A federal judge has blocked a Trump administration policy that allowed immigration authorities to arrest and detain certain refugees in Minnesota, ruling that the government relied on an incorrect interpretation of federal law and unlawfully targeted people who had already been admitted to the US.
In an order on Friday, the court said the administration’s approach had effectively been “terrorizing” refugees by subjecting them to arrest and potentially indefinite detention despite their lawful status. The judge concluded that federal immigration law does not give the Department of Homeland Security (DHS) authority to detain refugees simply because more than one year has passed since their arrival in the country.
“Decades ago, as a nation, we made a solemn promise to refugees fleeing persecution: that after rigorous vetting, they would be welcomed to the United States and given the opportunity to rebuild their lives,” the opinion said. “The government’s new policy breaks that promise – without congressional authorization – and raises serious constitutional concerns.
“The new policy turns the refugees’ American Dream into a dystopian nightmare,” it adds.
The dispute centers on the administration’s interpretation of a statute governing the process by which refugees can obtain lawful permanent resident status. The Trump administration has argued that once a refugee reaches the 366th day after lawful admission (the point at which they become eligible to apply for a green card), immigration authorities may arrest and detain them for days, weeks or even months.
The court rejected that interpretation, finding that the statute provides no such detention power.
The ruling stems from a challenge brought by several refugees living in Minnesota who were admitted through the US Refugee Admissions Program after completing extensive vetting procedures. The plaintiffs, originally from Africa, Asia and Latin America, had not yet received lawful permanent resident status but had not been charged with removability, declared public safety risks or identified as flight risks.
Under the injunction, federal authorities are barred from arresting or detaining refugees in Minnesota solely because they have not yet obtained lawful permanent resident status after one year in the US. The preliminary relief applies to a proposed class defined as refugees residing in Minnesota who lack permanent resident status and have not been charged with any grounds for removal under immigration law.
