MINNEAPOLIS (AP) — The Trump administration has issued a sweeping new order that could lead to the arrest of tens of thousands of refugees who are in the U.S. legally but have not yet obtained permanent residency, overturning years of legal and immigration safeguards.
Refugees applying for green cards must be returned to federal custody one year after being allowed into the United States to review their applications, a Department of Homeland Security memo filed ahead of a Thursday hearing in federal court in Minnesota said.
The memo filed Wednesday said the Department of Homeland Security “may maintain oversight during the inspection and review process.”
Advocacy and resettlement groups have slammed the order, which is likely to face legal challenges and could sow confusion and fear among the nearly 200,000 refugees who have come to the United States during the Biden administration.
The order is the latest in a series of immigration restrictions by the Trump administration that upends longstanding policies toward refugees, including drastically reducing the number of people entering the country. A memo obtained by The Associated Press late last year said the administration planned to vet all refugees entering the United States during the Biden administration and immediately suspend green card approvals for those who arrived in the United States during those years.
The government changed its policy, citing national security and economic concerns. Experts say refugees entering the country already undergo extensive vetting.
The new order came hours before U.S. District Judge John Tunheim heard arguments Thursday on whether he should extend a temporary order protecting Minnesota refugees who are legally in the U.S. from arrest and deportation. Tunheim’s order applies only to Minnesota, but the impact of the new state policy is a major part of the discussion regardless.
It’s unclear how many arrests may be made under the new order.
Justice Department attorney Brantley Meyers said at Thursday’s hearing that the government should have the authority to arrest refugees a year after entering the United States, but said that doesn’t always happen.
“This is a discretionary decision by the Department of Homeland Security,” he said, a comment that drew skepticism from Minnesota refugee lawyers.
Tunheim did not rule Thursday, saying he would issue a written decision on whether to extend the temporary order.
After the hearing, Sen. Tina Smith, D-Minn., told a news conference outside the courthouse that the administration had “failed to provide any coherent argument for its policy, either legally or factually.” She did not appear for the hearing but said she had been briefed on the situation.
“So we will continue to fight for justice in the courts,” said Smith, flanked by lawyers and refugee rights supporters, including U.S. Rep. Ilhan Omar.
Advocacy groups condemn new order
Immigration advocates were quick to oppose the new policy, which HIAS, an international Jewish nonprofit that provides services to refugees and asylum seekers, said was “a clear effort to detain and potentially deport thousands of people who are legally in this country and whom the U.S. government itself welcomes.”
“They were promised safety and a chance to rebuild their lives,” Beth Oppenheim, the organization’s chief executive, said in a statement. “But DHS is now threatening them with arrest and indefinite detention.”
Tunheim last month blocked the government from targeting Minnesota refugees, saying the plaintiffs in the case were likely to prevail on their claim that “their arrests and detentions, as well as the policies designed to defend them, were unlawful.” The temporary restraining order he issued on Jan. 28 is set to expire on Feb. 25 unless he grants a more permanent preliminary injunction.
The judge previously rejected the government’s argument that it had the legal authority to arrest and detain refugees who did not receive green cards within a year of arriving in the United States.
“Mandatory detention leads to illogical consequences,” Tunheim wrote, since refugees cannot even apply for green cards until they have been in the United States for one year. He said the government’s explanation meant that nearly all refugees would face detention unless reviewed by immigration officials within a year, which he called “ridiculous.”
Refugee rights groups sued the federal government in January after the government launched Operation PARRIS, short for Post-Admission Refugee Reverification and Integrity Strengthening.
It was billed as a “comprehensive initiative” to re-examine the cases of 5,600 Minnesota refugees who have not yet received permanent resident status or green cards. The agencies cited fraud in Minnesota’s public programs.
Operation Parris is part of the Trump administration’s immigration crackdown in Minnesota, which includes the addition of thousands of federal officers. The Department of Homeland Security called it the largest immigration enforcement operation in history. Massive protests followed the shooting deaths of two U.S. citizens by federal agents. White House border czar Tom Homan announced last week that border surge operations were coming to an end, but a small federal presence would remain.
Judge notes refugees are subject to extensive scrutiny
The lawsuit alleges that ICE officers went door-to-door to arrest refugees under Operation Parris and sent them to detention centers in Texas without access to attorneys. Some were later released in Texas and found their own way back to Minnesota, they said.
Tunheim noted in his order that refugees undergo extensive vetting by multiple agencies before being resettled in the United States. He wrote that none of those arrested during the operation were considered a danger to the community or a flight risk, and none had been charged with a crime that could result in deportation.
Tunheim emphasized that refugees affected by his order were allowed into the United States because they suffered persecution in their home countries. He banned further arrests under Operation Paris and ordered the release and return of detainees still in custody to Minnesota.
“They are not committing crimes on our streets, nor are they crossing the border illegally. Refugees have legal rights to be in the United States, to work, and to live in peace,” he wrote.
