Arizona Gov. Doug Ducey comes under fire for call to halt all new refugees

Refugee advocates are criticizing almost two dozen governors, including Arizona's Doug Ducey,  for attempting to keep refugees out of their states following Friday's terrorist attacks in Paris.

Advocates say refugees accepted for resettlement in the U.S. must first pass rigorous background checks. They are concerned politicians are confusing the U.S. resettlement program with the hundreds of thousands of Syrian refugees streaming uncontrolled into Europe as migrants.

"I think it’s really a disgrace that politicians in this country are fanning those fears at the expense of refugees who are in desperate need of protection," said Kathleen Newland, senior fellow at the Migration Policy Institute, a think tank in Washington, D.C.

At least 23 governors have demanded that the federal government stop sending Syrian refugees to their states out of concern terrorists could try to come into the U.S. disguised as refugees.

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Ducey went even further. He called on the federal government for an immediate halt on the resettlement of all refugees in Arizona, not just Syrians.

Arizona State University constitutional law professor Paul Bender said Ducey's response is within the bounds of the law.  He and the other governors can ask the federal government to stop the resettlement, Bender said. But the states have no power to halt it.

"He (Ducey) understands that it’s up to the federal government, and all the states can do is ask for a consultation," Bender said. "States cannot stop people from coming into the state by themselves — that's unconstitutional. Only the federal government can do that in controlling immigration."

Craig Thoresen, executive director of Refugee Focus, a resettlement agency in Phoenix, said he understands the concerns about safety, but he believes Ducey is overreacting.

"I think this is a knee-jerk reaction," said Thoresen.  "We all want to be safe and secure and make sure there is not an avenue for terrorists, but most refugees are fleeing the same terrorists we are fighting. They are victims as much as the folks in Paris and we grieve for that."

The U.S. refugee resettlement program has demonstrated over the decades that it "has been a very safe, a very thorough program," Thoresen said. "I think Gov. Ducey will find that refugees are very thoroughly vetted and hopefully will open it up again."

Rigorous screening process

Before refugees are admitted to the U.S. they undergo multiple layers of screening, Newland said.

"It is extremely rigorous," Newland said. "Refugees go through several layers ....  This is a process that can take two years, and routinely lasts a year to 18 months."

Among the steps in the process:

• Refugees are first reviewed in the country where they are living by the United Nations High Commissioner for Refugees. 
• Those who are referred by UNHCR for resettlement in the U.S. must then pass a background check through several databases, including the State Department consular data base, the Department of Homeland Security database and the FBI database. Refugees who raise any concerns are further screened through the National Counterterrorism Center database, Newland said.
• Refugees also undergo a face-to-face interview.
• They must pass fingerprinting biometric checks.

Newland said tougher screening measures for refugees were put in place after the Sept. 11, 2001 terrorist attacks.

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Since then, the U.S. has admitted about 785,000 refugees, she said. None have committed terrorist attacks, although three were charged with terrorist-related crimes, she said.

"Refugees are the most security-vetted population of immigrants coming into the United States," said Donna Magnuson, executive director of the International Rescue Committee's Phoenix offices.

She said refugees have contributed to Arizona through employment, home ownership and business ownership, adding that they "come with great gratitude to the country of America for the safety and security" that the U.S. has given them.

Joanne Morales, director of refugee programs at Catholic Charities in Phoenix, said refugees escaping Syria are among the most vulnerable in the world.

"They are escaping from the atrocities that have been perpetuated by some of these (terrorist) groups," she said.

Ducey asks for consultation

Ducey issued a statement on his decision Monday, saying he is invoking the state's right "to receive immediate consultation by federal authorities per the United State Refugee Act, and that the federal government take into account the concerns and recommendations of the state of Arizona as they are required to under federal law, in our efforts to keep our homeland safe."

He also called on Congress and President Barack Obama to amend federal law to give states greater oversight and authority over the placement of refugees.

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"These acts serve as a reminder that the world remains at war with radical Islamic terrorists," Ducey's statement said. "Our national leaders must react with the urgency and leadership that every American expects to protect our citizens.”

Jake Hoffman, a spokesman for the Republican Party of Maricopa County, applauded Ducey.

"Ensuring the safety of Arizona citizens is the primary duty of our elected leaders and the Republican Party of Maricopa County emphatically supports Governor Ducey's efforts to prevent the Obama administration from flooding our state with unvetted refugees, many of whom may be agents of ISIS that seek to harm the American people,” a statement from Hoffman said.

U.S. Sen. John McCain, R-Ariz., called on Obama's administration to ensure Syrian refugees are able to pass a rigorous and "exhaustive" vetting process by law enforcement and government security agencies before being allowed into the U.S.

“It is clear that in the aftermath of the terrorist attacks in Paris, the federal government must provide greater assurances to state and local officials – and to the American people – that there is an effective process in place to vet Syrian refugees and protect our national security," McCain said in a statement.

"The most effective step we can take to help refugees is to set up humanitarian safe zones in Syria and neighboring countries protected by U.S. airpower and local ground forces with American and allied support. Failing to address this problem at its source – as President Obama has done for years – will only prolong the conflict, produce more refugees, and place our security at greater risk,” the statement from McCain added.

Syrian refugee understands concerns

Syrian immigrant Emeline Gabbour said she "totally understands" concerns that terrorists could try to sneak into the U.S. by pretending to be refugees.

The U.S. needs to "be careful and just do a thorough background check," she said.

But she believes closing the door to refugees from Syria would be a mistake. The Phoenix resident came to Arizona in 2010 to study architecture but decided to stay after the Syrian conflict erupted in 2011. Her husband, Hussam "Sam" Alyousef, was jailed and tortured for speaking out against Syrian dictator Bashar Assad's regime and later was granted asylum to come to the U.S.

"I understand where they are coming from. I understand their fears but I can't totally agree because I am a refugee myself," she said. "I feel bad for those genuine refugees who just want a safe place to live."

Arizona has accepted 112 refugees from Syria this year, and 3,616 overall, according to Arizona Refugee Resettlement Program. Last year Arizona ranked sixth among states for accepting refugees.

Obama has called on the U.S. to accept 10,000 Syrian refugees in the current fiscal year, which began Oct. 1. Of those, about 400 could be resettled in Arizona, based on past resettlement patterns.

A measured response

ASU constitutional law expert Bender said Ducey's response was more measured than responses from other governors who flat-out said they were going to reject refugees, Bender added. All of the governors are Republican except Gov. Maggie Hassan of New Hampshire, according to USA Today.

Nevertheless, the Arizona governor's decision drew swift criticism by some.

State Sen. Steve Farley, D-Tucson, said Ducey’s move was “nothing but a political stunt” that could provide a more fertile breeding ground for terrorism.

“It’s amazing he’s calling for the halt of any new refugees from anywhere in the world — as if one terrorist attack in Paris makes Central American refugees an anathema. When you have the leader of an American state banning refugees … then you are playing right into the recruitment tactics” of ISIS, Farley said.

The refugees are “not the problem," he added. "These refugees are taking advantage of what has been an American message for decades — for centuries … that we will be the safe harbor of those who those who are running from terror elsewhere. For us to say they’re not welcome here will create a more fertile breeding ground.”

Reporter Dan Nowicki contributed to this story. 

Follow the reporters on Twitter @yvonnewingett and @azdangonzalez. And reach Wingett Sanchez at yvonne.wingett@arizonarepublic.com and 602-444-4712.