Seems that a family of 7 arrived here in NJ in spite of Governor Christie!!!
---

With more than two dozen governors objecting to a federal government plan 
to accept Syrian refugees, a spotlight has been placed on how the 
Constitution deals these matters.

In the long run, Congress might have a bigger say in a federal policy 
decision that could see as many as 10,000 Syrian refugees accepted into the 
United States in the coming year. State leaders, such as governors, and 
state legislatures have far fewer options.

In general terms, the Constitutional power for the federal government, and 
not the states, to control immigration policies and laws comes from 
interpretations of Article 1, Section 8, Clauses 3 and 4, of the 
Constitution. A Supreme Court decision from 1941, *Hines v. Davidowitz* 
<http://caselaw.findlaw.com/us-supreme-court/312/52.html>, explained the 
logic behind this, which involves conflicts between federal and state 
jurisdiction.

In 1939, Pennsylvania established its own alien registration act, which 
required non-citizens to pay a fee to register within the state, show a 
state ID card to police at all times, and present the same card to qualify 
to register to drive a car. At the same time, a federal alien registration 
act existed.

Justice Hugo Black, writing for the majority, struck down the Pennsylvania 
law. “That the supremacy of the national power in the general field of 
foreign affairs, including power over immigration, naturalization and 
deportation, is made clear by the Constitution was pointed out by authors 
of The Federalist in 1787,9 and has since been given continuous recognition 
by this Court,” Black said. “The power to restrict, limit, regulate, and 
register aliens as a distinct group is not an equal and continuously 
existing concurrent power of state and nation, but that whatever power a 
state may have is subordinate to supreme national law.”

“Our primary function is to determine whether, under the circumstances of 
this particular case, Pennsylvania’s law stands as an obstacle to the 
accomplishment and execution of the full purposes and objectives of 
Congress,” said Black.

In the minority opinion, Justice Harlan Fiske Stone disagreed, saying the 
federal and state laws differed, even though they had the same general 
subject. “The national government has exclusive control over the admission 
of aliens into the United States, but after entry, an alien resident within 
a state, like a citizen, is subject to the police powers of the state and, 
in the exercise of that power, state legislatures may pass laws applicable 
exclusively to aliens so long as the distinction taken between aliens and 
citizens is not shown to be without rational basis,” he argued.

In 1980, Congress passed and the President signed the Refugee Act 
<http://www.acf.hhs.gov/programs/orr/resource/the-refugee-act>, which added 
details to earlier immigration acts that outlined a protocol for accepting 
refugees. The Act said the Department of Health and Human Services “shall 
consult regularly (not less often than quarterly) with State and local 
governments and private nonprofit voluntary agencies concerning the 
sponsorship process and the intended distribution of refugees among the 
States and localities before their placement in those States and 
localities.”

In theory, the states could refuse to participate in these efforts to place 
refugees in their communities, and pose other barriers, such as blocking 
refugees from getting drivers’ licenses or access to some state services. 
But multiple legal experts who have commented publicly on the question see 
these efforts as limited and problematic.

“The one thing I feel very comfortable saying is there is absolutely no 
constitutional power for a state to exclude anyone from its territories,” 
Stephen Legomsky, a Washington University of St. Louis law professor, told 
USA Today on Monday 
<http://www.usatoday.com/story/news/politics/2015/11/16/governors-have-little-power-block-refugees/75888766/>
.

Another problem for the states is that much of the relocation funding they 
control originates with the federal government.

Florida Governor Rick Scott is opposed to having Syrian refugees in Florida 
under the current system. But he has acknowledged that state leaders are 
limited in how they can handle Syrian refugees, and that it would be up to 
Congress to act in some fashion.

“Please take any action available through the powers of the United States 
Congress to prevent federal allocations toward the relocation of Syrian 
refugees without extensive examination into how this would affect our 
homeland security,” Scott said in a public letter to House Speaker Paul 
Ryan. 
<http://www.orlandosentinel.com/news/politics/political-pulse/os-rick-scott-syrian-refugees-post.html>

Speaker Ryan and Republican congressional leaders could attempt to tie 
funding 
<http://www.politico.com/story/2015/11/gop-lawmakers-syria-refugees-215936> for 
these refugee aid programs to an upcoming appropriations bill that needs to 
be passed by December 11, to avoid a government shutdown.

But on Tuesday, Ryan and GOP leaders said they wanted to fast track a bill 
to stop Syrian refugee efforts for now and come up with a new plan to 
figure out if some refugees pose security threats.

Read more at 
http://www.philly.com/philly/news/nation_world/Does_the_Constitution_allow_states_to_ban_refugees.html#GZlTLFqHOkD5E36q.99


On Tuesday, December 1, 2015 at 8:18:57 AM UTC-6, brine wrote:
>
>
>
> http://www.nytimes.com/2015/12/01/nyregion/syrian-family-of-7-is-quickly-settled-in-new-jersey.html?_r=0
>
> Seems that a family of 7 arrived here in NJ in spite of Governor 
> Christie!!!
>
> On Tue, Dec 1, 2015 at 6:41 AM, Travis <[email protected] <javascript:>> 
> wrote:
>
>>
>>
>>
>> BareNakedIslam posted: "Bet you could put up a few dozen in the White 
>> House, Barry. And Hillary, surely you have room for several of these 
>> 'widows and children?' Even better, how about asking Chelsea to give refuge 
>> to one of the 'refujihadis' in her $10 million condo in NYC? Sur" 
>> New post on *BARE NAKED ISLAM* <http://www.barenakedislam.com/?author=1> 
>> Hey, 
>> Obama! Hey, Clinton! Are these the Syrian widows and 3-year-old orphans you 
>> keep whining about? 
>> <http://www.barenakedislam.com/2015/12/01/hey-obama-hey-clinton-are-these-the-syrian-widows-and-3-year-old-orphans-you-keep-whining-about/>
>>  by 
>> BareNakedIslam <http://www.barenakedislam.com/?author=1> 
>>
>> Bet you could put up a few dozen in the White House, Barry. And Hillary, 
>> surely you have room for several of these 'widows and children?' Even 
>> better, how about asking Chelsea to give refuge to one of the 'refujihadis' 
>> in her $10 million condo in NYC? Surely, little Charlotte could use a big 
>> brother.
>>
>> Read more of this post 
>> <http://www.barenakedislam.com/2015/12/01/hey-obama-hey-clinton-are-these-the-syrian-widows-and-3-year-old-orphans-you-keep-whining-about/>
>> *BareNakedIslam <http://www.barenakedislam.com/?author=1>* | December 1, 
>> 2015 at 3:56 am | Categories: Muslim Invaders 
>> <http://www.barenakedislam.com/?taxonomy=category&term=muslim-invaders> 
>> | URL: http://wp.me/p276zM-1jAE 
>>
>> Comment 
>> <http://www.barenakedislam.com/2015/12/01/hey-obama-hey-clinton-are-these-the-syrian-widows-and-3-year-old-orphans-you-keep-whining-about/#respond>
>>  
>>    See all comments 
>> <http://www.barenakedislam.com/2015/12/01/hey-obama-hey-clinton-are-these-the-syrian-widows-and-3-year-old-orphans-you-keep-whining-about/#comments>
>>  
>>
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> brine
> http://brineb.blogspot.com/
>

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