The United States Conference of Catholic Bishops has sued to challenge the State Department’s suspension of funding for the resettlement of refugees in the United States. The Conference argues that the suspension contravenes the separation of powers and violates various appropriations acts because Congress has already expressly appropriated funding for refugee resettlement. The Conference also argues that the State Department 1) failed to engage in reasoned decisionmaking before adopting the funding suspension, as required by the Administrative Procedure Act (APA), and 2) failed to engage in a public notice-and-comment process before adopting the funding suspension, as required by the APA.
The Conference moved for a Temporary Restraining Order and Preliminary Injunction on February 19, 2025. The judge denied the request for a TRO on February 20, 2025 and subsequently denied the Conference’s request for a Preliminary Injunction on March 11, 2025, holding that the Conference’s dispute with the federal government is contractual in nature (i.e., claiming that the federal government has paused and then reneged on its contracts with the Conference for refugee resettlement services) and must therefore be resolved by the Court of Federal Claims. The Conference has appealed.
Technical Summary
Plaintiff has alleged APA claims arguing that the funding suspension is not in accordance with law, is arbitrary and capricious, and was promulgated without notice and comment.
