Chief United States Magistrate Judge John E. Ott

MONTGOMERY-Friday, July 29  Chief United States Magistrate Judge John E. Ott dismissed a lawsuit filed by the state of Alabama against the federal government. The lawsuit was concerning the relocation of refugees, particularly Syrian refugees.

Bentley announced the lawsuit in January concerning the relocation of refugees, particularly Syrian refugees.  He said the government violated the Refugee Act of 1980. That Act specifically requires the federal government to consult with the state regarding the placement of refugees before those refugees are placed within its borders.

Ott dismissed the lawsuit Friday, nearly eight months from the time Bentley filed suit, with prejudice, and wrote the allegations were vague.

Governor Robert Bentley

Governor Robert Bentley released this statement concerning the dismissal of  Alabama’s case against the Federal Government:

“I am disappointed in the court’s decision to dismiss Alabama’s case against the federal government for non-compliance of the Refugee Act of 1980. My problem is not with individual refugees, my issue is with the federal government and their inability to enforce their own their laws. The federal government has a total disregard for the states safety. The Alabama Constitution gives me the sovereign authority and solemn duty to protect the health, safety and welfare of all citizens of Alabama. Under the plain words of the Refugee Act, Congress granted all States the right to be consulted and involved in the refugee resettlement process – prior to refugees being placed within their borders. In February, during the National Governors Association Conference, members of the President’s administration assured me and my colleagues they would address and respond to our concerns, but they never did. This is not just an Alabama issue, nearly 30 additional Governors joined me in expressing their concern in the federal government’s refugee resettlement program. We believe the federal government should be held accountable for its failure to recognize and respect those rights. We will review the Order and Memorandum Opinion in more detail to make a decision on whether to appeal.”

The State has 60 days (until September 27, 2016) to file a notice of appeal.