In Seattle, a federal judge has put a halt to former President Donald Trump’s initiative to suspend the United States’ refugee resettlement system. Appointed by President Joe Biden in 2023, U.S. District Judge Jamal Whitehead concluded that while the president possesses significant authority over entry into the country, he lacks the power to override the law established by Congress that governs this program.
The Justice Department has expressed intent to swiftly appeal, asserting that Trump’s actions align with his presidential authority.
The legal dispute centers on Trump’s decision to pause the nation’s refugee resettlement program via executive orders aimed at curbing immigration. He justified the move by claiming that cities were overwhelmed by “record levels of migration” and unable to support large groups, especially refugees. This decision led to a prohibition on refugees entering the U.S. and the cessation of funding to agencies supporting them.
Congress had introduced the refugee program in 1980 as a legal migration pathway for those displaced by conflict, natural disasters, or persecution, and the process requires extensive vetting. This program is distinct from asylum, which is for those already in the U.S. seeking protection due to fear of persecution in their home countries.
Despite bipartisan support established over decades for refugee acceptance, recent years have seen the program become a point of political contention. Trump, during his tenure, not only temporarily suspended the program but significantly lowered the cap on annual refugee admissions.
Currently, the administration is processing 600,000 refugee applications globally for entry into the U.S. Major refugee aid organizations have taken a stand against Trump’s measures.
The Seattle lawsuit involves individual refugees whose plans to resettle in the U.S. faced disruptions, alongside major refugee aid groups such as the International Refugee Assistance Project, Church World Service, the Jewish resettlement agency HIAS, and Lutheran Community Services Northwest. These organizations have had to reduce staff after the government froze their funding, affecting services like short-term rental assistance for those already resettled.
David Duea, CEO of Lutheran Community Services Northwest, expressed concern over the immediate impact on resettled families who suddenly lost benefits essential for subsistence.
Justice Department lawyer August Flentje contested the idea that the plaintiffs suffered irreparable damage warranting a court order against the administration’s actions. He pointed out that most individuals whose travel was suddenly canceled had already been relocated to safer third countries and argued the funding issue was merely a contractual dispute.
Judge Whitehead, however, sided with the plaintiffs, pointing to declarations of refugees stuck in dangerous surroundings, families uprooted, and organizations forced to downsize.
In Washington, D.C., a similar lawsuit from the United States Conference of Catholic Bishops did not lead to an immediate block of the Trump administration’s policies, though another hearing is pending.
The limits of presidential power were a focal point of the Seattle arguments. While Flentje pointed to a law granting the president the power to deny entry to individuals harmful to U.S. interests, Judge Whitehead concluded Trump’s actions effectively nullified Congress’s intent in structuring the refugee program. The judge plans to elaborate on his broader rationale in a forthcoming written opinion.
The government is contemplating an “emergency appeal” to the 9th U.S. Circuit Court of Appeals. Although Flentje requested the judge to freeze the ruling in anticipation of this appeal, Whitehead deemed this request premature as the formal written judgment was yet to be issued.
Plaintiff attorneys are optimistic that Judge Whitehead’s decision will soon lead to reinstatement of funding for organizations and allow stranded refugees to arrange travel to the U.S. The potential appeal, however, could introduce further uncertainties.
Outside the courthouse, refugees and their advocates lauded the judge’s decision, emphasizing the valuable contributions of refugees to the country. Activist Tshishiku Henry, who resettled in the U.S. after fleeing conflict in the Democratic Republic of Congo, praised the opportunity as a lifeline that restored hope for a better future.
