Nonprofits fighting for their federal funding
Federal court injunction today will temporarily restore funding for refugee resettlement
I had the opportunity today to sit in on oral arguments for Pacito et all v. Trump at the Federal Courthouse in Seattle. This is a case brought by Lutheran Community Services Northwest with two other refugee resettlement agencies and on behalf of there organizations as well as some of the refugees who were stranded abroad in late January despite having been cleared to travel to the US. You can read more about the hearing in the Seattle Times here.
The entire discussion was very interesting, with several different legal arguments put forward on behalf of both the stranded refugees and of the refugee resettlement agencies. The nonprofit resettlement agencies are not receiving contracted funding and the entire US Refugee Admissions Program has been shut down. The attorney for the plaintiffs argued that suspending refugee processing as well as defunding services to resettled refugees is an overreach of executive power and that these actions are causing irreparable harm to both individual and organizational plaintiffs. Despite evidence submitted regarding extensive layoffs and other organizational impacts of the suspension of funding, the attorney for the government argued that there is no harm to the plaintiff organizations, and that they are “just contractors” who are not entitled to relief except by pursuing a complaint through a federal process for contract disputes.
Fortunately, the federal judge disagreed and immediately granted a preliminary injunction that temporarily blocks Trump’s executive order from taking effect and directs agencies to lift the suspension of federal funds while the court case proceeds. The judge also indicated that he felt that the executive order likely exceeded legal presidential discretion because it effectively nullified the will of Congress, as expressed through an established refugee program crafted and regularly reviewed by Congress.
I’m glad that Lutheran Community Services Northwest and their co-plaintiffs succeeded in securing an injunction. I’m sorry nonprofits are having to fight in this way to receive funding that they are clearly entitled to as contractual partners of the US government. The Trump administration clearly subscribes to the tech motto “Move fast and break things.” Let’s hope not too many nonprofits get broken.
Image description: Community members turned out to listen to the oral arguments then show their support for refugees in front of the federal courthouse. I took this photo.