In a recent decision from Seattle, a federal judge mandated the Trump administration to admit around 12,000 refugees into the United States.
This follows a court order that partially thwarts the administration’s efforts to halt the country’s refugee admissions program.
The directive issued by U.S. District Judge Jamal Whitehead came after debates involving the Justice Department and refugee support agencies, focusing on how to adhere to a ruling from a federal appeals court.
The appeals court ruling had significantly limited an earlier decision from Judge Whitehead.
During a hearing, officials from the Trump administration asserted that only 160 refugees should be processed to enter the U.S., hinting at a possible appeal against orders to admit thousands.
Judge Whitehead rejected the government’s analysis, labeling it as requiring interpretations that went beyond the actual text of the 9th Circuit’s ruling.
He held firm against any interpretation that required “hallucinating new text that simply is not there.”
“This Court will not entertain the Government’s result-oriented rewriting of a judicial order that clearly says what it says,” Judge Whitehead stated.
He further emphasized that while the government is free to seek additional clarification from the Ninth Circuit, it cannot eschew statutory and constitutional laws, alongside the direct orders from this Court and the Ninth Circuit, in the meantime.
The refugee admissions program, established by Congress in 1980, is designed to facilitate legal immigration to the U.S. for war, disaster, or persecution-displaced persons.
This differs from asylum, where individuals arriving in the U.S. seek to remain due to fears of persecution at home, and likely demands a protracted process of rigorous vetting.
On January 20, Trump signed an executive order suspending this refugee program as he commenced his second term.
This action prompted a lawsuit by refugees whose resettlement processes were hindered, joined by major refugee aid organizations who reported having to reduce their workforce due to a freeze on funds by the administration.
These funds were essential for processing refugee applications and providing critical support such as short-term housing assistance for those awaiting resettlement.
Judge Whitehead, appointed by former President Joe Biden in 2023, nullified Trump’s executive order, arguing that it essentially invalidated Congress’s establishment of the refugee admissions program.
While the 9th U.S. Circuit Court of Appeals largely suspended Judge Whitehead’s ruling in March, recognizing the broad authority of the president in deciding entry permissions, it also determined that the administration must continue to process refugees already approved for travel.
These individuals, who had rearranged their lives in anticipation of resettlement, were entitled to admission based on prior governmental assurances.
The court indicated that the administration should resume processing for those refugees with “arranged and confirmable” travel plans as of January 20.
The Justice Department estimated about 12,000 refugees qualified under this category.
In last week’s hearing about interpreting and enforcing this ruling, Justice Department attorney David Kim posited that only refugees scheduled to travel within two weeks of the executive order should be processed for U.S. entry.
This narrow interpretation, reportedly encompassing just 160 refugees, was challenged by Judge Whitehead and refugee resettlement advocates.
They insisted that the 9th Circuit’s order did not define a two-week span, but rather applied to any refugees with approved travel plans, regardless of their scheduled travel date.
Consequently, Judge Whitehead instructed the Trump administration to direct relevant agency offices and staff, including U.S. embassies, to restart processing the protected refugees’ cases within the next seven days.
Moreover, he ordered immediate action to facilitate U.S. admission for those whose medical and security clearances remained valid.