatives with the Tennessee Immigrant and Refugee Rights Coalition (TIRRC) opposed the advancement of the bills, calling them “hateful” and “divisive.”

Judith Clerjeune, policy and legislative affairs manager of TIRRC, said Tennessee legislators are “wasting time and resources sowing further division instead of working to find a real solution for our families and communities.”

“Tennesseans are hurting deeply, and our lawmakers need to be focused on passing policies that ensure we all have access to healthcare and economic relief to weather this crisis, that black and brown communities can be safe from police violence, and that all workers have the protections they need to provide for their families while keeping themselves and their communities safe,” Clerjeune said. “We need bold leadership, not fruitless attacks on refugees, to make sure all Tennesseans can pull through these tough times together.”

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Petitioning U.S. Supreme Court, State Continues Challenge of Refugee Resettlement

World Relief

Refugee family reunites at airport

As a global pandemic spreads through the country and Tennessee towns and cities, the state of Tennessee looks to rekindle a lawsuit challenging refugee resettlement in the state by taking it to the Supreme Court on appeal.

On behalf of the state, attorneys with the Michigan-based Thomas More Law Center (TMLC) filed a petition in the U.S. Supreme Court last week, asking the court to review the state’s lawsuit challenging the constitutionality of the federal refugee program in Tennessee.

The lawsuit was originally filed in March 2017 against the United States Department of State on the grounds that refugee settlement in Tennessee violates the U.S. Constitution by requiring the state to pay for a program it did not consent to.

The lawsuit alleged that though Tennessee had withdrawn from the federal Refugee Resettlement Program, the federal government forced Tennessee to continue funding the program by “threatening the state with the loss of federal Medicaid funding.” The state said it had to “expend a substantial amount of state taxpayer money” to fund the program.

The lawsuit was dismissed in March 2018 by a federal judge who ruled there was a lack of standing by the legislature to sue on its own behalf and that the state failed to show that refugee resettlement in Tennessee violates the Constitution.

The Sixth Circuit Court of Appeals upheld that decision in August, also stating that the General Assembly had not established its standing.

In September, attorneys with TMLC filed a petition asking the appellate court to rehear the case, on the grounds that the court’s decision was “painfully at odds” with Supreme Court precedent. The court denied that request.

[pullquote-1]

Now, attorneys representing the state are asking that the U.S. Supreme Court rule that the Tennessee General Assembly has standing to challenge the constitutionality of the “federal government’s force state funding of the federal resettlement program.”

“If the state legislature cannot vindicate its rights in court when the federal government picks the state’s pocket and threatens the state if it dares stop providing funds, then federalism is a dead letter,” the petition reads in part.

Specifically, the petition is asking that the court overturn the Sixth Court of Appeals ruling that the General Assembly has no standing to challenge the constitutionality of the resettlement program. The petition cites this ruling as an error.

“The General Assembly is an institutional plaintiff asserting an institutional injury; the federal government had co-opted the General Assembly’s appropriation power and impaired its obligation to enact a balanced state budget,” the petition reads. “This is because the federal government can siphon funds to help pay for a federal program from which Tennessee has withdrawn.”

Judith Clerjeune, policy and legislative affairs manager for the Tennessee Immigrant and Refugee Rights Coalition, said the move is a divisive, untimely one.


“Instead of focusing on solutions to protect Tennesseans during this time of crisis, our legislature continues to try and divide us,” Clerjeune said. “This lawsuit which has already been dismissed multiple times, has always sought to put communities against each other by scapegoating refugees, and its baseless claims are even more apparent now.

“By continuing their xenophobic crusade against he refugee resettlement program in the midst of a growing pandemic, these lawmaker are failing to meet the moment and are putting Tennesseans in jeopardy.”

Clerjeune said now more than ever, it’s important to “make sure that the most vulnerable are protected.”

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TN House Adopts Resolution Challenging Refugee Resettlement

TIRRC/Facebook

A recent TIRRC event supporting refugee resettlement

The Tennessee House of Representatives adopted a resolution late Monday condemning Tennessee Gov. Bill Lee’s decision to continue to welcome refugees in the state.

The resolution, HJR 0741, which is sponsored by Rep. Terri Weaver (R-Lancaster) and challenges Lee’s authority to authorize continued refugee resettlement, passed 75 to 25.

Representatives from Shelby County voting in favor of the resolution include Republicans Jim Coley, Tom Leatherwood, Kevin Vaughan, and Mark White.

Voting no from Shelby County were Democratic Representatives Karen Camper, Jesse Chism, Barbara Cooper, G.A. Hardaway, Larry Miller, Antonio Parkinson, Dwayne Thompson, and Joe Towns Jr.

Following President Donald Trump’s executive order in September that gave states the choice to opt in or out of continuing refugee resettlement, Lee announced the state’s consent to the program in December.

The resolution is “about Tennessee’s constitutional status as a sovereign state under the 10th Amendment on one hand and the separation of powers as established by our state constitution on the other hand,” Weaver said.

The resolution also seeks to advance Tennessee’s lawsuit against the federal government over refugee resettlement.

The lawsuit was filed in March 2017 against the United States Department of State on the grounds that refugee settlement in Tennessee violates the U.S. Constitution by requiring the state to pay for a program it did not consent to.

[pullquote-1]

The lawsuit was dismissed in March 2018 by a federal judge who ruled there was a lack of standing by the legislature to sue on its own behalf and that the state failed to show that refugee resettlement in Tennessee violates the Constitution.

The Sixth Circuit Court of Appeals upheld that decision in August, also stating that the General Assembly had not established its standing.

In September, attorneys with the Thomas Moore Law Center (TMLC), who are representing the state in the suit, filed a petition asking the appellate court to rehear the case, on the grounds that the court’s decision was “painfully at odds” with Supreme Court precedent. The court denied that request. Now, attorneys with TMLC are petitioning the U.S. Supreme Court to hear the case.

Weaver

Weaver, who was the House sponsor of the 2016 resolution that initiated the litigation, said the purpose of the resolution is to help the lawsuit move to the Supreme Court.

Lisa Sherman-Nikolaus, policy director for the Tennessee Immigrant and Refugee Rights Coalition (TIRRC), spoke out against the resolution, calling it “election year politics at its worst.”

“Representative Weaver’s resolution does nothing to alter or strengthen the resettlement program. Instead, it increases skepticism about refugees and re-hashes arguments that have already been settled by the courts and by the General Assembly,” Sherman-Nikolaus said. “There are many things legislators could do to support refugees and invest in the success of all families who call Tennessee home.

“This resolution accomplishes nothing except to spread misinformation, divide our communities, and make refugee families feel unwelcome. Representative Weaver should spend her time trying to pass legislation that meaningfully improves the lives of her constituents instead of scapegoating refugees.”

Wednesday (tomorrow) TIRRC is organizing a refugee “Day on the Hill” to oppose all anti-refugee legislation. More than 60 refugees from across the state are slated to gather at the TN Capitol building to meet with legislators and speak about their experiences as refugees and the importance of resettlement.

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Gov. Lee OKs Refugee Resettlement in Tennessee

Governor Lee

Tennessee Gov. Bill Lee approved a refugee resettlement agreement with the Trump Administration on Wednesday.

President Donald Trump issued an executive order in September, giving states until December 25th to opt in or out of the program. Lee opted Tennessee into the program in a letter to Secretary of State Michael Pompeo.

“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, particularly those suffering religious persecution,” Lee said in a statement. “My administration has worked extensively to determine the best outcome for Tennessee, and I will consent to working with President Trump and his administration to responsibly resettle refugees.”

Lee said his commitment to this is based on his faith, “personally visiting refugee camps on multiple continents, and my years of experience ministering to refugees here in Tennessee.”

In a second letter to Lt. Gov. Randy McNally and Speaker of the Tennessee House, Cameron Sexton, Lee said public safety is of the “utmost importance.” He noted that the Trump Administration has “strengthened the vetting process of those entering the U.S.,” through heightened security screenings around terrorism, violent crime, fraud, and public health concerns.

“Border security, reducing illegal immigration, and upholding the rule of law are critical, and so it is important to note that each and every refugee that might potentially be resettled in Tennessee under the President’s executive order have been individually approved by the Trump Administration for legal immigrant status,” Lee wrote.

Lee said the refugee population in Tennessee is small, and believes that “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.”

Stephanie Teatro, co-executive director of the Tennessee Immigrant and Refugee Rights Coalition, applauded Lee’s decision.

“For over 30 years, Tennesseans have lived up to our most sacred ideals by welcoming those who are seeking safety through supporting the resettlement of refugees,” Teatro said. “Communities across the state are ready and willing to accept more refugees. We thank Governor Lee for this moral clarity and leadership in making his decision today.”


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Tennessee Dreamers Rally as Supreme Court Holds Hearing on DACA

Facebook/TIRRC

Tennessee DACA recipients rally in front of U.S. Supreme Court


The U.S. Supreme Court began hearing arguments Tuesday in the case that will decide the future of the Deferred Action for Childhood Arrivals (DACA) Program.

Twelve DACA recipients — or Dreamers — from Tennessee joined thousands more outside of the Supreme Court to rally in support of the program while the nine justices heard arguments inside.

DACA was created in 2012 to provide temporary protection from deportation to undocumented immigrant youth, enabling them to attend school and work.

Yuritza Sanchez, a 20-year-old student from Memphis was one of the Dreamers rallying outside the court Tuesday. Sanchez, said she came to the United States when she was three years old.

“Having DACA has meant the world to me because I can accomplish my dreams, have a good job with benefits, and finally get my drivers license, which was big for my family,” Sanchez said. “As the first person who could drive without fear of deportation, it’s made our whole family a little bit safer.”

Sanchez said she would not only like to DACA to be preserved, but she also wants to see a more permanent solution for the future.

“I hope the Congress and Supreme Court see all of us here and that they understand that this is about our lives,” Sanchez said. “We need a permanent solution — without compromising our families or our communities.”

Sanchez’s sister, Kristal Sanchez, was also there Tuesday. Kristal, a 19-year-old freshman at the University of Memphis, said receiving DACA protection has been “transformative.” She said it allowed her to work as well as attend college on a scholarship.

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“I’m here representing my community and all DACA recipients from Memphis,” Kristal said. “It’s powerful to be here with thousands of DACA recipients, and I hope the Supreme Court justices see what’s at stake. I hope the justices make the right decisions, and that they preserve DACA because this is our home.”

In 2017, President Donald Trump signed an executive order terminating the program. That decision was challenged in lower courts and blocked.

Now, three cases, consolidated into one are before the Supreme Court will decide whether or not the president has the authority to legally end DACA.

The Supreme Court is expected to make a decision in 2020. If DACA does end, about 700,000 recipients — 8,000 Tennesseeans — would lose the right to work and protection from deportation.

“The Supreme Court’s decision in 2020 will define our nation,” the Tennessee Immigrant and Refugee Rights Coalition said in a Tuesday statement. “If the Supreme Court justices let the Trump Administration end DACA, they will be putting the lives of millions in immediate danger. Without protection, DACA recipients could lose their homes and their livelihoods.”

Tennessee Dreamers Rally as Supreme Court Holds Hearing on DACA