Resolve, To Require the State To Bring Suit against the Federal Government for Failure To Comply with the Federal Refugee Act of
Maine Legislature, Session 128, LD 1099
Committee: Judiciary
Sponsors: LOCKMAN, DAVIS, BRADSTREET, HANLEY, HARRINGTON, HERRICK, JOHANSEN, SHERMAN, CYRWAY, MASON

Legislative Document
No. 1099
H.P. 773
House of Representatives, March 21, 2017
Resolve, To Require the State To Bring Suit against the Federal 
Government for Failure To Comply with the Federal Refugee Act of 
1980
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative LOCKMAN of Amherst.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: BRADSTREET of Vassalboro, HANLEY of Pittston, HARRINGTON of 
Sanford, HERRICK of Paris, JOHANSEN of Monticello, SHERMAN of Hodgdon, Senators: 
CYRWAY of Kennebec, MASON of Androscoggin.
Whereas, the Federal Government is actively placing refugees in the State; and 
Whereas, the State is required to provide certain benefits and services to eligible 
refugees, including Medicaid services pursuant to 8 United States Code, Section 1612 or 
risk losing Medicaid funding; and 
Whereas, under the United States Constitution, Amendment X as construed by the 
United States Supreme Court in National Federation of Independent Business et al. v. 
Sebelius, 132 S. Ct. 2566 (2012), the Federal Government cannot lawfully coerce the 
State to provide funding with no real option but to acquiesce; and 
Whereas, by conditioning all Medicaid funding on the requirement that the State 
provide Medicaid services to refugees absent other input or control by the State, the State 
is being coerced in violation of both the United States Constitution and the Constitution 
of Maine; and 
Whereas, each member of the Legislature has taken an oath to uphold the 
Constitution of Maine and the United States Constitution; and 
Whereas, if it is constitutionally permissible for the Federal Government to compel 
a state legislative body to perform its most important function, the appropriation of state 
tax dollars, as well as expend its limited resources, personnel and services, the United 
States Constitution, Amendment X has no meaning and the powers of the Federal 
Government are unfettered and boundless; and 
Whereas, the right of Mainers to appropriate tax dollars in a manner determined by 
representatives elected by Maine citizens is fundamental and cannot be usurped; and 
Whereas, if the Federal Government intends to overreach its authority to the point 
that it assumes the traditional role of a state legislative body, it is only fitting and proper 
that the very existence as well as the depth and breadth of this federal power be clarified 
and declared in a court of law; and 
Whereas, the federal Refugee Act of 1980 establishes a framework for collaboration 
and cooperation between the Federal Government and the states in resettling refugees.  
The federal Refugee Act of 1980 requires that the Federal Government "shall consult 
regularly (not less often than quarterly) with State and local governments and private 
nonprofit voluntary agencies concerning the sponsorship process and the intended 
distribution of refugees among the States and localities before their placement in those 
States and localities." 8 United States Code, Section 1522(a)(2)(A); and 
Whereas, the Refugee Act of 1980 requires the Federal Government to consult with 
the State regarding the placement of refugees before those refugees are placed within its 
borders, and that consultation has not occurred; now, therefore, be it 
Sec. 1.  The Attorney General to initiate or intervene in one or more civil 
actions on behalf of the State or seek appropriate relief in a federal court of 
competent jurisdiction.  Resolved:  That the Attorney General shall initiate or 
intervene in one or more civil actions on behalf of the State or seek appropriate relief in a 
federal court of competent jurisdiction regarding the failure of the Federal Government to 
comply with the federal Refugee Act of 1980, as amended, and any actions taken by the 
Federal Government, including the President of the United States, the head of any 
department or agency or any other employee of the executive branch of the Federal 
Government, in violation of federal law or as prohibited by the United States 
Constitution, Amendment X, or any statutory or constitutional provisions of the United 
States or the State, with respect to the operation or implementation in this State of any 
provision of the Federal Government's refugee resettlement program, including any 
revision or amendment by regulation or otherwise pertaining to the program. The civil 
action under this section must seek to prohibit the appropriation of state funds without the 
specific authorization of the Legislature in connection with the federal Refugee Act of 
1980. The Attorney General, in conjunction with the President of the Senate and the 
Speaker of the House of Representatives, may employ the services of outside counsel to 
assist in and consult on the civil action under this section; and be it further 
Sec. 2.  Notice from Attorney General. Resolved:  That the Attorney General 
shall file written notice with the Secretary of the Senate and the Clerk of the House of 
Representatives if the Attorney General chooses not to initiate or intervene in a civil 
action under section 1.  Upon receipt of notice from the Attorney General declining the 
initiation of or intervention in a civil action in section 1, the President of the Senate and 
the Speaker of the House of Representatives are authorized to employ outside counsel to 
commence a civil action in section 1. 
SUMMARY 
This resolve directs the Attorney General to initiate or intervene in a civil action 
against the Federal Government in opposition to the federal Refugee Act of 1980 and the 
imposition of financial mandates on the State.  If the Attorney General sends notice to the 
Senate and the House of Representatives declining to initiate or intervene in a civil action 
required by this resolve, this resolve authorizes the President of the Senate and the 
Speaker of the House of Representatives to employ outside counsel to commence the 
civil action.