Federal court ruling halts enforcement of new Homeland Security policy pending further review, citing statutory concerns and lack of evidence of security threats.
By yourNEWS Media Newsroom
A federal judge has extended a court order preventing immigration authorities from detaining certain ‘refugees’ in Minnesota under a newly implemented Department of Homeland Security policy aimed at reexamining previously approved refugee cases.
U.S. District Judge John R. Tunheim issued a preliminary injunction on Feb. 27, continuing a temporary block first imposed in January that was set to expire this week, according to the court’s order.
The injunction stems from a class action lawsuit filed last month on behalf of lawfully resettled refugees who have not yet adjusted to lawful permanent resident status. The plaintiffs challenged a DHS initiative titled “Operation Post-Admission Refugee Reverification and Integrity Strengthening,” which sought to reexamine refugee cases and, under certain circumstances, detain individuals pending review.
In a 66-page ruling, Tunheim wrote that the court “will not allow federal authorities to use a new and erroneous statutory interpretation to terrorize refugees who immigrated to this country under the promise that they would be welcomed and allowed to live in peace, far from the persecution they fled.”
The judge questioned whether refugees who were extensively vetted and lawfully admitted under conditional status could be subjected to arrest or detention solely for purposes of conducting the required one-year interview that precedes adjustment to lawful permanent resident status.
He wrote that the policy transformed the “refugees’ American Dream into a dystopian nightmare.”
“Why subject them to warrantless arrests, place them in shackles, and transport them to distant detention facilities—facilities whose conditions likely resemble the refugee camps they once lived in—simply to conduct the required one-year interview that precedes adjustment to lawful permanent resident status? Why?” Tunheim asked.
“The Government suggests that they are looking for terrorists, but there is not a shred of evidence in the record that the Named Plaintiffs or the putative Class they seek to represent pose serious national security risks,” he added.
Tunheim emphasized that the individuals covered by the injunction are not immigrants who entered the country unlawfully. Instead, he noted, they underwent extensive federal screening prior to being granted conditional admission as refugees.
The preliminary injunction remains in effect while the case proceeds, preventing immigration enforcement officials from detaining members of the certified class under the challenged DHS policy.
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