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Can The States Stop Refugee Resettlement Programs?

Here, children stand outside their tents during a sandstorm, in a refugee camp in Lebanon's Bekaa Valley in September.
Bilal Hussein/AP

Here, children stand outside their tents during a sandstorm, in a refugee camp in Lebanon's Bekaa Valley in September.

Since the terrorist attacks on Paris last week, there has been a growing concern over Syrian refugees coming to the United States.

Tuesday Governor Brian Sandoval issued a letter to President Barack Obama asking him to stop sending Syrian refugees here until the federal government reviews resettlement programs.

Nevada has only accepted nine Syrian refugees since the Syrian war started in 2011, but do states have the power to turn these refugees away?  

Michael Kagan an associate professor of law at UNLV told KNPR's State of Nevada that Gov. Sandoval does not have the authority to stop the federal government from sending refugees here.

"States don't control immigration that is a federal responsibility," Kagan said. "And the refugee resettlement program is operated by the Department of State."  

Kagan said the governors who have sent out letters about the refugee resettlement program in the past few days are really just sending out press releases because they don't have much policy control.

Kagan said he was disappointed the Gov. Sandoval sent the letter, but he understands that people have questions.

"I don't think there is a problem in asking the federal government to review or clarify to the public how the refugee program works and how the security screening works," Kagan said, "But I think there is a real loss of perspective here."

He said since the attacks of Sept. 11, 2001, no one who has come through the refugee resettlement program has been arrested or charged in a terrorist-related crime.

Kagan thought it was interesting that Gov. Sandoval and other governors didn't ask anything about other visas, like tourist visas that allow people from around the world to travel to Las Vegas for business or vacation.  

"Refugees are the people who most need to come here," Kagan observed, "For them, their lives and their futures may depend on it. It's not just for fun or for a meeting."

He believes politicians should be playing a "positive role" in helping the public sort through the issue. 

"Fundamentally, we ought to realize that anytime a government is saying 'I don't like you because of our nationality or your religion' that ought to raise alarm bells given our constitutional principals to equal protection," he said.

Kagan said the country should look to similar circumstances in history that later the country has regretted like the effort to not let Jewish refugees into the country at the start of World War II, and during the war, the internment of Japanese-Americans.

From NPR:  Governor Who Started Stampede On Refugees Says He Only Wants Answers

Michael Kagan, associate professor of law, UNLV

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Prior to taking on the role of Broadcast Operations Manager in January 2021, Rachel was the senior producer of KNPR's State of Nevada program for 6 years. She helped compile newscasts and provided coverage for and about the people of Southern Nevada, as well as major events such as the October 1 shooting on the Las Vegas strip, protests of racial injustice, elections and more. Rachel graduated with a bachelor's degree of journalism and mass communications from New Mexico State University.