4th Circ. Upholds Ban On Trump's Opt-In Refugee Order

Law360 (January 8, 2021, 1:03 PM EST) -- The Fourth Circuit held Friday that President Donald Trump's order allowing states and localities to refuse refugees is illegal, upholding a Maryland federal judge's ruling that halted the order from taking effect.

A three-judge panel found that Trump's 2019 executive order, which would require local governments to affirmatively consent to participating in the refugee resettlement program, conflicted with the Refugee Act. That law calls on the federal government to "consult" with localities before settling refugees there.

The executive order's mandate that states consent to taking in refugees conflicts with that consultation requirement "on its face," U.S. Circuit Judge Barbara Milano Keenan...

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