Federal Court Rebukes Pence’s Attempt To Bar Syrian Refugees From Indiana

NPR: Federal Appeals Court Blocks Pence’s Plan To Keep Syrian Refugees Out Of Indiana. A federal appeals court on October 3 blocked Republican vice presidential nominee Gov. Mike Pence’s attempt to bar Syrian refugees from Indiana. As reported by NPR, the court argued that “‘Gov. Pence acted illegally in accepting federal money for refugee resettlement and then refusing to use that money to aid Syrian refugees.” From the October 3 NPR report:

A federal appeals court panel Monday blocked Indiana Gov. and Republican vice presidential candidate Mike Pence's attempt to keep Syrian refugees out of Indiana.

The court upheld a lower court judge in barring Pence from interfering with the distribution of federal funds to resettle Syrian refugees in his state. The appeals court panel said that federal law bars discrimination based on nationality.

[...]

In a unanimous opinion, the appeals court said Gov. Pence acted illegally in accepting federal money for refugee resettlement and then refusing to use that money to aid Syrian refugees.

The panel rejected Pence's argument that terrorists are posing as Syrian refugees to gain entry into the U.S., calling it a “nightmare speculation” based on no evidence. Indeed, the court said, the state presented no evidence that any Syrian refugee had been involved in a terrorist act in the U.S. [NPR, 10/3/16]

Pence Falsely Cited A Lack Of “Proper Security Measures” And Evidence-Free Speculation Of Terrorists Posing As Refugees In Defense Of His Refugee Ban

Pence Blocked Syrian Refugee Resettlement In Indiana Due To “Safety And Security” Concerns, Argued That A Lack Of “Proper Security Measures” Could Allow Terrorists To Pose As Refugees. Pence blocked Syrian refugees from resettling in Indiana on November 16, 2015, according to Indianapolis’ Fox 59, citing concerns about “safety and security.” In a statement, Pence said he would bar Syrian refugees from resettling in Indiana until the federal government could make sure “proper security measures are in place.” Pence defended the policy on September 14 in front of the U.S. 7th Circuit Court of Appeals, arguing that the state has a “compelling interest in protecting its residents from the well-documented threat of terrorists posing as refugees to gain entry into Western countries.” The Huffington Post noted that “Pence failed to provide any evidence of this asserted position.” [Fox59.com, 11/16/15, The Huffington Post, 10/3/16]

Pence’s Claims Echoed Right-Wing Media’s Lie That The U.S. Lacks A Refugee Screening Process, So Terrorists Could Pose As Refugees

Fox's Brian Kilmeade: The U.S. Government “Can't Run Background Checks” On Refugees. Fox host Brian Kilmeade claimed that the United States “can’t run background checks” on Syrian refugees and so the government would not know if they are “a bunch of saints or a bunch of ISIS members." From the November 15 edition of Fox News’ Fox & Friends Sunday (emphasis added):

BRIAN KILMEADE (CO-HOST): What's your take on these refugees now, knowing that we can't run background checks, the government that is exporting them has collapsed, we have no idea who they were, they might be a bunch of saints, or a bunch of ISIS members. Being that it's America's security first or France's security first, depending on what country you are in, we cannot continue to have this open borders attitude when it comes to these refugees, don't you agree?

GERALDO RIVERA: I do, Brian, and the problem is that the pictures that you see that are so heart-rending of the refugees coming from Syria, generally speaking, they focus on the women and the children. The fact of the matter is, the majority of the refugees coming are young men of fighting age. Now, how do you vet them? [Fox News, Fox & Friends Sunday, 11/15/15]

Fox's Maria Bartiromo: There Are “Really Not Any Circumstances Where We Can Vet [Syrian Refugees] Properly.” Fox Business host Maria Bartiromo claimed that ”there's really not any circumstances where we can vet [refugees] properly." From the November 16 edition of Fox News’ Fox & Friends:

MARIA BARTIROMO: Does this attack change the conversation in terms of policy? In terms of the presidential election? I mean, now the whole idea of taking in refugees is beginning to become a lot more up for debate than it was earlier. I mean, we don't know if this is actually changing the president's plan who -- President Obama has said he wants to take in the refugees. The issue is that there's really not any circumstances where we can vet these people properly. You don't have a Syrian government that can actually give you the right information about who the refugees really are and if they are who they say they are. [Fox News, Fox & Friends, 11/16/15]

Fox’s Andrea Tantaros: “There Is No Way To Vet Them.” Fox host Andrea Tantaros asserted that “there is no vetting process” for Syrian refugees because “there is no paperwork.” Tantaros also suggested that the vetting process would be complicated because everyone’s name is Muhammad. From the December 8, 2015, edition of Fox News’ Outnumbered:

SANDRA SMITH (CO-HOST): But it goes back to Andrea, your point and your argument all along was, then when we do allow the refugee program to be amped up and we let even more into this country, we have to depend on the government's vetting process to be accurate and carry it out thoroughly.

ANDREA TANTAROS (CO-HOST): And Sandra, there is no vetting process. I mean I literally have outlined it like this. What do we do, your name is Muhammad? Okay, I'll call the police chief in Raqqa. Hey, do you know Muhammed? No, call his brother Muhammed. There is no way to vet them, there is no paperwork. [Fox News, Outnumbered, 12/8/15]

Fox's Ralph Peters: “You Want To Avoid Importing Islamist Terrorists Into Our Country? Don’t Let Muslims In.” Fox News strategic analyst Ralph Peters advocated for the U.S. to ban Muslim refugees from entering the country, claiming that is how we “avoid importing Islamists terrorists into our country.” From the November 16, 2015, edition of Fox Business' Varney & Co.:

STUART VARNEY (HOST): The topic this morning on many people's minds is whether or not we should allow 10,000 Syrian refugees into this country before the end of the year, and another 100,000 next year. We can't -- we don't know who they are. Should we let them in?

RALPH PETERS: Yeah, but that's, again, we need a little more granularity. There are real refugees among the people fleeing Syria and they're Christians. You want to avoid importing Islamist terrorists into our country? Don't let Muslims in, let the Saudis take them. I see a good argument for giving refuge to the Christians fleeing the Middle East, because we have stood by and done nothing while 2,000 years of Christian civilization has been systematically and gruesomely destroyed. [Fox Business, Varney & Co., 11/16/15]

Laura Ingraham: It Takes “One Syrian Refugee ... To Slaughter Americans On Our Streets.” Laura Ingraham fearmongered about a possible threat posed by Syrian refugees, stating that there are “70,000 Syrian refugees coming into this country. It takes five Syrian refugees, or one Syrian refugee who's already hooked up with ISIS, to hook up with some jihadi cell in the United States to slaughter Americans on our streets.” Ingraham also compared the “massive handout of visas to people who want to come into this country, at least from Muslim countries” to “a suicide pact.” From the November 16, 2015, edition of Courtside Entertainment Group's The Laura Ingraham Show:

LAURA INGRAHAM (HOST): 70,000 Syrian refugees coming into this country. It takes five Syrian refugees, or one Syrian refugee who's already hooked up with ISIS to hook up with some jihadi cell in the United States to slaughter Americans on our streets. It doesn't take much, does it?

[...]

The question on the table is, war in the Middle East, home front, secure it at home. A combination of targeted military action on a multilateral basis, with a beefed up homeland defense in our country, a common sense protection of our borders, and stopping this massive handout of visas to people who want to come into this country, at least from Muslim countries. Have to stop this. We cannot give them the gun to shoot us with, give them the noose to put around our necks. This is not a suicide pact here, this being a member of the global community is not a suicide pact for us. None of us voted for this. [Courtside Entertainment Group, The Laura Ingraham Show, 11/16/15]

Sean Hannity: The President Would “Gamble With The Lives Of Americans" By Taking In Syrian Refugees. On the November 16 edition of Fox News' Hannity, host Sean Hannity claimed that Syrian refugees pose a security threat to the United States, saying, “The president insisting still to take in Syrian refugees. The president is going to -- is he going to gamble with the lives of Americans and defy what his own intelligence people are saying? [Fox News, Hannity, 11/16/15]

The Federal Judge Who Blocked Pence’s Directive Debunked Lie That A Lacking Refugee Screening Process Could Lead To Terrorists Entering Indiana

Judge Richard Posner: There Is “No Evidence” To Support Pence’s “Nightmare Speculation” That Terrorists Will Pose As Refugees To Enter Indiana. In the opinion from the U.S. Court of Appeals for the 7th Circuit, Judge Richard Posner explained in a unanimous opinion that Gov. Pence’s claim that terrorists will pose as refugees to infiltrate the U.S. is “nightmare speculation” with “no evidence” to support it. From the October 3 opinion:

The governor of Indiana believes, though without evidence, that some of these persons were sent to Syria by ISIS to engage in terrorism and now wish to infiltrate the United States in order to commit terrorist acts here. No evidence of this belief has been presented, however; it is nightmare speculation. [Opinion in Exodus Refugee Immigration, Inc. v. Michael R. Pence et al., 10/3/16]

Judge Richard Posner: Refugees Wishing To Enter The U.S. Are Already “Required To Undergo Multiple Layers Of Screening By The Federal Government.” Posner also explained that refugees already undergo a lengthy vetting process in which “all persons seeking to enter the United States as refugees are required to undergo multiple layers of screening by the federal government” and they must be screened by the United Nations High Commissioner for Refugees. “The process can take up to two years,” he noted. From the October 3 opinion:

Because of fear of terrorist infiltration––apart from the massive 9/11 terrorist attacks, Boston, New York, and San Bernardino (California) have been targets of terrorist attacks since 2001 by persons not born in the United States––all persons seeking to enter the United States as refugees are required to undergo multiple layers of screening by the federal government, following screening by the United Nations High Commissioner for Refugees, before they can be admitted to the United States. The process can take up to two years. [Opinion in Exodus Refugee Immigration, Inc. v. Michael R. Pence et al., 10/3/16]