Georgia’s State Attorney General says the State can not legally refuse to accept Syrian refugees for resettlement nor deny them federally funded benefits. Sam Olens released his legal opinion today after reviewing an executive order issued last month by Gov. Nathan Deal. The review came at the request of the governor. Deal’s executive order prohibits state agencies from accepting Syrian refugees for resettlement until the U.S. State Department improves, and Congress approves, new vetting procedures to insure public safety.
Deal issued his order on November 16, three days after terrorists killed 130 people and wounded hundreds more in coordinated attacks on Paris. At least one of the terror suspects was believed to have entered Europe by way of Syria.
While Olens writes that he shares the governor’s security concerns, he affirms the federal government’s legal authority to decide where to place refugees based on the federal Immigration and Nationality Act. “As a matter of federal law, and particularly constitutional Supremacy Clause principles of preemption,” Olens writes, “the states do not have any authority to unilaterally interfere in congressionally authorized federal immigration programs.”
READ: Gov. Deal’s Executive Order
In addition, Olens’ states that Georgia must provide federally funded benefits to Syrian refugees based on the terms of its voluntary agreement with the federal government to participate in, and accept federal funding relating to, the Refugee Resettlement Program. That agreement provides assurances that “assistance and services funded under the Plan will be provided to refugees without regard to race, religion, nationality, sex or political opinion.”
“I am unaware of any law or agreement that would permit a state to carve out refugees from particular countries from participation in the refugee resettlement program,” Olens writes, “no matter how well-intended or justified the desire to carve out such refugees might be.”
Georgia may opt out of the program but the State would still have to provide benefits to refugees as required under federal law.
The governor’s office says Deal is reviewing the Attorney General’s opinion.
Deal is among 31 governors nationwide who moved to bar Syrian refugees from their states in the wake of the November 13, 2015 Paris attacks.
