Federal Court Blocks Pence's Plan To Halt Resettlement Of Syrian Refugees

U.S. District Court Judge Tanya Walton-Pratt rebuked Gov. Mike Pence in his efforts to halt the resettlement of Syrian refugees in Indiana until federal officials are able to assure state officials that they are capable of conducting background investigations of those seeking refugee status to protect against individuals with known terrorist ties from entering the country. Exodus Refugees, a nonprofit agency with whom the State Department contracts to provide resettlement services to refugees, brought suit against the Pence administration, contending the governor violated the equal protection rights of Syrian refugees by singling them out for discriminatory action. Judge Walton-Pratt's decision grants a preliminary injunction enjoining Gov. Pence from carrying out his executive action, having concluded the likelihood of the plaintiff succeeding on the merits of its claim against the state.

Judge Walton-Pratt concluded that Pence's policy directive unlawfully discriminated against Syrian refugees based on their national origin. Although Judge Walton-Pratt agreed that the state had a compelling interest in the enforcement of Gov. Pence's executive action--the safety of Indiana residents--the administration's plan to withhold federal funds from groups like Exodus Refugees to provide social services to Syrian refugees resettled in Indiana "in no way furthers the State's interest in the safety of Indiana residents."

State officials had relied upon a Supreme Court decision last year authored by the late Justice Antonin Scalia in support of its primary contention that the federal Refugee Act conferred no private right of action on Exodus Refugees as a service provider to sue Gov. Pence. A fair reading of the majority opinion in Armstrong v. Exceptional Child Center, Inc. would tend to support the state's contention that only the federal government had standing to compel Gov. Pence not to withhold federal grant money from refugee resettlement providers like Exodus Refugees. In Armstrong, a 5-4 majority found that Medicaid service providers in the state of Idaho had no private right of action to sue the state over the rate of reimbursement provided under a state Medicaid program. Scalia's untimely death could lead to a different outcome in future such cases. Judge Walton-Pratt dismissed the state's argument, distinguishing the case at hand from Armstrong as a straight-up anti-discrimination case.

Gov. Mike Pence has asked Attorney General Greg Zoeller to seek an immediate stay and appeal of today's decision. "As governor I have no higher priority than the safety and security of the people of Indiana," Pence said in a statement released by his office. "During these uncertain times, we must always err on the side of caution. For that reason, following the terrorist attack in Paris and the acknowledgment by the Director of the FBI that there are gaps in the screening for Syrian refugees, I suspended participation by the State of Indiana in the Syrian refugee resettlement program and I stand by that decision." "So long as the Obama administration continues to refuse to address gaps in the screening of Syrian refugees acknowledged by the FBI and a bipartisan majority in Congress, 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."

The Indiana Law Blog has posted a copy of today's order online, which you can access here.