On Monday, a judge ruled that the Trump administration must allow approximately 12,000 refugees into the United States as per a court order that partly restricts the president’s attempts to halt the country’s refugee admission program.
Following arguments from the Justice Department and refugee resettlement organizations regarding their interpretation of a federal appeals court’s ruling—which substantially limited his previous decision—U.S. District Judge Jamal Whitehead issued this new order.
Last week, during a hearing, the administration stated that they should be responsible for processing merely 160 refugees into the country and indicated their intention to potentially appeal an order mandating them to accept thousands more. However, the judge rejected the government’s interpretation, remarking that such an approach necessitated “more than just inferring from the lines” within the 9th Circuit’s decision; instead, he argued, it involved conjuring up entirely new content that did not actually exist.
Justice Whitehead stated on Monday that the court will not consider the government’s attempt to reinterpret a judicial order for their own ends when the original wording is clear-cut. The government retains the right to request additional explanations from the Ninth Circuit. However, they do not have permission to disregard statutory and constitutional laws—or ignore the explicit directives set forth by this court and the Ninth Circuit—in the meantime as they pursue these clarifications.
The refugee program, established by Congress in 1980, serves as a pathway for individuals who have been forced out of their homes due to conflict, environmental disasters, or oppression to legally relocate to the United States. This procedure typically spans several years and includes rigorous screening processes. In contrast, asylum allows those who have recently entered the U.S. to request permission to stay within the country when they believe returning home would subject them to harm or mistreatment.
When he started his second term on January 20, President Donald Trump signed an executive order to halt the program.
This led to a legal action initiated by individual asylum seekers whose attempts to relocate to the U.S. were also stopped, along with significant organizations aiding refugees. These entities contended that they’ve been forced to reduce staffing levels. They stated that the authorities suspended their funds meant for handling refugee applications abroad and offering help, including temporary housing subsidies for individuals already within the country.
Whitehead, appointed by ex-President Joe Biden in 2023, halted the implementation of Trump’s directive, stating that it effectively nullified Congress’s authority in establishing the country’s refugee admission policies.
In March, the 9th U.S. Circuit Court of Appeals mostly suspended Whitehead’s ruling, concluding that the administration probably would prevail in the lawsuit due to the president’s extensive power to decide who can be admitted into the nation.
However, the appellate court also stated that the government must keep facilitating the entry of individuals who were already granted permission to travel to the U.S., many of whom had significantly altered their circumstances overseas by disposing of assets or leaving their jobs. The court noted that these individuals depended on assurances from the federal administration promising them admission.
The appellate court stated that the government has to keep handling refugees with pre-arranged and verifiable travel arrangements set for arrival in the U.S. prior to January 20th. According to the Justice Department, this group includes roughly 12,000 individuals.
Last week, during a hearing about interpreting and implementing the appeals court decision, Justice Department attorney David Kim stated that the government understood this as indicating that only refugees with plans to travel to the U.S. within two weeks following Trump’s executive order should undergo processing for entry. The department mentioned that very few refugees fit this criterion—only around 160 individuals.
The judge along with attorneys from refugee resettlement groups did not align with the government’s interpretation. They pointed out that the 9th Circuit’s directive made no mention of a two-week timeframe. According to Whitehead, the ruling ought to cover all refugees who were cleared to enter the U.S. and had set up their travel arrangements, irrespective of the planned date of departure.
Within the coming week, Whitehead directed the administration to command agency offices and personnel, such as U.S. embassies, to recommence handling the cases of refugees safeguarded by the judicial decree. Additionally, he instructed the authorities to promptly initiate measures ensuring the admittance into the country for those refugees whose approvals, encompassing both health and safety checks, remain valid but pending.
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