Governor Bentley Files Appeal to the United States Court of Appeals for the Eleventh Circuit

MONTGOMERY–Governor Robert Bentley on Tuesday filed an appeal to the United States Court of Appeals for the Eleventh Circuit, relating to the federal government’s non-compliance with the Refugee Act of 1980. The Governor’s statement is below.

“Today I have filed an appeal to the United States Court of Appeals for the Eleventh Circuit after the dismissal of Alabama’s suit against the federal government on July 29, 2016.  The District Court based its dismissal on a technicality, a finding that Alabama may not sue to enforce the Refugee Act; the District Court did not find that the federal government was fulfilling its obligations under the Act. Alabama’s case against the federal government seeks a court order requiring the government to comply with its statutory obligations to consult with the state before placing refugees within its borders. My problem is not with individual refugees, rather my issue is with the federal government and the unwillingness to enforce their own laws and follow their own procedures.  In the Refugee Act, Congress specifically required the federal government to consult with the state regarding the placement of refugees before placement within the state’s borders. That consultation with Alabama has not occurred, as the federal government implicitly acknowledged in its legal filings by not arguing that it is consulting with the state. I will continue to fight this issue until the federal government is held accountable for its non-compliance and is properly including the states in this important decision-making as required by law.”

The Notice of Appeal can be found here.