Can Governors Legally Block Refugees from Coming to Their States?
Since the terrorist attacks in Paris, as many as 30 governors have come out to oppose bringing more Syrian refugees to resettle in the U.S.
But can they legally block refugees from coming to their states?
Judge Andrew Napolitano joined Stuart Varney this morning on FBN's “Varney & Co.” to break down the implications.
“They can legally say what they want, but they can’t really interfere with what the federal government does,” he said.
“The court has ruled that the admission of immigrants – whether for humanitarian purposes, political asylum purposes, or pursuant to the quotas that we have – is strictly a federal function,” he continued.
In response to the influx of migrants “from the American invasions of Afghanistan and Iraq,” Congress in 2005 gave President George W. Bush unlimited authority to admit people for humanitarian purposes, noted Judge Napolitano.
And that has since been passed over to President Obama, he added.
“Here, he has the absolute lawful authority – may not like the way he’s exercising it, but he has it,” said the judge. “To admit people for political asylum and humanitarian purposes.”
Watch more of Judge Napolitano’s analysis above.