A federal judge on Thursday reversed an order that would have mandated the Trump administration to allow approximately 12,000 refugees into the United States. U.S. District Judge Jamal Whitehead, based in Seattle, had initially issued the ruling earlier this month after receiving directions from a federal appeals court. The court had determined that the government was obligated to process refugees who had “arranged and confirmable” travel plans to enter the U.S. prior to January 20, the day President Donald Trump assumed office and halted the nation’s refugee admissions program.
Judge Whitehead, appointed in 2023 by former President Joe Biden, had blocked the enforcement of Trump’s order, stating that it represented an “effective nullification of congressional will” regarding the establishment of the refugee admissions program.
In March, the 9th Circuit Court largely suspended Whitehead’s ruling, indicating that the administration likely had the upper hand in the case, given the president’s extensive authority to control who may enter the country.
Following clarification from the 9th U.S. Circuit Court of Appeals last Friday, it was determined that refugees should be admitted on an individual basis if they could demonstrate reliance on commitments from the U.S. before January 20. The appeals court cited the situation of a plaintiff from the Democratic Republic of Congo, who sold family possessions and relinquished their home lease in anticipation of traveling to the U.S. on January 22, only to have their plans canceled by the administration.
In his ruling on Thursday, Judge Whitehead stated that the government should allow 160 refugees who had planned to arrive within two weeks of January 20. He noted that thousands of other refugees with later travel plans would need to be assessed individually. To facilitate this process, he announced plans to appoint a special master to oversee the evaluations and invited suggestions for candidates from both refugee assistance attorneys and the Justice Department.
The refugee program, established by Congress in 1980, provides a legal pathway for individuals displaced by war, natural disasters, or persecution, a process that typically requires extensive vetting and can take years. This differs from the asylum process, where newly arrived individuals can request permission to stay due to fears of persecution in their home countries.
When President Trump began his second term on January 20, he signed an executive order suspending the refugee program, prompting a lawsuit from affected refugees and major refugee aid organizations. These groups argued that they had to lay off staff due to the administration’s freeze on funding for processing refugee applications abroad and providing essential support, such as short-term rental assistance for those already in the United States.
