Texas AG's Injunction Request Banning Syrian Refugees Denied
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DALLAS (CBS11/AP) - A federal judge in Dallas shot down an injunction request Monday from Texas Attorney General Ken Paxton that would ban Syrian refugees from entering the state.
The decision by U.S. District Judge David Godbey is another setback for Republican leaders in Texas, which was the first state that sued the Obama administration over resettling families from the war-torn country but has failed to halt or even slow the arrival of any new refugees.
Godbey, who in December knocked Texas for offering "largely speculative hearsay" about extremists possibly infiltrating Syrian refugees, seemed to wink this time at the state demanding action from a judicial branch that GOP leaders often accuse of overreach.
"Somewhat ironically, Texas, perhaps the reddest of red states, asks a federal court to stick its judicial nose into this political morass, where it does not belong absent statutory authorization," wrote Godbey, who was appointed to the Dallas court by former President George W. Bush.
Paxton's press secretary Cynthia Meyer says the office is now exploring its options to move forward in a different way.
Meyer says, "At a minimum, Texans deserve to know if the people moving into our communities and neighborhoods have a history of providing support to terrorists. In today's ruling, the court acknowledged the validity of our concerns, but ruled existing federal law does not grant states a sufficient voice, which would effectively leave it to Congress to make necessary changes. We are currently evaluating our options moving forward."
Nearly 30 states vowed to ban Syrian refugees following the Paris attacks, which occurred in November and have been linked to the Islamic State group operating in Syria. Texas mounted the most aggressive campaign from the start by suing the federal government, which failed to halt the arrival of 21 Syrian refugees in December. Alabama filed a similar lawsuit in January.
The Obama administration says refugee vetting is rigorous and can take up to two years. In an 11-page ruling, Godbey wrote that "it is certainly possible that a Syrian refugee resettled in Texas could commit a terrorist act, which would be tragic."
But he said it is up to the federal government — and not courts — to decide that level of risk. Wise said Godbey acknowledged "the validity of our concerns" and says it is effectively up to Congress to give states a bigger voice when it comes to resettlements.
A resettlement group has asked that the lawsuit be dismissed.
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