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News Alert

Veteran Journalist and Author Praises Thomas More Law Center’s Challenge to the Federal Refugee Resettlement Program on Behalf of Tennessee

July 26, 2017 by TMLC

July 26, 2017

Leo Hohmann is a veteran investigative journalist and author of Stealth Invasion: Muslim Conquest Through Immigration and Resettlement Jihad.

In a recent article that appeared in many news outlets, Hohmann paid extraordinary attention to the Thomas More Law Center’s lawsuit challenging the federal refugee resettlement program on behalf of the State of Tennessee:      

“Of all the recent state lawsuits filed against the federal government’s refugee resettlement program, . . .  the one filed by Tennessee might be the most significant.”

Mr. Hohmann gave permission to make the entire article available to you. 


State Revolts Against Feds: No More Refugees! 
by Leo Hohmann
 

Of all the recent state lawsuits filed against the federal government’s refugee resettlement program, which annually distributes tens of thousands of Third World migrants to more than 300 U.S. cities and towns, the one filed by Tennessee might be the most significant. 

Tennessee doesn’t just ask the feds to do a better job of “vetting” refugees or to “consult” more closely with state officials, like the failed lawsuits filed by Alabama and Texas. Tennessee attacks the program at its core, challenging the federal government’s self-proclaimed right to secretly plant foreign nationals of its own choosing – and the choosing of the United Nations – into U.S. cities and towns. Tennessee contends this is a blatant violation of the 10th Amendment and an unconstitutional infringement on state sovereignty.

The 10th Amendment says the federal government possesses only those powers delegated to it by the U.S. Constitution, with all other powers reserved for the states.

Tennessee filed its lawsuit in March, and the U.S. Department of Justice filed a motion to dismiss the case in June claiming the state was seeking to stop the influx of refugees as part of a discriminatory policy that treats refugees as inferior to other immigrants.

But the state claims just the opposite. In its 33-page answer, filed July 14, Tennessee claims the only reason it felt compelled to sue the feds was because the feds were demanding that states grant refugees special rights and special favor not available to other immigrants.

An unfunded mandate?

In effect, says the state of Tennessee, the U.S. Refugee Admissions Program amounts to an unfunded mandate – as the feds dump refugees on states without providing federal funding for the costs associated with refugee resettlement. Those costs include education, health care and housing, not to mention additional police protection, says the Thomas More Law Center, a Michigan-based nonprofit that provides legal aid in cases that uphold America’s Judeo-Christian heritage, the sanctity of life and U.S. sovereignty.

“Elected officials have little say over the process [of refugee resettlement],” writes Ann Corcoran, who has been tracking refugee resettlement for over a decade.

If successful, Corcoran said, Tennessee’s suit would cut the legs out from under the program by attacking its funding. She said other states, like South Dakota and Texas, which have been trying to get control of their budgets with regard to refugees, should be joining Tennessee in this suit.

‘Preferential treatment’ for refugees

The suit’s language, crafted by Thomas More Law Center, is clear:

“Attempting to escape the fact that the refugee resettlement program is funded by the States, defendants erroneously lump refugees in with other lawfully present aliens and then assert that all of them are the responsibility of a State’s Medicaid program. This argument ignores the fact that the federal government has conferred preferential treatment on refugees, which leaves them situated more favorably than immigrants admitted through regular means.”

Generally, “[s]elf-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes,” states the U.S. code 8 U.S.C. Section 1601(1), and thus other categories of lawful immigrants to the United States are required to make certain showings as to their financial self-sufficiency as a condition to immigrating.

In fact, 8 U.S.C. Section 1182 (a)(4)(A) states: “Any alien who … is likely at any time to become a public charge is inadmissible.”

The lawsuit continues:

(“[A]liens within the Nation’s borders [should] not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations.”) In contrast, the Refugee Resettlement Act imposes no such self-sufficiency requirement and mandates that refugees be deemed eligible for enrollment in Medicaid immediately upon arrival and for a period of up to seven years thereafter.

45 C.F.R. § 400.94(c) (“A State must provide medical assistance under the Medicaid and SCHIP programs to all refugees eligible under its State plans.”); See 8 U.S.C. § 1612(a)(2)(A)(i) (establishing seven-year limit).

As such, it is improper to say that refugees are simply another part of the lawfully present immigrant population for which states would otherwise be responsible. To the contrary, refugee populations are an economically disadvantaged population who are admitted to the country without regard to their economic status and who are allowed to immediately access welfare benefits.

If the refugee resettlement program was terminated along with refugees’ favored status under federal welfare laws, it would mean refugees would not be eligible for admission without regard to their economic condition, and they would not be eligible for Medicaid until they had lived in the United States for five years, just like most other types of immigrants, according to the suit.

The government’s “special treatment of refugees may very well serve a legitimate federal goal, but it is just that: a federal goal,” the Tennessee brief states.

The federal government cannot constitutionally force “state governments to absorb the financial burden of implementing a federal … program” while the federal government takes “credit for ‘solving’ problems.”

The state’s argument, concludes that the feds “merely seek to have the federal government absorb the costs that it is currently passing on to states like Tennessee.”

Tennessee’s refugee resettlement program is operated by Catholic Charities, which is one of nine federal contractors the U.S. government pays more than $2,000 for every refugee they resettle in U.S. cities and towns. The resettlements are carried out devoid of any required input from elected city representatives, who answer to local taxpayers.

Since the Refugee Act of 1980 was passed by Congress and signed into law by President Jimmy Carter, more than 3 million refugees have been permanently resettled in the U.S. from dozens of Third World countries. More than 90 percent of refugees entering the U.S. are hand-selected by the United Nations.

Filed Under: News Alert

Thomas More Law Center Defends North Carolina Law Preserving Religious Freedom

January 31, 2017 by TMLC

The Thomas More Law Center (“TMLC”), a national public interest law firm based in Ann Arbor, MI, and its affiliated attorney B. Tyler Brooks of Millberg Gordon Stewart PLLC in Raleigh, NC, filed an amicus curia (friend of the court) brief defending the right of state magistrates to opt out of performing marriages based on religious objections.  The religious accommodation was contained in North Carolina’s Senate Bill 2, which was passed in 2015 shortly before the U.S. Supreme Court’s decision in Obergefell v. Hodges legalized same-sex marriage throughout the nation.
Under the North Carolina law, magistrates may recuse themselves from performing all marriages and thereby avoid violating their sincerely held religious beliefs.  The law also requires the state to ensure that any couple desiring to wed has access to a magistrate who performs marriages.  Additionally, it created an exemption allowing county register of deeds employees to opt out of issuing marriage licenses.
TMLC’s affiliated attorney, B. Tyler Brooks, commented: “If we are to have a truly tolerant society, government employers must possess the legal ability to accommodate the religious beliefs of their employees.  Here, even though there is no allegation that this law has prevented any couple from marrying, the plaintiffs are nonetheless fighting to have the federal courts nullify a state legislature’s carefully crafted religious accommodation.”
The lawsuit resulting in the appeal was filed in March 2016 by three couples, including two same-sex couples, against Marion Warren, the Director of the North Carolina Administrative Office of the Courts.  In their complaint, the plaintiffs alleged that the religious accommodations contained in the state law violate the First Amendment’s Establishment Clause.  Federal District Court Judge Max O. Cogburn, Jr., however, dismissed the case on the grounds that the plaintiffs lacked the “standing” required to bring the lawsuit.  The plaintiffs then appealed to the U.S. Fourth Circuit Court of Appeals in Richmond, VA.
In its brief supporting Marion Warren before the Fourth Circuit, the Thomas More Law Center argues that this attack on reasonable religious accommodations constitutes a full assault on the ability of persons of faith to obtain and maintain employment with governmental entities and agencies.  The case could even result in an undermining of all religious accommodation laws if the court of appeals revives the suit, thereby further silencing Christians and banishing them from the public square.
The amicus brief filed by TMLC acknowledges that all too often in modern America “the law is used as a bludgeon to punish those who refuse to express ideas inimical to their faith” as various forms of litigation and laws have targeted everything from Catholic hospitals to adoption services and homeless shelters because of their religious teachings, making the need to stop the assault on religious freedom all the more imperative.
Read TMLC’s full brief here.

Filed Under: News Alert

Thomas More Law Center Selected to Represent Tennessee in Lawsuit Challenging the Federal Refugee Resettlement Program

October 25, 2016 by TMLC

The Thomas More Law Center (“TMLC”), a national nonprofit public interest law firm based in Ann Arbor, MI, has been selected by the Tennessee General Assembly to represent the General Assembly and the State of Tennessee in a constitutional challenge to the federal government’s refugee resettlement program as a violation of the Tenth Amendment to the U.S.  Constitution.  As a public interest law firm, TMLC will represent Tennessee without charge.

Thomas More Law Center Selected to Represent Tennessee in Lawsuit Challenging the Federal Refugee Resettlement Program

The Tennessee General Assembly, by overwhelming majorities in both the House and Senate, passed Senate Joint Resolution 467 (“SJR 467”) during the 2016 legislative session. The Resolution authorized legal action to stop the federal government’s violation of the Tenth Amendment to the U.S. Constitution because it impermissibly commandeers state funds to finance a federal program.

State Representative Terri Lynn Weaver, commented, “Of all the legislation that I have worked on, this by far is the most important. The only way we can get back to our Constitutional Beginnings and the intent birthed by our Founding Fathers is to go and take it back.  We are looking forward to linking arms with the Thomas More Law Center for the long haul to regain sovereignty for our great state.”

Senate Majority Leader Mark Norris, added, “At issue is state sovereignty. Our rights and responsibilities under the Tenth Amendment to the U.S. Constitution and the Tennessee Constitution are at stake. We seek a declaration of these rights. Indifference to our constitutional rights is indifference to our duty. We are not indifferent.”

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “It’s an honor to represent the state of Tennessee on this significant constitutional issue.  Supreme Court Chief Justice Roberts observed, ‘The States are separate and independent sovereigns. Sometimes they have to act like it.’ We intend to follow that advice on behalf of the state of Tennessee in our lawsuit.”

Tennessee officially withdrew from participation in the refugee resettlement program in 2007, after which the federal government designated a private, non-governmental organization, to administer the program.   

Two members of the Senate and two members of the House of Representatives were appointed by their respective Speakers to implement SJR 467: State Senators Mark Norris and John Stevens on behalf of the Senate, and State Representatives William Lamberth and Terri Lynn Weaver on behalf of the House of Representatives. These four individuals will be responsible for consulting with the Thomas More Law Center attorneys on behalf of the General Assembly during the pendency of the lawsuit.

State Representative William Lamberth stated, “I look forward to working with the Thomas More Law Center as we pursue a Judicial remedy to this issue that will ensure the safety and security of all Tennesseans.”

TMLC intends to advance a legal claim of first impression to challenge federal refugee resettlement programs operating in states which have formally withdrawn from participation in the federal refugee resettlement program, but are nevertheless still forced by federal regulations to pay state taxpayer dollars to finance programs administered by private organizations.  

Currently, state funds that could otherwise be used for state programs are in effect appropriated by the federal government to support refugee resettlement rather than to support Tennesseans.  This arrangement displaces Tennessee’s constitutionally mandated funding prerogatives and appropriations process. 

Filed Under: News Alert

Dallas, Texas St. Thomas More Society Presents Lifetime Achievement Award to Richard Thompson

October 11, 2016 by TMLC

Thomas More Law Center’s President and Chief Counsel, Richard Thompson, was presented the prestigious Lifetime Achievement Award by the St. Thomas More Society of the Diocese of Dallas, Texas. The award was presented at a reception dinner on September 24, 2016 following the Society’s annual Red Mass celebrated at the Dallas Cathedral.  

The impressive list of past recipients of the Lifetime Achievement Award include Supreme Court Justice Antonin Scalia; Greg Abbott, former Texas Attorney General and current Governor of Texas; and Philadelphia Archbishop Charles Chaput.

The purpose of the St. Thomas More Society is to encourage Catholic lawyers to live a Christian vocation by sanctifying their daily work and promoting high ethical principles in the legal profession as exemplified by the life of St. Thomas More.

In presenting the award, the Society’s president, Stephen C. Rasch, remarked that Thompson is a man “whose life’s work embodies our mission of encouraging Catholic lawyers to live a Christian vocation by sanctifying their daily work.” Rasch pointed to Thompson’s uncompromising prosecution of Dr. Jack Kevorkian in an effort to stop “Dr. Death” from taking human life under the guise of compassion, as well as his leadership of the Thomas More Law Center, a national nonprofit public interest law firm based in Ann Arbor, Michigan.

In his acceptance speech, Thompson recalled the words of past honoree, Archbishop Charles Chaput: “It doesn’t matter what we claim to believe if we’re unwilling to act on our beliefs.” Thompson spoke of how the US Supreme Court has become the dominant political force in our nation, assuming power to determine both its religious and moral direction.  He encouraged the lawyers in attendance to engage in the Culture War on the battleground where they are uniquely qualified: the courts.  

Notable attendees of the 2016 annual Red Mass, included Dallas Bishop Kevin Farrell, who was recently appointed by the Vatican to serve as the Dicastery for the Laity, Family and Life, in Rome, and Bishop Richard Malone of Buffalo, New York, who made headlines when he confronted New York Governor Andrew Cuomo for his demand that prolifers leave the state of New York.

Thompson commented: “This is an incredible honor from one of the most vibrant St. Thomas More Societies in the Nation. I am impressed by the high caliber of legal talent of its members and their dedication to pro-life causes. The gracious Texas hospitality shown me is unforgettable.”

Filed Under: News Alert

Michigan’s Systematic Inquisition of Parents Over Religious Objection to Vaccines Leads to Federal Lawsuit by Thomas More Law Center

July 7, 2016 by TMLC

The Thomas More Law Center (“TMLC”), a national nonprofit public interest law firm based in Ann Arbor, MI, filed a federal lawsuit today against State and County officials and employees seeking to stop a State-sponsored religious inquisition of parents who have religious objections to State vaccination requirements.

Michigans Systematic Inquisition of Parents Over Religious Objection to Vaccines Leads to Federal Lawsuit by Thomas More Law Center

TMLC brought the law suit on behalf of Tara Nikolao, a devout Catholic, registered nurse, and mother of four.  Mrs. Nikolao objects to vaccines manufactured from aborted fetal cells and other vaccines on religious grounds.  Her lawsuit claims that government employees violate the Free Exercise and Establishment Clauses of the First Amendment, the religious protections in Michigan’s Constitution, and a Michigan statute when they subject parents to detailed interrogation about their religious beliefs. 

[Read the Complaint here]

The Michigan legislature enacted a statute in 1978 to protect the right of parents to exempt their children from vaccinations because of religious beliefs.  For nearly 40 years, this mandatory religious exemption remained unchanged. All that parents had to do was state in writing that they cannot comply with the vaccination requirements because of their religious beliefs. Mrs. Nikolao exercised her statutory right to a religious exemption approximately 10 times before a new rule was implemented in December 2014. This new administrative rule requires parents to drive to local health departments, submit to a religious inquisition, and explain their religious beliefs to local health department employees in order to receive a waiver.

In October 2015, in an effort to comply with the new rule, Mrs. Nikolao took time off work, packed her four children into the car, and drove approximately an hour to the Wayne County Health Department office in an attempt to obtain a religious exemption. Upon her arrival, two health department employees bullied and harassed Mrs. Nikolao because of her religious beliefs.

When Mrs. Nikolao explained that she had a religious objection to vaccines, the health department employees demanded that Mrs. Nikolao explain her actual reason for objecting. Despite Mrs. Nikolao’s repeated insistence in the face of berating questions from State employees that her personal religious beliefs did not allow her to vaccinate her children—a belief that the Michigan legislature enacted a statute to protect,—the health department employees would not accept her religious objection and insisted that no religions object to vaccines.

The Michigan Department of Health and Human Services (“MDHHS”) instructs local health department employees to implement this religious examination and inculcation by providing county employees with a document to “teach” parents their faith.  The document entitled “Religion” is used as a tool by county health departments to coerce and trick parents with religious objections to vaccines into vaccinating their children.

[See the Document Here]

Kate Oliveri, TMLC attorney handling the case commented: “The new rule allows government employees to take on the role of priests and pastors, molding religious beliefs to further the State’s agenda. This is antithetical to the religious protections found in the Federal and Michigan constitutions and the religious protections enacted by the Michigan legislature.”

In Mrs. Nikolao’s case, health department employees used the MDHHS Religion document, which falsely attributes a quote to Pope Benedict XVI, in an attempt to coerce her into violating her beliefs by vaccinating her children. The documents claims that, according to Pope Benedict XVI, “parents who chose not to give vaccines derived from [aborted fetal] cells would be in ‘more proximate cooperation with evil’ than those who gave their children the vaccines in question because of the life-saving nature of vaccines.” Pope Benedict never made such a statement.  Moral Reflections, the Vatican document produced on vaccines containing the cells of aborted children by the Vatican’s Pontifical Academy for Life, also did not contain any condemnation of parents who refuse to vaccinate, especially not the MDHHS characterization of parents who do not vaccinate their children as “evil.”

[Read Moral Reflections Here]

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life. It supports a strong national defense and an independent and sovereign United States of America. The Law Center accomplishes its mission through litigation, education, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Filed Under: News Alert

Supreme Court Decision—Protecting Abortion Industry More Important than Woman’s Health, Safety

June 29, 2016 by TMLC

On Monday (6/27), in the case Whole Woman’s Health v. Hellerstedt, the U.S. Supreme Court, in a 5-3 decision, struck down a Texas law that ensured abortion facilities are clean and safe.  Justice Kennedy, a Republican appointee, sided with the four Democrat appointees on the Court.  The Court’s decision was a debilitating blow to women’s health care and continued the Court’s history of pandering to pro-abortion groups that prey on women in crisis.

Supreme Court Decision—Protecting Abortion Industry More Important than Woman’s Health, Safety

The ruling forces women seeking abortions to receive below-standard health care by allowing abortions facilities to circumvent the minimum standards of care required for other surgical facilities simply because their product is abortion.

Kate Oliveri, Trial Counsel at the Thomas More Law Center, involved in several pro-life cases, commented:

“In effect, the Court has given abortionists a constitutional right to increase their profit margin by providing second-class healthcare to women. We must rise to the challenge of protecting women from this profit seeking industry that preys upon women and makes a mockery of the women’s rights movement.”

In 2013, Texas passed new legislation “enacted to raise standards of care and ensure the health and safety of all abortion patients.” This legislation, House Bill 2 (“HB2”), included two provisions challenged up to the Supreme Court:

  1. Physicians performing abortion procedures must have admitting privileges at a hospital within 30 miles of the abortion facility (“admitting-privileges requirement”).
  2. Abortion facilities must comply with the minimum standards of care for surgical facilities (“surgical-center requirement”).

A group of abortion providers challenged these provisions as too costly, arguing many abortion providers would close down.   The Supreme Court bought their argument.  It held that easy abortion access is more important than safe abortion procedures done by competent doctors with local hospital privileges.

Here are some of the standard Texas surgical-center requirements that the Court felt women receiving surgical abortions do not deserve:

  • an “adequate number” of registered nurses;
  • scrub facilities;
  • fire emergency precautions;
  • ceiling, wall, and floor finishes;
  • separate soiled utility and sterilization rooms;
  • regulated air pressure, filtration, and humidity control; and
  • plumbing requirements.

              Quoting the recently departed Justice Scalia, Justice Thomas chastised the majority in his dissent for “bend[ing] the rules when any effort to limit abortion, or even speak in opposition to abortion is at issue.”  Justice Thomas noted, today’s decision “will surely mystify lower courts for years to come.”

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, observed:

“The Court marginalizes itself as it repeatedly fabricates new legal standards that are not found in the Constitution to reach the ideological results it wants. This is especially clear with the decisions surrounding the Court-created right to abortion.”

In the wake of this decision, abortion advocates are already plotting to minimize the quality of healthcare for women across the country by filing new lawsuits challenging health and safety provisions in numerous other States.

 [Read the Court’s Decision Here]

Filed Under: News Alert

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