Do Governors Need the Final Say Before Refugees are Settled in Their States? (H.R. 5804)

What is H.R. 5804?

(Updated July 27, 2021)

This bill would require the federal government to get permission from state governors before resettling refugees in their states. The Office of Refugee Resettlement would also be prohibited from placing refugees in a locality if that community’s law discourage refugee resettlement.

The Office of Refugee Resettlement is a part of the Dept. of Health and Human Services (HHS), and assist refugees seeking to come to the U.S. in the relocation process and provide services for people who have been granted asylum.

Argument in favor

States should be able to turn away refugees if they don’t want them to be resettled in their communities, and requiring a governor’s approval will ensure that the people’s wishes are fulfilled.

Argument opposed

Refugees admitted to the U.S. should be welcomed with open arms, not told that certain states or cities won’t let them live in their communities. They’re fleeing oppression, not spreading it.

Impact

Communities that have laws discouraging refugee resettlement; states; governors; and the Office of Refugee Resettlement.

Cost of H.R. 5804

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. John Culberson (R-TX) introduced this bill after a lawsuit filed by Texas against the federal government to prevent refugee resettlement within the state was dismissed. Culberson cited potential security concerns and a willingness to let states govern themselves as reasons for sponsoring this legislation:

“It is unbelievable that the power for governors to choose what happens within their own State has been stripped by the federal government. Despite the fact that refugees could pose a serious security threat, governors have no choice but to accept these individuals. Governors have a responsibility to act in the best interest of their constituents, but until this legislation passes, their hands have been tied by the federal government.”

This legislation has five Republican cosponsors in the House.

Of Note: The Office of Refugee Resettlement has resettled over 3 million refugees since 1975, with more than three-fourths of them coming from Southeast Asia or the former Soviet Union. On average, annual refugee admissions have ranged between a low of 27,100 in 2002 and a high of 207,116 in 1980.

Media:

• Sponsoring Rep. John Culberson (R-TX) Press Release