Judge to decide whether Pence can block Syrian refugee resettlement in Indiana

A federal judge must decide whether Gov. Mike Pence can push forward with his decision to block funds intended to help Syrian refugees resettle in Indiana.

Federal District Judge Tanya Walton Pratt heard arguments in a nearly packed courtroom Friday, about three months after Pence and a majority of the governors in the country suspended resettlement of Syrian refugees in their states. The decision was in response to terrorist attacks in Paris and statements from federal officials about security concerns involving refugees coming from Syria.

A lawsuit filed by a local nonprofit that helps refugees resettle in Indiana claims Pence does not have the authority to intrude on immigration issues, which are part of federal jurisdiction. The state argued in court records that the suspension of federal funds is not intended to punish refugees who want to come to Indiana; rather, it's a response to "mounting evidence" that terrorists may attack Western countries by posing as refugees.

The nonprofit, Exodus Refugee Immigration, is asking Pratt to issue a ruling that would prevent state officials from blocking federal dollars until the case is resolved. Pratt said she will make a decision before the end of the month.

American Civil Liberties Union of Indiana Legal Director Ken Falk, who represents Exodus, said not providing the funds would harm the group financially because the nonprofit will lose funding to prepare for the arrival of refugees who have already passed federal screening and will come to Indiana, regardless of Pence's order.

Nonprofit groups like Exodus receive federal funds, funneled through state agencies, for employment training, English language classes, case management and other services for refugees. Exodus pays for those services and is reimbursed by the state.

Falk said the governor cannot "pick and choose" who should receive financial support.

"Indiana simply cannot insinuate itself in the area of foreign policy, and that's exactly what it's doing here," Falk said in court. "If every state in America chose to do what Indiana did, then refugee resettlement would grind to a halt."

Pence stops Syrian refugee resettlement in Indiana

Accepting refugees from other countries but not those from Syria is a violation of the Equal Protection Clause of the Constitution, Falk said. He added it discriminates against someone based on national origin, a violation of Title VI of the Civil Rights Act.

The lawsuit was filed in the U.S. District Court for the Southern District of Indiana against Pence and John Wernert, secretary of the Indiana Family and Social Services Administration, which oversees refugee resettlement in the state.

Arguing for the state, Solicitor General Thomas Fisher of the Indiana attorney general's office cited statements from federal officials, including FBI Director James Comey, who said Western countries lack information about the backgrounds of refugees coming from Syria. The state argued that data to detect people who may have terrorist ties does not exist.

Quoting Comey, Fisher said: "We can query our databases until the cows come home, but nothing will show up because we have no record of that person."

"This case is about Gov. Pence's core responsibility to protect Indiana citizens," Fisher said, adding that the suspension of funds is temporary and would depend on when the federal government implements proper security measures.

Pratt asked Fisher how withholding federal funds for job training and other services would keep Hoosiers safe. Fisher said doing so would take away the incentive from groups like Exodus to bring Syrian refugees to Indiana. The state also argued that as a nonprofit, Exodus cannot legally invoke the rights of refugees.

Falk responded by saying that the state cannot deter Exodus from fulfilling its mission.

"No one is acting for these refugees except for Exodus," Falk said. "That's what Exodus does."

Pence has no power to block Syrian refugees from coming to Indiana, lawsuit says

Pratt also asked Fisher why the governor wants to keep Syrian refugees from coming to Indiana, but not those from other war-torn nations, such as Iraq, Iran and Afghanistan.

"Why all Syrian refugees? Why does Indiana have a blanket screen?" Pratt asked.

Fisher said federal officials did not express similar concerns about refugees coming from other Middle Eastern countries.

"There is no typical terrorist," he said. "What we know is Syria is the place identified by the FBI director as the problematic source."

In a statement, Indiana Attorney General Greg Zoeller said the legal dispute is not about refugees or Exodus. Rather, it's about the need for assurance from the federal government that refugees resettled in Indiana "are appropriately vetted and pose no threat to public safety."

In response to the state's security concerns, the ACLU of Indiana submitted affidavits from government officials who have personal knowledge of refugee screening.

Ryan Crocker, former U.S. ambassador to Afghanistan, Iraq, Pakistan, Syria, Kuwait and Lebanon, said refugees undergo a "rigorous, multistep process" that lasts up to 24 months. It includes multiple interviews and extensive security checks by the U.S. Department of Homeland Security and intelligence and law enforcement agencies, according to court records.

In a letter written to President Barack Obama, Janet Napolitano, former U.S. Secretary of Homeland Security, said the vetting process will allow the country to "safely admit the most vulnerable refugees while protecting the American people," according to court records.

A day before the hearing, the U.S. Department of Justice filed a statement saying Indiana cannot discriminate against Syrian refugees or deny them of services they need to relocate to a foreign land. Doing so thwarts the country's policy of welcoming those who have suffered persecution in their home countries and "threaten(s) to further marginalize refugees," according to court records.

Exodus expects to receive 890 refugees this year, all of whom have been cleared by the federal government. About one-quarter of those will be coming from Syria.

Cole Varga, Exodus's interim director, said it's unclear how much funding the group is at risk of losing. He said the state could target the entire grant Exodus receives for employment training, or just a portion of it based on who's benefiting from the money.

The Archdiocese of Indianapolis, despite Pence's order, relocated a Syrian family to the city using its own resources. The family of four had passed two years of security checks.

Pence later said that although he opposed the family's relocation to Indiana, he would not block them from receiving state aid, such as food stamps and health care. The state will still pay for those services for refugees who are already in Indiana.

The Associated Press contributed to this story.

Call IndyStar reporter Kristine Guerra at (317) 444-6209. Follow her on Twitter: @kristine_guerra.

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