Immigration Law
Refugee ban can’t be enforced against those who received conditional approval, 9th Circuit says
A federal appeals court on Tuesday allowed the Trump administration to stop approving new refugees for U.S. admission during a legal challenge but said the government can’t keep out refugees who received conditional approval before the resettlement program was halted Jan. 20. (Image from Shutterstock)
A federal appeals court on Tuesday allowed the Trump administration to stop approving new refugees for U.S. admission during a legal challenge but said the government can’t keep out refugees who received conditional approval before the resettlement program was halted Jan. 20.
The 9th U.S. Circuit Court of Appeals at San Francisco ruled on the government’s emergency motion in a March 25 order, report the Associated Press, the Washington Post, the New York Times and a March 25 press release.
In a Feb. 25 decision, U.S. District Judge Jamal N. Whitehead of the Western District of Washington had blocked President Donald Trump’s executive order suspending the U.S. Refugee Admissions Program, according to prior coverage by the New York Times. Whitehead said the plaintiffs were likely to succeed in their argument that the order was an “effective nullification of congressional will.”
On Monday evening, Whitehead issued a second preliminary injunction that orders the government to reinstate canceled cooperative agreements with resettlement agencies, according to another March 25 press release.
The legal challenge was filed by the International Refugee Assistance Project on behalf of Church World Service; HIAS, a Jewish resettlement agency; Lutheran Community Services Northwest; and nine people affected by the ban.
“The court affirmed that the government must continue processing and admitting eligible refugees whose lives were upended by President Trump’s refugee ban,” said Melissa Keaney, senior supervising attorney for litigation at the International Refugee Assistance Project, in a press release. “We welcome this continued relief for tens of thousands of refugees who will now have the opportunity to restart their lives in the United States and look forward to arguing this case in full.”
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