'Solution in search of a problem': Judge bars Trump admin from detaining thousands of Minnesota immigrants admitted as refugees

The Trump administration whitethorn not detain thousands of immigrants successful Minnesota who were admitted into the state but person not yet received "lawful imperishable nonmigratory (LPR) status," a national justice ruled.

And, Senior U.S. District Judge John R. Tunheim wrote successful his 20-page bid connected Monday, those fitting this statement who person already been detained indispensable beryllium released immediately.

Tunheim recounts the lawsuit starting from Jan. 9, erstwhile the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced Operation Post-Admission Refugee Reverification and Integrity Strengthening (Operation PARRIS). The agencies declared astatine the time that the inaugural was a "fraud investigation" reexamining "thousands of exile cases done caller inheritance checks and intensive verification of exile claims," with Immigration and Customs Enforcement (ICE) besides involved.

"To effectuate this reexamination, DHS began the warrantless apprehension and detention of refugees contiguous successful the United States for greater than 1 twelvemonth who were inactive awaiting adjudication of their LPR status," the justice recounts, pointing to however this timing — 1 twelvemonth — is simply a "check-in" and not designed to beryllium a detention.

Several refugees filed a class-action suit challenging the "Refugee Detention Policy" being employed by DHS, and they subsequently sought a impermanent restraining bid (TRO) to enactment a halt to it.

"On January 28, 2026, the Court granted impermanent alleviation to a putative 'Class' defined arsenic '[a]ll individuals with exile presumption who are residing successful the authorities of Minnesota, who person not yet adjusted to lawful imperishable nonmigratory status, and person not been charged with immoderate crushed for removal nether the Immigration and Nationality Act,'" the Bill Clinton appointee went on.

He also, astatine the time, barred the Trump medication "from arresting and detaining immoderate subordinate of the Class connected the ground that they are a exile who has not been adjusted to lawful imperishable nonmigratory status" and ordered that each applicable refugees "who are oregon volition beryllium detained by DHS pursuant to the Refugee Detention Policy" beryllium released.

After the TRO was extended until Feb. 25, Attorney General Pam Bondi and different national officials moved to person it thrown out, oregon astatine the precise least, paused pending appeal. In some circumstances, DHS and USCIS would person been allowed to transportation connected with their detention goals.

It is this petition for a dissolution of the TRO that Tunheim was responding to connected Monday.

The Trump medication argued that nether the "adjustment of presumption of refugees" statute successful the Immigration and Nationality Act (INA) — which states that idiosyncratic "who has not acquired imperishable nonmigratory status, shall, astatine the extremity of specified twelvemonth period, instrumentality oregon beryllium returned to the custody of the Department of Homeland Security for inspection and introspection for admission" — the connection "custody" requires detention.

The national justice recovered this statement unpersuasive for respective reasons.

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The statute "states that refugees volition beryllium 'returned' to DHS's custody," helium writes. "If 'custody' implies detention, past the connection 'return' would connote that refugees were detained upon their accomplishment successful the country. They were not."

He past points to the national government's ain "previous interpretations" of the statute, albeit nether antithetic administrations, saying these interpretations "support the decision that the word 'custody' does not contemplate apprehension and detention of unadjusted refugees."

"Moreover, existent national regulations bash not contemplate the apprehension oregon detention of adjusted refugees, arsenic the regularisation governing the accommodation of presumption makes nary notation to apprehension oregon detention," helium goes on. "Yet, Defendants spell truthful acold to accidental that [the statute] 'mandates impermanent detention.' Accepting that assertion would necessitate the Court to reason that the enforcement subdivision has been violating [the statute's] purported detention mandate since the Refugee Act of 1980 was passed due to the fact that it has failed to apprehension and detain adjusted refugees for the past 45 years. The Court declines to bash so."

The justice besides states that were the tribunal to judge the administration's mentation of the refugee-status-adjustment statute, "it would suggest that DHS had the close to detain adjusted refugees indefinitely, due to the fact that the statute imposes nary clip limits connected erstwhile the required inspection and introspection indispensable occur." Because of this, "the Court maintains that 'custody' is champion work to mean 'responsibility' oregon 'control,' alternatively than prolonged detention."

The medication besides tried to suggest nether a different, "discretionary detention" portion of the statute, that these refugees were "applicants for admission" and could frankincense beryllium detained. Once again, the justice was unconvinced.

"After thorough vetting and verification of exile status, refugees are conditionally admitted erstwhile they participate the country, truthful they cannot beryllium considered applicants for admission," the justice wrote.

Tunheim besides changeable down the administration's assertion that the TRO was excessively broad.

"The TRO does not categorically barroom the apprehension of refugees; it bars apprehension solely connected the ground that a exile has not yet had their presumption adjusted to LPR status," helium wrote. "The TRO likewise does not preclude Defendants from inspecting and examining unadjusted refugees by issuing a announcement that requires them to look for an interview."

He added successful his decision that "[i]t remains important to enactment that this lawsuit involves lone the accommodation of presumption of refugees who reside successful Minnesota," earlier helium synthesized his ruling, astatine length.

Refugees are thoroughly vetted and examined earlier admittance to the United States and erstwhile admitted, they are provided assistance to assimilate successful communities crossed the country. The one-year check-in is conscionable that—an inspection. There is nary request that refugees beryllium re-vetted. And it appears to the Court that unadjusted refugees person nary inducement to debar inspection, arsenic completing the check-in is simply a prerequisite to obtaining lawful imperishable nonmigratory status. Mandatory detention, successful summation to being practically intolerable fixed the fig of refugees awaiting inspection and adjustment, seems intelligibly to beryllium a solution successful hunt of a problem. The swift reinterpretation of agelong held and consistently understood applications of the instrumentality raises superior law questions that indispensable beryllium addressed by this Court.

The justice ordered the medication to "produce and record nether seal wrong 3 days each documents cited oregon relied connected successful Defendants' Motion to Dissolve the Temporary Restraining Order," and the national officials indispensable besides springiness a presumption update by 5 p.m. connected Wednesday regarding "the instrumentality and release" of the applicable refugees.