Staff Report
TheStatehouseFile.com
INDIANAPOLIS — A judge ruled Monday the State of Indiana cannot stop the resettlement of Syrian refugees.
In November, Gov. Mike Pence directed all state agencies to suspend taking in Syrian refugees until “proper security measures” had been met to prevent terrorists from sneaking into the state.
The American Civil Liberties Union of Indiana and ACLU national filed a lawsuit on behalf of Exodus Refugee Immigration to stop the governor. The lawsuit argued the state was “preempted by federal law” and that the order discriminated against Syrians. U.S. District Judge Tanya Walton Pratt granted a preliminary injunction Monday.
“Exodus has demonstrated that it is likely to succeed on the merits of its equal protection claim,” the 36 page ruling reads. “The State’s conduct clearly discriminates against Syrian refugees based on their national origin.”
The ruling states withholding money for social services to Syrian refugees in “no way furthers the State’s interest in the safety of Indiana residents.” Exodus uses the funds to assist refugees with job training, teaching English and other services.
“This ruling puts the brakes on Governor Pence’s end run around the Constitution,” Judy Rabinovitz, deputy director of the ACLU’s Immigrants’ Rights Project, said in a statement. “No state can unilaterally ban a group of refugees that has been vetted and admitted by the federal government. By trying to block Syrian families based solely on their nationality, Indiana is flouting federal law, the U.S. Constitution, and our fundamental American values of providing refuge for families fleeing war and violence.”
Pence said he stands by his decision to suspend the refugee resettlement program in the wake of the terrorist attack in Paris. Around the same time, the director of the FBI also said there are gaps in the process for screening Syrian refugees.
“During these uncertain times, we must always err on the side of caution,” Pence said in a statement.
He has instructed the attorney general to seek an immediate stay and appeal Monday’s order.
“Hoosiers can be assured that my administration will continue to use every legal means available to suspend this program in Indiana unless and until federal officials take steps to ensure the safety and security of our citizens,” he said.
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