Gov. Mike Pence's order to bar Syrian refugees from coming to Indiana is discriminatory, according to a lawsuit filed by the Indiana American Civil Liberties Union.
The suit was filed Monday on behalf of Exodus Refugee Immigration, one of three organizations in Indiana that handles refugee families coming to the state.
Ken Falk, legal director of the Indiana ACLU, said Tuesday that Syrian refugees are being discriminated against based on their national origin, which is a violation of U.S. civil rights. Because the refugees are here legally, Falk argues they are entitled to the same protections as natural born U.S. citizens.
On Tuesday, a Pence spokeswoman said the governor stands by his decision to suspend the settlement of Syrian refugees.
"The governor believes that caution and compassion are not mutually exclusive," Kara Brooks said in a statement. "We can take measures to ensure the security of our nation even while we continue to extend support and refuge to people around the world."
Pence was not available for comment.
The crux of the lawsuit lies with the federal dollars that go to Indiana to be dispersed to local organizations such as Exodus to provide refugee families with housing and clothing. The families are also provided with food stamps and other funding, all of which come through the federal government.
The secretary of the Indiana Family and Social Services Administration, John Wernert, is also named in the suit. Wernert's office is ultimately responsible for dispersing the funds to Exodus and other organizations.
Falk said this lawsuit is the first in the nation in response to several governors closing state boundaries to Syrian refugees.
After the Paris terrorist attacks earlier this month, Pence and several other governors suspended the acceptance of any Syrian refugees, claiming there were gaps in the U.S. screening process.
Both Falk and Carleen Miller, executive director for Exodus, dispute that claim.
"The people coming over are well-vetted by the federal government," Falk said during a Tuesday morning news conference.
Miller said the refugees go through a rigorous screen process that can last anywhere from 18 months to three years. She said the refugees chosen to come to the U.S. are hand-picked and are usually families attempting to flee persecution.
The lawsuit claims there are 19 Syrian refugees currently cleared to come to Indiana and receive assistance from Exodus in the near future. Miller said she didn't have exact dates on when those refugees were scheduled to come to the state.
Currently — even with Pence's order — there's nothing stopping the refugees from coming to Indiana and living here. However, Exodus and other organizations cannot give the families federal money because of the ban.
"From a financial perspective, it's devastating if this money is not made available to these refugees," Falk said. "These are people coming with nothing who need money the first day they get here."
That means that Exodus and similar organizations have to shoulder the financial burden, which is part of the reason the organization has standing in this case, Falk said.
The lawsuit asks for a preliminary injunction halting Pence's actions until the case can be heard. If the injunction is granted, the refugee process could carry on as usual until a hearing.