Nationwide Anti-Refugee Legislation By State

In 2016, politicians in state governments introduced dozens of misguided, mean-spirited and, in many instances, unconstitutional bills attempting to prevent lawfully admitted refugees from living in their state. Some even claimed that by stopping resettlement, they would stop their state from being “Islamicized.” The ACLU joined with faith groups, community activists, and refugees to fight back against this onslaught of bad ideas.

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Alabama

1-2 bills introduced

HJR 28Urges Congress to amend the Refugee Act.

Arizona

3-4 bills introduced

SB 1452: Required resettlement agencies to carry insurance in the event that a refugee commits a violent crime, and to cover the costs of prosecuting the refugee.

HB 2370The state and subdivisions thereof are prohibited from supporting refugee resettlement unless the immigrant has undergone a background check and the federal government has agreed to reimburse. 

HB 2682: Requires licenses to care for refugees and unaccompanied minors. 

HB 2691: Audits state resettlement processes. 

California

1-2 bills introduced

SJR 21: Resolution supporting the American Security Against Foreign Enemies Act of 2015.  

Delaware

1-2 bills introduced

HB 299Requires Department of Social Services to notify the governor and the Secretary of the Department of Safety and Homeland Security of refugees resettled in the state who have lived in a country on the state sponsor of terror list. 

Florida

1-2 bills introduced

H 1095Prohibits the state, political subdivisions, and persons receiving state funds from assisting with resettlement; directs state law enforcement to conduct background screenings; authorizes the governor to use military force to keep out “restricted persons.”

Kansas

1-2 bills introduced

HB 2612Allows state to declare refugee resettlement “moratoriums.”

Michigan

3-4 bills introduced

SCR 22Resolution urging the governor to maintain his present stance resisting the resettlement of Syrian refugees in the state.

HR 198Declaration of opposition to resettlement. 

HB 5528Requires DHHS to develop a model for determining “absorption capacity” and share that information with units of local government.

HB 5529Requires resettlement agencies to report to the state whether or not they are receiving federal grants to provide services for refugee resettlement to determine if there is a conflict of interest with any state grants, and requires agencies to annually update the state police on refugees brought into the state.

Missouri

5+ bills introduced

HCR 97Prohibits the use of state funds to support refugee resettlement.

HB 2652: Eliminate funding for public schools, community based organizations, resettlement agencies, and non-profits to teach English to immigrants and refugees.

HB 2653Repeals a provision authorizing the Department of Social Services to offer grants to programs engaged in the resettling of refugees and legal immigrants.

HB 2654Requires refugees placed in the state under the federal Refugee Resettlement Program to register with the Department of Social Services.

HB 2782Requires refugee resettlement, vaguely defined, to be approved by the Missouri General Assembly.

HCR 117Description: “Urges Congress pass legislation that prohibits the administration from allowing refugees into the United States.”

Minnesota

1-2 bills introduced

SF 2843Audits federal, state, local, and nonprofit expenditures on refugee resettlement.

SF 3587: Requires the legislative auditor to conduct audits of refugee resettlement expenditures in the state, including of the non-profit agencies.

Mississippi

1-2 bills introduced

SB 2331Allows the state to declare resettlement “moratoriums.”

Nebraska

1-2 bills introduced

LB 966Required resettlement agencies to carry insurance in the event that a refugee commits a violent crime, and to cover the costs of prosecuting the refugee. 

North Carolina

1-2 bills introduced

HB 1086Requires localities to demonstrate that they have “absorptive capacity” before requesting to host refugee resettlement and allows local governments to request “moratoriums.”

New York

1-2 bills introduced

HB 6253Requires state Department of Social Services to conduct background screenings and to provide the results of those screenings to state law enforcement agencies. The state will also maintain a database.

Oklahoma

1-2 bills introduced

HB 2861Prohibits the use of funds for refugee resettlement.

South Carolina

5+ bills introduced

S 928The state will cease supporting any refugee resettlement until the federal government changes its process to address security concerns and the State Law Enforcement Division confirms that the refugees resettled in the state do not pose a security risk.

S 997Requires refugees to ‘register’ with DSS and provide personal information that becomes publicly available on a state website; allowing people who are injured or killed by a refugee from a state sponsor of terrorism to recover damages from the resettlement agency, and; the prohibition of state or local funds from being used to support the refugee resettlement program.

H 4396Allows state to declare resettlement “moratoriums.”

H 4408Prohibits the use of state or local funds to support refugee resettlement.

H 4477Prohibits state and local officials from supporting the resettlement of “Middle Eastern” refugees.

H 4488: Prohibits state agencies from participating in refugee resettlement. 

South Dakota

1-2 bills introduced

HB 1158Allows the state to declare local “moratoriums” on refugee resettlement.

SB 119Allows the state DSS to assume refugee resettlement responsibilities.

Tennessee

5+ bills introduced

SJR 467Instructs the Attorney General and Reporter to initiate civil action against the federal government for failing to comply with the consultation requirement of the Refugee Act. If they decline, then the state can seek outside counsel.

SB0364 & HB 1195Requires the department to negotiate with the federal office of refugee resettlement to reacquire state administration of the refugee resettlement program.

HB0725 / SB0776Requires Department of Human Services to enter into negotiations with federal government to reacquire state administration of the refugee resettlement program.

SB 1614 (HB 2150)Reacquires resettlement responsibilities for the state. 

SB 1733 (HB 1713): Prohibits state funds from being used to support refugee resettlement while an entity besides the state administers the program.

SB 1929 (HB 2415): Requires the TN office for refugees to “[i]mmediately notify the governor and the commissioner of safety by written or electronic means of any refugee who has been selected for resettlement in this state and who has lived within the preceding five (5) years in a country currently determined by the U.S. secretary of state to have repeatedly provided support for acts of international terrorism.”

Virginia

3-4 bills introduced

HJ 66“Directs the Joint Legislative Audit and Review Commission to identify and evaluate the various fiscal impacts of the Refugee Resettlement Program on the Commonwealth and localities, including costs related to health care, employment, and social and support services for refugees in the Commonwealth and including historical trends and expected future fiscal impacts. As part of its study, the Joint Legislative Audit and Review Commission shall specifically address the costs, current and future, of resettlement of Syrian refugees in the Commonwealth.”

HB 494No agency or official “on official state duty, shall knowingly aid, participate with, or otherwise provide any assistance to (i) any agency, department, or other instrumentality of the federal government, or any officer or employee thereof, with the resettlement in the Commonwealth of any refugee as defined in 8 U.S.C. § 1101 who is a national or resident of Iraq or Syria or who is present in Iraq or Syria at any time while the refugee's application for refugee status is pending or (ii) any such refugee who has been resettled in the Commonwealth on or after January 1, 2016”. Allows for state aid if “United States conducted by the Secretary of the U.S. Department of Homeland Security (DHS) and the Director of the Federal Bureau of Investigation (FBI) and (b) the Secretary of the DHS, with the concurrence of the Director of the FBI and the Director of National Intelligence, has certified that the refugee is not a threat to the security of the United States.”

HB 852No “agency of the Commonwealth, political subdivision of the Commonwealth, officer or employee of either acting in his official capacity, or member of the Virginia National Guard or Virginia Defense Force, when such member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty, shall knowingly aid, participate with, or otherwise provide any assistance to (i) any agency, department, or other instrumentality of the federal government, or any employee or officer thereof, with the resettlement in the Commonwealth of any refugee from any country that has been designated a state sponsor of terrorism by the U.S. State Department or (ii) any such refugee who has been resettled in the Commonwealth on or after January 1, 2016.” 

HB 1349Prevents state officials from supporting refugee resettlement; requires state police to conduct background checks; allows the Governor to decline a refugee’s resettlement, even if they have been certified not to pose a security risk by state officials.

Wyoming

1-2 bills introduced

HB 47Requires legislative approval of a refugee resettlement plan. 

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