Yesterday, Judge Godbey issued an Order (available here) that rejected Texas’ application for a temporary restraining order that sought to enjoin the United States government from resettling Syrian refugees due to arrive in Texas. The application was premised on the federal government’s alleged failure to consult and cooperate with Texas. Judge Godbey, focusing on the immediate injury prong of the temporary restraining order inquiry, stated:
[Texas] argues that terrorists could have infiltrated the Syrian refugees and could commit acts of terrorism in Texas. The Court finds that the evidence before it is largely speculative hearsay. The Commission has failed to show by competent evidence that any terrorists actually have infiltrated the refugee program, much less that these particular refugees are terrorists intent on causing harm. . . . [O]n the record before the Court, the Court finds that the Commission has failed to establish by a preponderance of the admissible evidence that there is a substantial threat of irreparable injury, and therefore denies the application for TRO.