Boston – Six refugees, Jewish Family Service of Western Massachusetts, and the International Institute of New England (IINE) secured a major court victory today when a federal court blocked the Trump-Vance administration’s unlawful “Refugee Detention Policy,” which mandates the warrantless arrest and potentially indefinite detention of lawfully admitted refugees. Plaintiffs are represented by Democracy Forward and the International Refugee Assistance Project (IRAP).
The U.S. District Court for the District of Massachusetts granted the plaintiffs’ motion to pause the policy – an unopposed motion after the government chose not to contest, effectively conceding to the plaintiffs’ arguments – finding that refugees are likely to succeed on the merits of their claims and that they would face irreparable harm without the court’s intervention. The order prevents the U.S. Department of Homeland Security (DHS) from enforcing the policy while the case proceeds.
The motion follows a lawsuit challenging a policy issued that sought to mandate the arrest and detention of refugees who had not applied for or received permanent residency within one year, despite no evidence of wrongdoing and no statutory authority to detain them. The challenged policy was set to disrupt longstanding federal guidance, including a 2010 Immigration and Customs Enforcement policy confirming that a refugee’s failure to apply for adjustment of status is not a lawful basis for detention.
The court found that the plaintiffs face clear harm, noting that the threat of unlawful detention is quintessential irreparable harm. The court further recognized that the policy would disrupt the core missions of the organizational plaintiffs.
“I have sat with refugee families in their first hours in this country — exhausted, hopeful, and trusting that the United States would keep its promise to them. Today’s ruling honors that promise and recognizes what our tradition has long taught: that no one should be told they do not belong. Detaining people who have done everything right is not justice; it is cruelty. Jewish Family Service of Western Massachusetts celebrates today’s order as one important step toward restoring justice and humanity to our immigration system. Refugees who arrive in this country lawfully should never face detention simply because of a manufactured delay in paperwork,” said Rabbi James Greene, CEO of Jewish Family Service of Western Massachusetts.
“This ruling is a victory for the refugees we are privileged to serve every day at IINE—brave individuals who followed the law, trusted this country, and deserve to live peacefully and without fear. It is also a win for everyone who believes in the fundamental American values of humanity, due process, and dignity for all,” said Jeffrey Thielman, President and CEO of the International Institute of New England. “Today and every day, we are proud to stand in solidarity with refugees, so they may find the safety and opportunity they deserve and that our nation promised.”
“Today’s ruling affirms that the government cannot manipulate the law to justify the mass arrest and detention of people,” said Steven Bressler, Senior Legal Advisor at Democracy Forward. “For decades, federal law has established that refugees who are lawfully present in the United States will not be jailed simply because of administrative delays or paperwork. This new policy was as cruel as it was unlawful, and we are encouraged that the court is protecting the fundamental rights of refugees and ensuring the Trump-Vance administration follows the law.”
“Just as we previously blocked the Trump administration from terrorizing refugees in Minnesota, we have now stopped this policy of illegal arrest and detention from being carried out on a national scale,” said Laurie Ball Cooper, Vice President of U.S. Legal Programs at the International Refugee Assistance Project (IRAP). “While this case moves forward, refugees can live their lives without worrying about the government ripping them away from their families and communities.”
Federal law requires refugees to apply for permanent residency (a green card) after at least one year of physical presence in the U.S. The new policy targets not only those who need time to complete their applications and medical exams, but also approximately 100,000 refugees who have pending applications that the U.S. Citizenship and Immigration Services (USCIS) has not adjudicated, leaving more than 100,000 in limbo.
Refugee status does not expire after one year, but the Trump-Vance administration now claims that on the 366th day after arrival, refugees who have not yet received their green cards must be arrested and detained indefinitely. By freezing applications and then using the agency’s delay as a basis for detention, the Trump-Vance administration is creating a trap in which refugees are penalized for the government’s own failure to act. Today’s order blocks the unlawful policy, restoring longstanding protections and ensuring that refugees will not be subjected to unlawful arrest and detention while the case continues.
The case is Jean A. et al v. Noem, and the legal team at Democracy Forward includes Kali Schellenberg, Erez Reuveni, Jennie Kneedler, Ryan Cooper, Steven Bressler, and Robin Thurston. The legal team at IRAP includes Ghita Schwarz, Lupe Aguirre, Mevlüde Akay Alp, Dalia Fuleihan, Kimberly Grano, and Pedro Sepulveda.
Read the original filing here and the motion for a stay here.
A Spanish version of this press release is available here.
