Mike Pence's attempt to ban Syrian refugees is based on 'nightmare speculation,' Posner opinion says
Indiana Gov. Mike Pence.
A federal appeals court has upheld a preliminary injunction that prevents Indiana Gov. Mike Pence from barring federal funding to a social-service agency to help resettle Syrian refugees.
The Chicago-based 7th U.S. Circuit Court of Appeals said the funding ban was based on “nightmare speculation” rather than evidence that some Syrian refugees are being sent to the United States to commit terrorist acts. Judge Richard Posner wrote the opinion. Law.com (sub. req.) and the Indianapolis Star have stories; How Appealing links to to additional coverage.
The federal law governing the funding says services are to be provided without regard to race, religion, nationality, sex or personal opinion. Yet Pence refused to pay for resettlement services based on country of origin, Posner wrote.
Pence’s brief had argued the state has a compelling interest in protecting its residents from terrorist thtreats. “But the brief provides no evidence that Syrian terrorists are posing as refugees or that Syrian refugees have ever committed acts of terrorism in the United States,” Posner wrote.
“Indeed, as far as can be determined from public sources, no Syrian refugees have been arrested or prosecuted for terrorist acts or attempts in the United States. And if Syrian refugees do pose a terrorist threat, implementation of the governor’s policy would simply increase the risk of terrorism in whatever states Syrian refugees were shunted to. Federal law does not allow a governor to deport to other states immigrants he deems dangerous.”
Pence had ordered the funding ban last November, before he became Donald Trump’s running mate.
