Federal Judge in MN Blocks ICE Sweep of Lawfully Admitted Refugees, Orders Immediate Releases – RedState
On Wednesday, another federal district court in Minnesota issued a ruling – this one concerns the arrest and detention of people who were legally admitted to the United States through the U.S. Refugee Admissions Program.
Judge John Tunheim issued a temporary restraining order (TRO) in this case, prohibiting the Trump administration from detaining and arresting those who belong to the putative class, defined as follows:
All persons with refugee status who reside in the State of Minnesota, who have not yet adjusted to lawful permanent resident status, and who have not been charged with any grounds for removal under the Immigration and Nationality Act.
The order also demands the release of those currently detained.
Here is some additional information:
Earlier this month, the Trump administration launched an operation to target and review the legal status of thousands of refugees in Minnesota who have not yet been granted permanent resident status. The Trump administration argued that this “radical initiative” aimed to re-evaluate refugee cases “through new background checks and intensive vetting of asylum claims.”
The program, initiated by the Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS), was named Operation Post-Admission Reverification and Integrity Re-verification (“Operation PARRIS”) in Minnesota. Under this program, DHS began arresting and detaining legally admitted refugees in the United States who had not yet adjusted to lawful permanent resident (LPR) status, often without notice or warrant.
The plaintiffs sued, arguing that the operation allowed the arrest and detention of refugees who had already undergone rigorous background checks and were simply awaiting their green cards. None have been charged with grounds for expulsion from the country.
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Tunheim concluded that plaintiffs met the required factors for issuance of a TRO. His 32-page opinion reviews the timeline of the case and the unique circumstances of several of the plaintiffs. In conclusion, Tunheim notes:
It is important to note that this order does not affect USCIS’s responsibility to conduct reinspections to adjust refugee status to lawful permanent resident status. In Minnesota, USCIS can continue this legal process but without arresting or detaining refugees. The order also does not impact DHS’s legal enforcement of immigration laws. This order is temporary until the Court has had an opportunity to hear full information and argument on a motion for a preliminary injunction.
It is also critical to emphasize that the refugees affected by this order are carefully and carefully screened individuals who were invited to the United States because of persecution in the countries from which they came. They are not committing crimes on our streets, nor have they crossed the border illegally. Refugees have the legal right to be in the United States, the right to work, the right to live in peace – and, most importantly, the right not to be subjected to the terror of being arrested and detained without warrant or reason at home, on the way to church services, or going grocery shopping. At its best, America serves as a refuge for individual freedoms in a world too often full of tyranny and cruelty. We abandon this ideal when we subject our neighbors to fear and chaos.
It is not yet clear whether the administration will appeal the order, but it may well choose not to. RedState will continue to monitor the case and provide any necessary updates.
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