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Litigation Update

Federal Court Blocks Unlawful Refugee Detention Policy

The International Institute of New England, along with six refugee plaintiffs and Jewish Family Service of Western Massachusetts, has secured a major court victory, blocking a sweeping Department of Homeland Security policy that ordered the warrantless arrest and potentially indefinite detention of lawfully admitted refugees

In a ruling issued by the U.S. District Court for the District of Massachusetts, the court halted enforcement of the federal administration’s so-called “Refugee Detention Policy,” finding that refugees and resettlement agencies would suffer irreparable harm and are likely to succeed on the merits of their claims. The Department of Homeland Security is prohibited from enforcing the policy while the case continues.

Why This Matters

The challenged policy targets refugees who have lived in the United States for more than one year but have not yet received permanent residency—often because of government backlogs beyond their control.

Federal law allows refugees to obtain legal permanent residency only after being physically present in the U.S. for one year. In addition, by law, refugee status does not expire. For decades, government policy has confirmed that delays in green card processing are not grounds for punishment. The proposed Refugee Detention Policy attempted to reverse more than 45 years of practice and violated constitutional protections. Refugees—who endure years of security and background checks before being admitted to the U.S.—should not have to live in fear.

The court’s order upholds longstanding protections and protects the rights of refugees across the country.

What Happens Next

While this ruling is a critical step forward, the case is ongoing. IINE and our partners remain committed to ensuring that this unlawful policy is permanently blocked and that refugees are protected from future harm.

Our clients are still vulnerable due to Operation PARRIS—another cruel attempt by the federal government to strip the rights of innocent individuals. With this policy, the government is “re-interviewing” refugees to determine whether they may stay in the U.S. We are working diligently to help prepare our clients should they be re-interviewed.

We are prepared to support impacted clients with legal services and advocacy, and we will not waver in the fight to defend the safety and dignity that refugees were promised by our country.

Help protect refugees

Contributions help fund legal advocacy, protect refugee families, and ensure we can respond when our clients’ rights are threatened.

Litigation is not our standard method of advocacy, but when the federal government directly targets refugees—resilient, hardworking community members who escaped persecution and were promised safety by our nation—we must stand up and speak out.”

– Jeff Thielman, IINE President and CEO