Court Ruling: Gov. Mike Pence Discriminated Against Syrian Refugees

posted on: Oct 3, 2016

BY: Nisreen Eadeh/Staff Writer

A federal appeals court on Monday ruled against Indiana Governor Mike Pence for blocking payment to a nonprofit resettling refugees, including Syrians, called Exodus. The agency was barred from receiving contract-binding payments from the state of Indiana under Pence’s belief that Syrian refugees could be terrorists in disguise.

The three judges on the Seventh Circuit Court of Appeals charged Pence with “discrimination on the basis of nationality.” The ruling affirmed an order given to Gov. Pence by a lower court.

“Fearing that Syrian immigrants may be potential terrorists, the governor wants to minimize their number in Indiana,” Judge Richard Posner wrote. Since Pence lacks the power to close Indiana’s borders, he chose to go after the refugee resettlement agency instead. The court declared, however, that Pence is basing his justification off “a nightmare speculation” that defies evidence.

Judge Posner wrote, “the brief provides no evidence that Syrian terrorists are posing as refugees or that Syrian refugees have ever committed acts of terrorism in the United States. Indeed, as far as can be determined from public sources, no Syrian refugees have been arrested or prosecuted for terrorist acts or attempts in the United States.”

In his conclusion, Judge Posner compared Gov. Pence’s statement to a governor who wouldn’t want black people to live in India – not because they’re black, but because they’re afraid of them. Judges Frank Easterbrook and Diane Sykes backed the opinion. All three of the judges are conservative, making their decision all the more relevant in the 2016 election cycle where Syrian refugees have been a hot button issue.

The court’s decision comes one day before Gov. Pence goes head to head with Senator Tim Kaine (D-VA) in the vice presidential debate. Gov. Pence’s policy echoes the proposal of Republican presidential nominee Donald Trump, who for nearly a year has called for a ban on all Syrian refugees from entering the U.S. Trump has famously accused Syrian refugees of being a “Trojan horse”, saying, “We shouldn’t have them in the country. We don’t know who these people are. We have no idea. This could be the all-time great Trojan horse.”

Despite a clear noting by the court that the refugee vetting process is lengthy and secure, a spokeswoman for Gov. Pence claimed that there are still “gaps” in the federal government’s ability to properly screen Syrian refugees for terrorists.