Brian Bilbro, a South Carolina resident, filed a lawsuit on February 12, 2016 against Governor Nikki Haley, the South Carolina Department of Social Services (SCDSS), Lutheran Services and World Relief of Spartanburg, and the State Refugee Resettlement Agencies over the settlement of refugees in his state.
In addition Governor Nikki Haley, Bilbro and Attorney Lauren Martel have added: numerous other State leaders, President Barack Hussein Obama, Jeh Johnson, Department of Homeland Security Secretary, Gil Kerlikowske, Commissioner, U.S. Department of Customs and Border Protection, Ronald D. Vitiello, Deputy Chief Border Patrol, U.S. Department of Customs and Border Protection, Thomas S. Winkowski, Acting Director Immigration and Customs Enforcement, Loretta Lynch, Attorney General U.S. Department of Justice and Subordinates, Jacob J. Lew, Secretary U.S. Department of Treasury and Subordinate, and Ann Richards, Assistant Secretary of State for Population, Refugees and Migration, to the South Carolina lawsuit concerning the Refugee Resettlement Program.
The suit seeks to stop the State 2016 Refugee Resettlement Plan due to imminent risks to he and his family, personally and economically. This case though not only affects Bilbro and his family, but is seeking to protect all Americans residing in South Carolina.
According to the suit,
“The actions and lack of actions by the two Executives, first The President of America, second for the State of South Carolina office of Governor have had a direct causation and impact on the Plaintiff’s contributions to the numerous services funded by his tax dollars, including, Public Safety, Public Education and Public Health and sanitation as a direct result of the INA, DACA and DAPA programs and directives of the Federal Government, which have changed the dynamics of the immigration program of the United States and the State of South Carolina on Walter Brian Bilbro and his family.”
The suit seeks to cite and rely on a lawsuit brought by the State of South Carolina through Governor Nikki Haley and its Attorney General in December 2014, called “The Brownsville Lawsuit.” The suit took place after young immigrants amassed on our southern border and were summarily ushered into our country without paying heed to our nation’s immigration laws.
Martel sees similarities in the Brownsville case and Bibro’s case. She states,
“the substance of our arguments are similar in the abusive overreach of the Executive Branches’ Authority of the United States Government and the Office of the Governor of the State of South Carolina, in certain actions and omissions To Take Care by the Chief Executives of the United States Government and its aforementioned agencies and the State of South Carolina and its aforementioned agencies,”
She continues in the case to state,
“There was a failure of both executives and the other Defendants named herein to properly vet immigrants and refugees or to keep track of the same after they have been placed in both Federal and State Jurisdictions to enforce the laws and regulations of the Laws of the United States of America and the Laws of the State of South Carolina by the appropriate agencies and government directives. That unilateral suspension or abandonment of the Nation’s immigration laws is unlawful. Only this Court’s immediate intervention can protect the Plaintiffs from dramatic and irreparable injuries.”
Simply stated, our nation has immigration laws, and the case Martel and Bilbro are pursuing is to have all governmental agencies involved obey the law set forth in the United States Constitution and the South Carolina Constitution.
The lawsuit against the overreach of this federal refugee program will be bolstered by expert witnesses, not the least of which is Senior Special Agent, INS (Ret.) Michael Cutler, notably one of the top experts in immigration and border control issues.
Mr. Cutler states in his affidavit,
“As a former Special Agent, I believe that a lack of integrity to the vital screening process of aliens seeking entry into the United States, especially those aliens who seek political asylum but whose true identities and backgrounds cannot be verified, pose a particular concern to national security and public safety. On September 11, 2001, while the United States was attacked by international terrorists all of whom were aliens who had all managed to enter the United States through ports of entry by gaming the visa process and/or the inspections process conducted at ports of entry, the actual violence and murders were carried out within towns and cities in our country. The point is that the imminent dangers created for national security and public safety are not only matters of national concern. American’s compassion must never create vulnerabilities easily exploited by international terrorists and criminals, thereby undermining national security and endangering the lives and safety of citizens and residents of the United States.”
If the plaintiff wins this case it would essentially protect Americans across the country as a precedent would be set for the numerous other states desiring to opt out of the ill-advised Refugee Program.