Key Facts on Court Halting Trump’s Refugee Policy

In Seattle, a federal judge has temporarily halted President Donald Trump’s attempt to suspend the U.S. refugee resettlement program. U.S. District Judge Jamal Whitehead, appointed in 2023 by former President Joe Biden, ruled that while the president possesses considerable authority over immigration matters, he cannot override the law enacted by Congress that established the refugee program.

The Justice Department is contemplating a swift appeal, asserting that Trump’s actions are well within the scope of his executive powers.

Trump had issued executive orders to halt refugee resettlement, citing what he described as “record levels of migration” that overwhelmed cities. As a result, refugees were barred from entering the country, and financial support to agencies assisting refugees was curtailed.

The refugee resettlement program, legislated by Congress in 1980, allows individuals displaced by conflict, natural disasters, or persecution a legal pathway to the United States which can take years due to extensive vetting. This program differs from asylum, where individuals can seek safety upon arrival in the U.S.

Although historically bipartisan, the refugee program has become contentious in recent years. The Trump administration previously suspended the program and significantly reduced the annual cap on refugee admissions.

There are currently 600,000 people undergoing processing for refugee status worldwide, as disclosed by the administration.

A coalition of major refugee aid organizations and individual refugees impacted by the suspension filed a lawsuit in Seattle. This group includes entities like the International Refugee Assistance Project, Church World Service, HIAS, and Lutheran Community Services Northwest. They reported laying off staff following the administration’s funding freeze on cooperation with refugees.

David Duea, CEO of Lutheran Community Services Northwest, highlighted the detrimental impact of these actions on people recently resettled, who were suddenly deprived of benefits such as housing and educational support.

Justice Department attorney August Flentje disputed claims that the suspension caused “irreparable” damage, arguing the issue was primarily contractual. However, Judge Whitehead underscored the severe personal and systemic harm, describing refugees stuck in perilous conditions, families split, and employment losses in resettlement agencies.

In a related case, another federal judge in Washington, D.C., declined to immediately halt the administration’s actions against the United States Conference of Catholic Bishops, with further proceedings anticipated.

During the Seattle hearing, Flentje cited presidential powers to prevent the entry of foreigners deemed detrimental to the U.S. Nevertheless, Judge Whitehead maintained that Trump’s move effectively undermined Congress’s role in refugee admissions. While acknowledging presidential discretion, he emphasized it is not without limits and promised further explanation in an upcoming written opinion.

An emergency appeal to the 9th U.S. Circuit Court of Appeals appears likely, with Flentje also suggesting Whitehead’s ruling could be put on hold pending appeal.

Supporters of refugee aid organizations celebrated the decision outside the courthouse, praising the contributions of refugees to American society. Activist Tshishiku Henry, who resettled in the U.S. from the Democratic Republic of Congo, expressed gratitude for the new beginnings afforded by the U.S. refugee program, describing it as a vital lifeline and a means of future reclamation.