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Parts Of Tennessee’s Refugee Act and State Dept’s Visit To State Stop Making Sense

Posted by Christopher Coen on February 12, 2012

David Robinson, acting assistant secretary of the Bureau of Population, Refugees and Migration apparently spent some time discussing the new refugee law implemented in Tennessee last year – the Refugee Absorptive Capacity Act. State Sen. Jim Tracy, who sponsored the Act, alleges that the State Department thinks the new bill [actually a law now], which allows for local refugee moratoriums and codifies the federal regulation requiring quarterly meetings between resettlement agencies and local officials, is “just fine”. (???) An article in the Shelbyville Times-Gazette gives a view of the meeting from Tracy’s perspective:

A top representative of the U.S. State Department was in Tennessee this week to discuss a law dealing with the state’s refugee resettlement program.

The Refugee Absorptive Capacity Act, which originated from the desk of State Sen. Jim Tracy, became law last July. It’s the first bill of its kind.

It requires the state’s refugee program agency, Catholic Charities, to meet four times a year with local governments to plan and coordinate “the appropriate placement of refugees in advance of the refugees’ arrival …”

The law also allows local communities to apply for a “moratorium” on refugee resettlement if those agencies overload local resources, and so far, Tennessee is the only state that has passed this type of legislation…

A number of refugees from a variety of countries, such as Somalia, Burma and Egypt, have moved to Shelbyville in recent years to be closer to jobs at the Tyson Foods facility.

Tyson Foods needs workers who will willingly accept relatively low pay for the repetitive motion, cold environment jobs, and new refugee immigrants need jobs to support their families. (Alternatively, Americans could pay higher meat prices and the government could require companies like Tyson Foods to pay a more livable wage.)

…On Wednesday, David Robinson, acting assistant secretary of the Bureau of Population, Refugees and Migration, met with Tracy and other parties to discuss the law passed last year, the state senator told the T-G.

“That was the whole purpose of the visit, and they thought the bill was fine,” Tracy said, but he added that even though provisions in the new state refugee law passed last year was already codified in federal law, it had not been enforced…

Perhaps the State Department refugee office isn’t bothered by the new law’s quarterly meetings requirement, since it’s already an ORR regulation, but why would they think that the new law is just fine? Are moratoriums compatible with the constitutional provision that allows people freedom of movement? The government may not single out specific groups of people to restrict their freedom of movement (individuals get to decide for themselves where they want to live in this country).

…”If you are going to bring refugees into a community, you need to meet with community leaders, mayor, councilmen, commissioners, school superintendents, hospitals, anyone that an influx of a refugee group would affect,” Tracy said, explaining the reasons for the law being passed last year.

…Tracy said he “thought it was interesting that we had to codify something in state law to get [the State Department's] attention.”…

Yes that is interesting. Also interesting is why other government refugee program-related regulations and contract requirements are also regularly ignored. World Relief feels free to worship on the public’s nickel, even though its prohibited by a federal regulation, and their ORR partner has ignored our complaint about that practice. Also, the quite minimal “minimum requirements” that the resettlement agencies agree to meet in the refugee program are regularly flouted, and the State Department refugee office does not enforce those requirements or penalize the resettlement contractors. In practice this does not seem to have been working well for decades — the resettlement contractors just continue to violate regulations and contract requirements year after year. (What does that say about the public/private partnership philosophy in which contractors are put on pedestals and government oversight agencies don’t exercise much authority?)

…Tracy explained he also had questions for Robinson, talking about the local unemployment rate and about refugees getting on state assisted benefits, while the State Department discussed “sustainability” of the refugees. Supposedly, the refugees have 90 days to become sustainable in this country, Tracy said.

“The question we had for them was ‘what’s the definition of sustainability,’” Tracy said. “We had a good discussion about it.”…

Gee, wouldn’t it be nice if they shared that discussion with the public? After all, this is a publicly run and funded humanitarian program. The State Department refugee office apparently gave advance notice to all so-called “stakeholders”, except for the last minute notice to the public and press.

…”It was a pretty high level meeting,” Tracy said. “They were very concerned who was going to be in the meeting, it was very interesting.”

Tracy said that the State Department wanted to clarify that they had no control over secondary migration, when refugees leave the city they were initially settled in and go elsewhere.

The senator said that’s why the law is “so important, because we’re bringing refugees into Tennessee, the majority of them settle in Nashville, Knoxville, Memphis and Chattanooga,” but they eventually migrate to smaller towns…

So, what the state senator doesn’t seem to understand is that, under the Refugee Absorptive Capacity Act, Shelbyville and other localities will not be able to request any local moratoriums on refugee resettlement since no one is resettling refugees to those places. Refugees are moving to Shelbyville on their own for meatpacking industry jobs, in what is known as “secondary migration”.

…”It was interesting that they (the State Department) would travel to Tennessee to talk about the legislation that we passed last year and I really take it as a compliment,” Tracy said Friday. “I think they were already supposed to be doing that, and in Tennessee, they have to be doing that now.” Read more here

I guess I’d like to hear the State Department’s version of what was said at thispretty high level meeting”, but since they treat refugee resettlement as a secret program, which seems only to guard against accountability, I won’t hold my breath.

***UPDATE*** — While the public had to sit outside the meeting one of the so-called “stakeholders” invited to the meeting was the lobbyist Jennifer Murphy of the Catholic Public Policy Commission of Tennessee.

Posted in Assistant Secretary of the PRM, capacity, Catholic Charities of Tennessee, Cooperative Agreement, Joint Quarterly Placement Planning Meeting, Joint Quarterly Placement Planning Meeting, legislation, local officials, failure to notify, meatpacking industry, Murfreesboro/Shelbyville, openess and transparency in government, ORR, public/private partnership, secondary migration, refugee, Somali, State Department, Tennessee, World Relief | Tagged: , , , , , , , , , , | Leave a Comment »

Refugee bill passes Tennessee state legislature

Posted by Christopher Coen on May 16, 2011

Nashville Public Radio is reporting that Tennessee’s House and Senate have passed the state refugee bill that would mandate that resettlement agencies report quarterly to local governments. It would also allow local communities to apply for a “moratorium” on refugee resettlement, with resettlement agencies, if those agencies overload local services.

Refugee resettlement bill – The full House and Senate have now voted to require any agency that administers the state’s refugee program, which is currently Catholic Charities of Tennessee, to report quarterly to local governments.

SB 1670 from Sen. Jim Tracy of Shelbyville, which has seen a huge growth in Somali refugees, is called the Refugee Absorptive Capacity Act.

It’s designed to help local authorities plan for schools and emergency services. But it also requires Catholic Charities to accept an application from a local government for a moratorium on new refugee resettlement if a host community lacks sufficient capacity… Read more here

This bill should be unnecessary as an ORR regulation and the State Department’s Cooperative Agreement contract with resettlement agencies supposedly already require state refugee coordinators (in this case Catholic Charities itself as the state of Tennessee has dropped out of oversight responsibilities) to convene quarterly meetings with local officials. But this is the problem with under-monitored and unenforced requirements, which our national refugee resettlement program is rife with. Government oversight agencies have little authority in their relationships with refugee resettlement contractors who are thought of as “partners”.  Enforcement of requirements and rigorous monitoring wouldn’t be partner-like. Hence we now have a state legislature attempting to codify a federal regulation. Doesn’t this undermine Tennessee residents’ trust of the national resettlement program? Every other lack of enforcement of basic requirements also undermines the public’s trust.

Posted in Catholic Charities of Tennessee, Cooperative Agreement, legislation, moratorium / restriction, ORR, State Department, Tennessee | Tagged: , , , , , , , , , , , , | Leave a Comment »

Proposed TN legislation would codify the federal regulation to “consult with local communities”

Posted by Christopher Coen on February 22, 2011

A bill in the Tennessee legislature would mandate, via state law, that refugee resettlement agencies consult with local communities. The Shelbyville Times-Gazette has an article explaining the proposed legislation:

…Refugee bill

SB1670 is another bill [State Sen. Jim] Tracy filed with Bedford County in mind. The proposed legislation would codify federal regulations to ensure that local communities would be able to absorb refugees.

The bill would make sure that a town’s “absorptive capacity” would be evaluated at regular intervals in consultation between the local governments and the resettlement agencies before commitments are made for refugee resettlement….

…Tracy said that there has been “a lot of discussion across the state about this, particularly in Bedford County … but other counties also.” The proposed bill would require resettlement agencies to let local governments know when a large number of refugees are coming “because it puts a burden on the local community.”

The bill would require the charitable organizations that sponsor the refugees to let the state know when refugees are coming, how many, “what they’re (the agencies) getting paid and where the money is going.”

In 2008, the state withdrew from administering refugee services, but appointed Catholic Charities as the fiduciary agency for the state’s refugee programs.

The Tennessee Office for Refugees, a department of Catholic Charities, would be required to meet four times a year with local governments representatives to plan and coordinate the appropriate placement of refugees in advance of their arrival…

…The state refugee office would also be required to accept applications from a local government for a moratorium on new resettlement if the host community “lacks sufficient absorptive capacity,” the bill reads.

If a determination is made that further resettlement in the host community “would result in an adverse impact to existing residents,” then the Tennessee Office for Refugees would suspend additional resettlement until it is jointly determined by local officials and the state refugee coordinator that there is an “absorptive capacity.”

The bill is cosponsored by Sens. Ken Yager and Rusty Crowe, with the House version of the bill introduced by Rep. Bill Dunn of the 16th District… Read more here

Currently, state refugee coordinators are required, via ORR regulations, to convene quarterly meetings each year whereby representatives of local resettlement agencies, local community service agencies, and other agencies that serve refugees meet with representatives of State and local governments to plan and coordinate the proper placement of refugees in advance of the refugees’ arrival.

In addition, according to the U.S. State Department’s Cooperative Agreement contract with refugee resettlement agencies ”the number of refugees assigned to an approved applicant will be determined by the [State Department], in accordance with the needs of the Admissions Program, taking into account… placement recommendations of state and local officials…” (see V. Refugee Caseload Assignment).

Apparently, federal regulations mean little when not enforced, thus requiring local codification. Let’s see where this goes.

Posted in Catholic Charities of Tennessee, Cooperative Agreement, local officials, failure to notify, ORR, reform, State Department, Tennessee | Tagged: , , , , , , , , , , , , , | Leave a Comment »

After Nashville school district’s civil rights violation, foreign-language speaking students now desgregated

Posted by Christopher Coen on February 7, 2011

The Nashville school district is beginning to make progress on helping foreign-language speaking students learn English after a 2008 state Civil Rights Office violation for segregating the students to classes where they were unable to learn English from peers. An article in The Tennessean tells more.

…Throughout Metro Nashville Public schools, these stories are becoming more common as refugees from Africa and Asia and immigrants from Mexico and Central America show up at the schoolhouse gate. Nashville has more of these students than the state’s other three largest districts combined.

Students whose first language isn’t English were 15 percent of Metro’s public school enrollment in 2005. They’re 22 percent today. The majority require special services that, a decade ago, local educators barely knew existed. In 2008, after a state Office of Civil Rights violation over foreign-language speakers’ treatment, the district was forced to rethink its approach…

…Fixing violations

Lumping together foreign-language speakers for classes was an Office of Civil Rights violation, uncovered by a state official checking how Metro educated its immigrant students. The state allows nine models for teaching English Language Learners, and none allow a district to keep students together all day for longer than one year.

“The segregation of any students is wrong,” said Linda DePriest, assistant superintendent for instructional support, who now oversees the Office of English Learners. “Children learn just as much from their peers as their lessons. We deny them that if their peers lack English skills.”

The district hired office Executive Director Nicole Chaput-Guiziani from Massachusetts, and she brought fresh ideas to the program. This school year, all English Language Learners take at least some classes with their mainstream peers and can stay in Newcomer Academies only one year.

Metro lagged in getting students out of English Language Learning services within five years — the time it takes the average student to learn enough English to succeed in school — and services varied among schools, the George Washington University study noted…

…The hope is that more students will learn on the proper grade level for their age faster — another challenge Metro faces. Under the federal No Child Left Behind law, a district fails if its English Language Learners don’t test on grade level in reading and math. From elementary to high school, the subgroup has missed benchmarks in Metro three out of the past four years… Read more here

Posted in Catholic Charities of Tennessee, children, language, Nashville, reform, school for refugee children, schools, teenagers, Tennessee | Tagged: , , , , , , , , , , , | Leave a Comment »

Opting-out of oversight responsibilities in refugee resettlement

Posted by Christopher Coen on December 31, 2010

The Tennessean has an article about that state “opting-out” of refugee resettlement oversight responsibilities, as twelve other states have already done. I put opting-out in quotes because it doesn’t seem to me anyone or any entity can really opt-out of responsibilities.

Next year, the Office for Refugees at Catholic Charities of Tennessee will administer more than $9 million in federal funds aimed at helping refugees statewide overcome language barriers, get jobs and become self-sufficient.

The office, based in Nashville, acts as a go-between for the U.S. Office of Refugee Resettlement and Tennessee agencies that serve refugees. It has been administering between $9-10 million a year since 2008 in an interim capacity under the U.S. Office of Refugee Resettlement.

“When we were the interim, we acted like the state and ran the program on its behalf,” said Holly Johnson, director of the Tennessee Office for Refugees. “Now, as the permanent office, we have can have a little more flexibility with the programs we offer.”

Thirteen states, including Tennessee, have opted out of the federal program, leaving it to be run by nonprofits in those states…. Read more here

The whole point of having states oversee federal funds is that states are closer to the action so are theoretically better positioned to oversee local refugee resettlement efforts. In Tennessee we now have Catholic Charities of Tennessee overseeing itself, and they like the new “flexibility with the funds” that this new arrangement will confer. That’s sort of stating the obvious. What amazes me is how states keep doing that seemingly without any debate whatsoever. Is the public involved in these decisions at all?

Posted in Catholic, Catholic Charities of Tennessee, ORR, Tennessee | Tagged: , , , , , , , , , , | Leave a Comment »

 
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