In a significant legal development, U.S. District Judge John Tunheim issued a temporary order on Wednesday that prohibits the Department of Homeland Security (DHS) from arresting or detaining refugees in Minnesota whose cases are currently under judicial review. The court's decision directly affects hundreds of refugees and curtails the federal government's efforts to reexamine their immigration statuses.
Judge Tunheim's ruling mandated the immediate release of refugees who had been detained and prevented future arrests related to the DHS's review process. He noted that these individuals entered the country legally and complied with the asylum procedures set forth by federal law. Moreover, the judge highlighted that these refugees had undergone thorough background checks, received clearances from various federal agencies, and were authorized to work in the United States.
The decision comes after DHS announced a review of approximately 5,600 refugee cases in Minnesota, an action that was part of a broader initiative to assess potential fraud within immigrant communities. However, this move was met with controversy as some of the refugees had already been in the country for over a year, which is beyond the required timeframe for additional vetting according to federal regulations.
Facing the threat of detention, the affected refugees filed a class-action lawsuit against DHS. They argued that the department's "Operation Post-Admission Refugee Reverification and Integrity Strengthening" program violated federal statutes and agency precedents. Judge Tunheim's decision aligned with the plaintiffs' stance, deeming the detentions of lawfully admitted refugees without formal removal grounds as unlawful.
In his written opinion, Judge Tunheim expressed concern for the refugees' legal rights, which include living and working in the U.S. without the fear of being arrested arbitrarily. Consequently, he has prohibited Immigration and Customs Enforcement (ICE) from conducting further detentions while the lawsuit progresses, reinforcing the protections for individuals who had been legally resettled.
The enforcement actions prior to the ruling had already caused significant distress within Minnesota's refugee community. Reports from The Guardian indicated that individuals were detained locally and then transported to facilities in Texas without adequate notice. Families were left scrambling for support and legal representation, while some detainees found themselves released far from home, struggling to return to Minnesota independently.
Plaintiffs described their experiences as traumatic, with one refugee stating, "I fled my home country to escape government persecution. I can't believe it's happening again here." Judge Tunheim acknowledged the severe and irremediable harm inflicted by the detentions and pointed out that, while the government's interest in enforcing immigration laws is strong, it does not justify perpetuating unlawful actions.
Advocacy organizations, including Berger Montague PC and The Advocates for Human Rights, hailed the court's decision. Michele Garnett McKenzie, the executive director of the advocacy group, referred to the detentions as "an unprecedented assault on core human rights."
The temporary restraining order applies to all refugees in Minnesota who have not yet obtained permanent resident status and who have not been charged with removal grounds under the Immigration and Nationality Act. As the case continues through the courts, DHS has yet to release a public response to the ruling. Meanwhile, Judge Tunheim, appointed by President Bill Clinton, has required DHS to release anyone detained under this review and ensure the return of those sent to other states as a result of the targeting.
