Indiana governor taken to court for refusal to allow Syrian refugees in his state

Indiana Gov. Mike Pence is confident he has the authority to suspend his state's participation in the resettlement of Syrian refugees.Reuters

Indiana Gov. Mike Pence has been sued for ordering state agencies to suspend the resettlement programme for Syrian refugees in the U.S. state.

Pence made the decision on Nov. 16, three days after the terror attacks in Paris in which a Syrian refugee was identified as one of the suspects.

"In the wake of the horrific attacks in Paris, effective immediately, I am directing all state agencies to suspend the resettlement of additional Syrian refugees in the state of Indiana pending assurances from the federal government that proper security measures have been achieved," Pence said in a statement.

In response, the American Civil Liberties Union (ACLU) of Indiana filed a lawsuit against the governor on Monday on behalf of the Exodus Refugee Immigration, an organisation that receives state funds to assist in the resettlement of approved and screened refugees.

The organisation worked with 892 refugees in Indiana in 2015 and was supposed to receive 890 refugees in 2016 including 215 from North East and South Asia including Syrian refugees.

The lawsuit said 19 Syrians have been approved for refugee status by the federal government and they are expected to arrive in Indiana in the next few weeks.

In the lawsuit, the ACLU-Indiana said a Syrian family scheduled to come to Indiana was diverted to Connecticut after Pence's decision was issued.

The ACLU-Indiana said the suspension of the resettlement of Syrian refugees while continuing to allow the resettlement of other refugees violates the equal protection clause of the U.S. Constitution.

It said Pence's action represents intentional discrimination in violation of the Civil Rights Act of 1964.

The lawsuit is asking to court to issue a preliminary injunction against Pence's order and declare it unlawful and unconstitutional.

ACLU-Indiana legal director Ken Falk said the Syrian refugees "have been vetted extensively by the federal government," according to the Associated Press.

"Our lawsuit is quite simple. It argues that the governor has no right to bar refugees because doing so clearly violates equal protection," he said.

Falk said he expects similar lawsuits to be filed against more than two dozen states, mostly under Republican governors, that have decided not to accept Syrian refugees.

Following the lawsuit, Pence's spokesperson Kara Brooks stated that, "The governor is confident he has the authority to suspend the state's participation in the resettlement of Syrian refugees in Indiana and will not reverse course until the Administration and Congress take action to pause this programme and implement measures necessary to address security gaps acknowledged by the FBI and Department of Homeland Security."