A federal judge in Seattle has temporarily halted President Donald Trump’s executive order aimed at suspending the U.S. refugee resettlement program. The decision comes from U.S. District Judge Jamal Whitehead, who was appointed by former President Joe Biden in 2023. While Judge Whitehead acknowledged the broad powers of the president in dictating immigration policy, he emphasized that those powers do not extend to overriding established legislation from Congress, which created the refugee resettlement program.
The Justice Department, for its part, signaled its intention to potentially launch a swift appeal, asserting that Trump’s actions were within his legal authority.
The case revolves around Trump’s move to freeze the refugee resettlement program as part of his broader immigration policy crackdown. Trump had argued that cities faced excessive migration pressures and were not equipped to handle the influx of migrants, particularly refugees, and therefore halted refugee entries and cut funds to supportive agencies. The refugee program, a legal migration path established by Congress in 1980, caters to individuals displaced by conflicts, natural disasters, or persecution after undergoing intense vetting.
Despite a history of bipartisan support for refugees, the program’s political landscape has shifted in recent years. During his first term, Trump similarly paused refugee admissions and slashed the number of refugees allowed annually. Currently, there are 600,000 individuals lined up globally for potential resettlement in the U.S., according to the current administration.
The lawsuit against Trump’s order was filed in Seattle by refugee advocacy groups and individual refugees affected by the stalled resettlement efforts. Among these organizations are the International Refugee Assistance Project, working with groups such as Church World Service and HIAS, along with Lutheran Community Services Northwest. They raised concerns about the financial and operational challenges following the administration’s funding freeze for refugee services including housing assistance.
Lutheran Community Services Northwest’s CEO, David Duea, described the halt as inhumane, highlighting the abrupt cutoff from essential support services for refugees, which included housing and educational assistance for children. In response, Justice Department attorney August Flentje countered that the plaintiffs had not experienced irreparable harm that justified blocking the administration’s decisions, noting that many affected individuals had already found safety in third countries.
However, Judge Whitehead refuted this viewpoint, citing testimonies of refugees stuck in perilous situations, families left in limbo after selling possessions in anticipation of travel, and reunions between separated family members being indefinitely postponed.
In a related case, a judge in Washington, D.C., recently decided against halting the Trump administration’s actions, with another hearing anticipated soon. However, on this occasion, Judge Whitehead clarified that while presidential discretion in suspending refugee admissions is considerable, it is not without limits and does not permit overriding Congress’s legislative role.
An appeal against this ruling seems forthcoming, with the government possibly filing an “emergency appeal” to the 9th U.S. Circuit Court of Appeals. Though the administration sought to delay Whitehead’s decision pending an appeal, the judge labeled this request as premature until a written opinion was formalized.
Meanwhile, the plaintiffs and their advocates anticipate that Whitehead’s ruling will resume the funding flow to refugee-supporting organizations and enable stranded individuals to re-arrange travel plans to the U.S. However, the potential appeal could cloud these developments. Outside the courthouse, the ruling was met with applause as supporters underscored the positive contributions of refugees to America.
Tshishiku Henry, himself a refugee and advocate in Washington state, shared his own story as a testament to the opportunity the U.S. offers. Resettled in the U.S. in 2018 after escaping conflict in the Democratic Republic of Congo, Henry described it as a “miracle of the second chance,” underscoring the safety and future it provided him and his family.
