Joel Ebert

USA TODAY NETWORK - Tennessee

Despite having concerns, Gov. Bill Haslam will allow Tennessee to become the first state in the nation to sue the federal government over refugee resettlement on the grounds of the 10th Amendment.

On Friday, Haslam announced his decision to allow the measure, which directs Attorney General Herbert Slatery to sue the federal government for noncompliance of the Refugee Act of 1980, to take effect without his signature.

The federal act was designed to create a permanent procedure for the admission of refugees into the United States.

Explaining his decision, Haslam noted the provisions in the bill that allow the General Assembly to hire outside counsel if Slatery refuses to pursue the case.

"I trust the attorney general to determine whether the state has a claim in this case or in any other, and I have constitutional concerns about one branch of government telling another what to do," Haslam said.

Slatery's office has not indicated whether he would follow the legislature’s directive. A spokesman said this week that the attorney general will find the "best option to continue to protect the interests of Tennessee.”

Haslam also questioned whether it was the "proper course" for the state to attempt to dismantle the refugee act.

"Rather, I believe the best way to protect Tennesseans from terrorism is to take the steps outlined in my administration’s Public Safety Action Plan, which enhances our ability to analyze information for links to terrorist activity, creates a Cyber Security Advisory Council, restructures our office of Homeland Security, establishes school safety teams and provides training for active shooter incidents and explosive device attacks," he concluded.

Shortly after Haslam announced his decision, a critic of the measure said it would solidify the state's reputation "as the most unwelcoming state in the country."

Refugee resettlement has become a hot-button issue throughout Tennessee and the rest of the country as the nation continues to take in people from around the world, including Syrians who have fled their country amid a bloody civil war.

Proponents of the measure have argued the lawsuit is necessary because the federal government has failed to consult with Tennessee on the continued placement of refugees.

Opponents, including the American Civil Liberties Union of Tennessee and the Tennessee Immigrant and Refugee Rights Coalition, argue the resolution will negatively affect the state’s refugee community and perpetuate a culture of fear.

Senate Majority Leader Mark Norris, R-Collierville, who was among the more outspoken advocates of the resolution, said it is necessary to initiate legal proceedings for declaratory relief given the fact that the federal government has not consulted with the state on the resettlement of refugees.

The legislation received wide support in both chambers, with as many as 23 Republicans sponsoring the measure in the Senate. The chamber approved it with a 27-5 vote in February with the House supporting it with a 69-25 vote in April.

Senate passes resolution to sue federal government over refugees

Sponsors of the measure have indicated the Thomas More Law Center, a nonprofit public interest Michigan-based law firm, will provide free legal services to the state if the attorney general declines to take up the matter.

Prior to Haslam announcing his decision, the ACLU and TIRRC encouraged the governor to veto the measure.

Stephanie Teatro, co-executive director of TIRRC, criticized the governor's decision.

"By failing to veto this dangerous and misguided resolution the governor has helped secure Tennessee's reputation as the most unwelcoming state in the country," said Teatro, who believes any legal challenge would fail in the courts. "By allowing the resolution to proceed and not addressing its hateful underpinnings, the governor is enabling dangerous anti-refugee and anti-Muslim sentiment to persist."

Spencer Bowers, a spokesman for the Tennessee Democratic Party, said Haslam was caving to right-wing extremists.

Haslam was also lobbied by Norris, who started an online petition with the headline, “Don’t let potential terrorists come to Tennessee,” which asks Tennesseans to join in the effort to ask the attorney general to act.

While some believed the legislation could not be vetoed by Haslam, the governor’s office noted that the state's constitution indicates otherwise because it is a joint resolution.

Haslam not ruling out possibility of other vetoes

Two other states — Texas and Alabama — have sued the federal government over refugee resettlement, but Tennessee’s lawsuit would be the first based on the 10th Amendment, which states that the federal government possesses only powers delegated to it by the U.S Constitution and that all other powers are reserved for the states.

While arguing in favor of the resolution, Norris pointed out that although the state opted out of the federal resettlement program in 2008 under then-Gov. Phil Bredesen, the feds have required Tennessee to participate in the program.

Although 14 states, including Tennessee and most recently Kansas and New Jersey, have opted out of the federal program, that does not mean refugees are not sent to their states. Instead, voluntary agencies have entered into cooperative agreements with the U.S. State Department to coordinate resettlement efforts. In Tennessee, Catholic Charities handles refugee resettlement.

As the Tennessee measure made its way through the legislature, some lawmakers pointed to the March 22 terrorist attack in Brussels to further that point.

Between last October and March, 17 of the 702 refugees, or 2 percent, who were resettled in Tennessee came from Syria, according to Catholic Charities. The vast majority — 514 — were from the Democratic Republic of Congo, Burma, Somalia and Iraq.

Overall, Tennessee was 18th in the nation in terms of the total number of refugees received during that time period, according to federal statistics.

Holly Johnson, state refugee coordinator for Catholic Charities, called Haslam's decision disappointing. She said it takes from 18 to 24 months for someone to go through the screening process. She added that as of a few years ago, most refugees waited more than 10 years to be resettled.

Those defending the resettlement program have noted the financial benefit refugees provide to the state. A 2013 report presented to the Joint Government Operations Legislative Advisory Committee determined that refugees and their descendants provided $1.4 billion in revenue for Tennessee between 1990 and 2012, compared with requiring $753 million in state support.

Reach Joel Ebert at 615-772-1681 and on Twitter @joelebert29.