Photo: Mbfitz / Wikimedia Commons (public domain)
A federal judge in Boston on Tuesday temporarily blocked the Trump administration from implementing a new rule that would cut the amount of time refugees have to contest decisions stripping them of their legal status — from 30 days to 10.
US District Judge Julia Kobick issued an order that puts the rule on hold through November 6, preserving the current system while the legal challenge against it continues.
What the rule would change
The rule was issued by US Citizenship and Immigration Services (USCIS) on October 14. It would have given refugees just 10 days, rather than 30, to challenge a decision to terminate their refugee status — a sharply shorter window to gather documents, find a lawyer and make their case.
Refugee advocacy groups filed a lawsuit on Monday challenging the rule, along with a broader administration plan for a review of refugees. They sought an emergency order to stop the rule taking effect while the case is heard.
Kobick said the USCIS rule should be put on hold to preserve the status quo until the case could be heard by a colleague.
The Department of Homeland Security, which oversees USCIS, had estimated the new rule would affect as many as 186,000 refugees.
What both sides said
Erez Reuveni of Democracy Forward, a lawyer for the plaintiffs, said the decision "provides meaningful protection for people who were already facing termination notices."
USCIS spokesperson Zach Kahler called the lawsuit a "frivolous attempt to disrupt the Trump administration's commitment to enforce our country's immigration laws as intended by Congress."
The Department of Homeland Security did not respond to a request for comment.
What the order does — and does not — decide
Tuesday's order is temporary, not a final ruling on whether the rule itself is lawful. It simply freezes the change until November 6 so the challenge can be heard, rather than letting the 10-day clock start running for refugees already facing termination notices.
The case is the latest court fight over the administration's immigration agenda, and a further test of how far and how fast the government can rewrite the procedures refugees rely on to defend their status. For the up to 186,000 refugees the department said could be affected, the immediate effect is breathing room: the 30-day window stands, for now.
Sources: Reuters (Kobick order through November 6, October 14 USCIS rule, 10 days versus 30 days, lawsuit filed Monday, broader refugee review plan, preserve-the-status-quo reasoning, 186,000 estimate, Reuveni quote, Department of Homeland Security not responding); Reuters syndication (Kahler statement). The block is temporary and the underlying challenge is still pending.