WHEREAS, Wyoming is a sovereign state under the Tenth Amendment of the U.S. Constitution; and
WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the States; and
WHEREAS, the Federal Refugee Act of 1980, 8 U.S.C. ss 1521et seq. and related
federal regulations, 45 CFR 400 et seq. authorize a Governor to submit a state plan to the US Office of Refugee Resettlement for initial refugee resettlement; and
WHEREAS, no federal law or regulation requires the Governor to consult with or
seek consent from local governments or the state legislature before obliging state funds for the federal refugee program; and
WHEREAS, the Refugee Act of 1980 also requires certain federal agencies to consult with local governments before the placement of refugees in states and localities; and
WHEREAS, federal reports acknowledge the involuntary transfer of federal refugee resettlement program costs to state and local governments due to reductions in federal spending for refugee assistance; and
WHEREAS, the involuntary transfer of federal program costs absent a direct
appropriation by the Wyoming State Legislature violates the State Constitution (Art. 3 Sec. 35) and the Tenth Amendment; and
BE IT RESOLVED, that no action should be taken by the Governor related to the
federal refugee resettlement program without prior consultation and consent from local governments throughout the state; and
BE IT RESOLVED that no action should be taken by the Governor related to the
federal refugee resettlement program the effect of which would nullify and/or
violate the Constitutional duty and exclusive institutional authority and power of
the Wyoming State Legislature to expend public money pursuant to appropriations made by law; and
BE IT RESOLVED that the Governor shall not make any decisions or obligate the
State of Wyoming in any way with regard to the federal refugee resettlement
program unless authorized by a joint resolution of the Wyoming State Legislature.
Passed:
Wyoming Republican Party, 22 May 7 State Convention
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