Brief of Amicus Curiae in Support of Petitioners in Tennessee by and Through the Tennessee General Assembly v. Department of State

By Julie Axelrod on April 15, 2020

Our current refugee resettlement policy, created by the Refugee Act of 1980, Pub. L. No. 96-121, 94 Stat. 102 (1980) (codified in various sections of 8 U.S.C.) is run by the federal government but shifts many of its burdens onto the states and onto the appropriating authority of state legislatures. These burdens are specific and concrete and represent the particularized injury needed for standing. Good policy requires that those officials who actually bear the costs of policy decisions must be those who weigh the policy’s costs and benefits. Though the U.S. Refugee Resettlement program was never originally designed nor passed under the premise that federal decision makers could shift costs onto state governments without giving them any control or even input, it evolved into exactly such a program.

Download the amicus brief