The Trump administration can stop approving new refugees for entry into the U.S. but has to allow in people who were conditionally accepted before the president suspended the nation’s refugee admissions system, an appeals court ruled Tuesday.
The order narrowed a ruling from a federal judge in Seattle who found the program should be restarted.
The three-judge panel of the 9th U.S. Circuit Court of Appeals said the president has the power to restrict people from entering the country, pointing to a 2018 Supreme Court ruling upholding President Donald Trump’s ban on travel from several mostly Muslim countries during his first term.
Refugees who were conditionally approved by the government before Trump’s order halting the refugee program should still be allowed to resettle, the judges found.
The panel ruled on an emergency appeal of a ruling from U.S. District Judge Jamal Whitehead who found that the president’s authority to suspend refugee admissions is not limitless and that Trump cannot nullify the law passed by Congress establishing the program.
Whitehead pointed to reports of refugees stranded in dangerous places, families separated from relatives in the U.S. and people sold all their possessions for travel to the U.S. that was later canceled.
Melissa Keaney, an attorney with the International Refugee Assistance Project, applauded the portions of the order that the appeals court left intact.
“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,” she said.
Whitehead, who was nominated by Democratic President Joe Biden, also issued a second order Tuesday blocking the cancellation of refugee resettlement contracts.
Trump’s order said the refugee program — a form of legal migration to the U.S. for people displaced by war, natural disaster or persecution — would be suspended because cities and communities had been taxed by “record levels of migration” and didn’t have the ability to “absorb large numbers of migrants, and in particular, refugees.” There are 600,000 people being processed to come to the U.S. as refugees around the world, according to the administration.
The Justice Department argued that the order was well within Trump’s authority.
Despite long-standing support from both major political parties for accepting thoroughly vetted refugees, the program has become politicized in recent years. Trump also temporarily halted it during his first term, and then dramatically decreased the number of refugees who could enter the U.S. each year.
The plaintiffs said the president had not shown how the entry of these refugees would be detrimental to the U.S.
They include the International Refugee Assistance Project on behalf of Church World Service, the Jewish refugee resettlement agency HIAS, Lutheran Community Services Northwest, and individual refugees and family members. They said their ability to provide critical services to refugees, including those already in the U.S., has been severely inhibited by Trump’s order.
