Syrian opposition: states vs. refugees.

• Author: Root, Damon
• Position: Citings - Resettlement of refugees in the United States - Brief article

THE NOVEMBER terrorist attacks in Paris have prompted the governors of 26 U.S. states to oppose the resetdement of Syrian refugees within their borders. Is this mere political grandstanding, or do governors actually possess the lawful power to keep Syrian refugees--or any other class of legally admitted aliens--out of their respective states?

The U.S. Supreme Court provided an answer to these questions in a 1915 decision, Truaxv. Raich. At issue was the constitutionality of an Arizona law designed to prevent unwelcome foreigners from settling in that state by denying them the ability to secure meaningful employment. Under the terms of Arizona's "act to protect the citizens of the United States in their employment against non-citizens of the United States," all businesses with more than five employees were required to maintain a workforce that was at least 80 percent "qualified electors or native-born citizens." As a direct result of this legislation, an Austrian-born cook...