Boston, Mass. — Six refugees, Jewish Family Service of Western Massachusetts, and the International Institute of New England (IINE), represented by Democracy Forward and the International Refugee Assistance Project (IRAP), filed a federal lawsuit today challenging a sweeping new U.S. Department of Homeland Security (DHS) “Refugee Detention Policy” that directs the warrantless arrest and mandatory – and potentially indefinite – detention of lawfully admitted refugees who have lived in the United States for at least one year and have not yet adjusted their resident status or do not have a pending application for permanent resident or “green card” status – even though the government has no reason to believe that they are deportable or have committed any criminal violation.
This unlawful policy is part of “Operation Post-Admission Refugee Reinvestigation and Integrity Strengthening” (Operation PARRIS), in which DHS is targeting refugees. Federal law requires refugees to apply for permanent residency (a green card) after at least one year of physical presence in the U.S., but it has never authorized arrest or detention to compel submission of an application. The new policy targets not only those who need time to complete their applications and medical exams, but also up to 100,000 refugees who have pending applications, and the U.S. Citizenship and Immigration Services (USCIS) has refused to adjudicate them, 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.
The complaint, filed in the U.S. District Court for the District of Massachusetts, challenges two recent agency memoranda that reverse more than 45 years of settled practice and reinterpret federal immigration law to subject refugees to detention. Under the new policy, refugees who were lawfully admitted after extensive vetting, and who remain in lawful status, must be arrested without a warrant and detained even if they have not been charged with any crime or immigration violation. The policy reverses decades of settled agency guidance, which made clear that a refugee’s lack of adjustment to permanent resident status is not a lawful basis for arrest or detention.
Plaintiffs will also file a motion for a preliminary injunction and stay later today, asking the court to stop the policy under the Administrative Procedure Act to prevent irreparable harm to refugees while the case proceeds.
“I fled death threats and waited nearly a decade to resettle as a refugee in the United States,” said plaintiff Mona C. “My family has worked hard to restart our lives, but now I am worried that ICE might arrest me. Who will take care of my children if I am arrested and detained? We came to the U.S. to live in peace and safety, not to relive the horrors of our past.”
“Litigation is not our standard method of advocacy, but when the federal government directly targets refugees—resilient, hardworking community members who escaped persecution and were promised safety by our nation—we must stand up and speak out,” said Jeff Thielman, International Institute of New England President and CEO. “IINE is committed to fighting for the rights and protection of refugees, and we know our commitment is strengthened by a majority of Americans across the country, who recognize, too, the importance of welcome and humanity.”
Rabbi James Greene, CEO of Jewish Family Service of Western Massachusetts, said, “Refugee families often waited years for resettlement and were promised safety and an opportunity to build their lives here in the United States. With this policy, DHS is threatening them with arrest and detention for an indefinite period without any cause, crime, or reason. The Bible’s most often repeated commandment is to welcome the stranger – it is our central value and a pillar of Jewish tradition. To allow this policy to come into effect would be a rejection of the values that we most hold dear. We stand with our clients, and with all refugees who would be harmed by this horrific policy.”
“For more than four decades, the United States has honored its commitment to refugees by providing safety, stability, and a lawful path forward. This policy betrays that promise – it attempts to transform a routine administrative process into a tool for mass arrest and detention of people who followed the law, were thoroughly vetted, and were admitted into our country to rebuild their lives here,” said Skye Perryman, President and CEO of Democracy Forward. “The Constitution does not permit the government to jail people without statutory authority or due process. We are asking the court to stop this unlawful policy immediately, and will continue to use every legal tool available to protect people from the cruelty of this administration.”
“The Trump administration is clear it intends to take its terror campaign against refugees in Minnesota national,” said Ghita Schwarz, Senior Director of U.S. Litigation at the International Refugee Assistance Project (IRAP). “Refugees were brought to this country by the U.S. government to restart their lives in safety and are now being threatened with mandatory arrest and detention. All Americans should be concerned about this lawless push to imprison people who have done nothing wrong.”
Plaintiffs argue that the policy violates the Immigration and Nationality Act, was issued without required notice-and-comment rulemaking, is arbitrary and capricious, and violates both the Fourth Amendment, which protects people, including noncitizens physically present in the U.S., from unreasonable searches and seizures, and the Fifth Amendment, which protects people from deprivation of liberty without due process of law.
The complaint also describes how the policy has already led to arrests and detentions of refugees, separating families and disrupting communities. Plaintiffs warn that without immediate court intervention, lawfully admitted refugees remain at risk of arrest and prolonged detention despite having done nothing wrong.
The filings explain that the statute governing refugee adjustment of status does not authorize detention and that the government’s interpretation would upend decades of consistent practice. The lawsuit seeks to vacate the challenged memoranda, halt their enforcement nationwide, and restore longstanding legal protections for refugees.
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.
.A Spanish version of this press release is available here.
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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
