Judge again denies attempt to block Syrian refugees

Texas, traditionally a hub for refugees, has been sparring with the Obama administration over the relocation of people fleeing the Syrian civil war. Here are the 10 things you need to know about the legal battle.

Syrian refugees carry a baby over the border fence into Turkey from Syria, June 14, 2015. less Texas, traditionally a hub for refugees, has been sparring with the Obama administration over the relocation of people fleeing the Syrian civil war. Here are the 10 things you need to know about the legal ... more Photo: Lefteris Pitarakis, Associated Press Photo: Lefteris Pitarakis, Associated Press Image 1 of / 17 Caption Close Judge again denies attempt to block Syrian refugees 1 / 17 Back to Gallery

A judge on Monday denied another effort to stop the federal government from placing Syrian refugees in Texas, dealing a defeat to Gov. Greg Abbott and Attorney General Ken Paxton.

"It is certainly possible that a Syrian refugee resettled in Texas could commit a terrorist act, which would be tragic," U.S. District Judge David Godbey wrote in an 11-page ruling. "The Court however, cannot interfere with the executive's discharge of its foreign affairs and national security duties based on a possibility of harm, but only on a proper showing of substantial threat of irreparable injury."

It was the second time Godbey has refused to grant an emergency injunction requested by Abbott and Paxton that would pause Syrian refugee placement in Texas.

Abbott and Paxton, both Republicans, have taken the lead in a nationwide attempt by GOP officials to block refugees from the war-torn country in the aftermath of the deadly attacks in Paris, carried out by terrorists thought to have ties to the Syria-based Islamic State.

Refugee resettlement is a federal responsibility, however, and no judge has found that state officials have any power to block refugees.

Texas resettles about 10 percent of all refugees admitted to the United States, and it already has accepted dozens of refugees from Syria. The topic also is particularly controversial here because federal officials last month arrested an Iraqi-born man who had come as a refugee on charges of providing material support to the Islamic State.

The latest request in Texas arose after the federal government last month placed a family of seven -- a married couple and their five young children -- in Houston. State officials objected, saying they had not received the advance notice that they had been promised.

Late Monday, after the ruling, a Paxton spokeswoman said the Attorney General's Office was "evaluating our options."

"At a minimum, Texans deserve to know if the people moving into our communities and neighborhoods have a history of providing support to terrorists," said the spokeswoman, Cynthia Meyer. "In today's ruling, the court acknowledged the validity of our concerns, but ruled existing federal law does not grant states a sufficient voice, which would effectively leave it to Congress to make necessary changes."

The ruling denied an emergency injunction but left open the possibility that the Texas lawsuit could ultimately be decided in the state's favor. Godbey ruling made clear that was unlikely, however.

"The Commission is unlikely to succeed on the merits," Godbey wrote, "because it has no viable cause of action against the Federal Defendants."