Court Halts USCIS Rule Cutting Refugee Response Time

A recent court decision has temporarily halted a new rule from the U.S. Citizenship and Immigration Services (USCIS) that significantly reduced the time refugees have to respond if their status is being considered for termination. This rule, which shortened the response period from 30 days to just 10 days, has been met with strong opposition from refugee advocacy groups. The USCIS rule aimed to address concerns about fraud and national security, but critics argue it unfairly limits refugees’ ability to defend themselves.

USCIS Rule Shortens Refugee Response Time

USCIS implemented an interim final rule that changed the deadline for refugees to contest the termination of their status. Previously, refugees received a Notice of Intent to Terminate (NOIT) and had 30 days to respond with evidence or request an interview. Under the new rule, this period was cut to 10 days. The agency stated that this change was intended to combat fraud and exploitation, as well as to protect national security and public safety.

The grounds for terminating refugee status can include a finding that the feared harm was not tied to a protected category, or that the individual has another nationality or legal status elsewhere. The clock for the response period begins when the notice is served, and failure to respond within the allotted time leads to termination.

Court Blocks Implementation and Enforcement of the Rule

A federal district court has issued a temporary block on this USCIS rule. This court order prevents the government from putting the shortened 10-day response period into effect. It also stops the enforcement of any notices that were already issued under this new, shorter deadline. The rule had taken effect upon its publication without a prior public comment period, which is a point of contention for advocacy groups.

The temporary block means that refugees will continue to have the original 30-day period to respond to a NOIT. This legal challenge was brought forth by organizations like Global Refuge, the International Refugee Assistance Project, and Refugee Council USA. They argue that the 10-day window is insufficient for refugees to understand the allegations, seek legal assistance, and gather necessary documentation, especially considering potential language barriers, disabilities, or serious medical conditions.

Ongoing Pause Affects Refugee Green Card Applications

In addition to the temporary block on the termination rule, USCIS continues to pause the processing of refugee green card applications. This separate issue leaves over 155,000 applications pending. The Department of Homeland Security has identified approximately 186,000 refugees who arrived between fiscal years 2015 and 2025 and have not yet received their green cards.

The organizations advocating for refugees have called for the resumption of processing these applications. They have also requested expedited channels for certain cases, particularly for individuals with severe medical needs. Furthermore, they are urging USCIS and DHS to provide notice and allow public comment before implementing future rules concerning termination or re-vetting of refugees. The court has not set a date for the termination of its temporary block, and USCIS has not provided a timeline for resuming refugee green card adjudications.

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