Judge refuses to block resettlement of Syrian refugees, calls terrorism arguments 'hearsay'
A federal judge in Dallas has refused to block a group of Syrian refugees from resettling in Texas, despite state arguments they pose a risk of terrorism.
U.S. District Judge David Godbey denied a request for a temporary restraining order on Wednesday, calling the state’s arguments “largely speculative hearsay,” report the Washington Post and the Associated Press.
The decision permits the last of 21 Syrian refugees to resettle in Texas on Thursday, according to the AP story.
Godbey said he did not “downplay the risks that terrorism, as a general matter, may pose.” But the plaintiff, the Texas Health and Human Services Commission, had not established a threat of irreparable injury, he said.
“The commission has failed to show by competent evidence that any terrorists actually have infiltrated the refugee program, much less that these particular refugees are terrorists intent on causing harm,” he said.
In a footnote, Godbey wrote: “The fact that this court is required to assess the risk posed by a group of Syrian refugees illustrates one of the problems with this case. The court has no institutional competency in assessing the risk posed by refugees. That is precisely the sort of question that is, as a general matter, committed to the discretion of the executive branch of the federal government, not to a district court.”
Godbey ruled in the second suit filed by the commission over the refugees. The agency dropped the first suit after it received assurances that the first group of refugees did not pose a danger. The second suit cited remarks by U.S. Rep. Michael McCaul, a Republican who chairs the House Homeland Security Committee. McCaul said on Monday that extremists have explored using the refugee program to enter the United States. The Hill had a story on his remarks.
Godbey’s name corrected in second references on Feb. 9.
