A panel of three judges from the Ninth Circuit Court of Appeals heard oral arguments on Wednesday that the court should swiftly restore injunctions put in place by a district court in Seattle to process and admit certain refugees who were previously approved for resettlement.
This would allow refugee admissions into the United States to resume while the class action lawsuit challenging President Trump’s refugee ban moves forward, and is the only way to stop the ongoing, irreparable harm that compounds each day the district court’s orders are limited. Lawyers for the International Refugee Assistance Project (IRAP) argued on behalf of Church World Service (CWS), HIAS, Lutheran Community Services Northwest (LCSNW), and impacted individuals.
“Our argument in front of the court today was clear: this illegal and indefinite suspension continues to cause daily, irreparable harm, and the injunctions should be given full force immediately.
Every day that the refugee ban remains in place, families are separated and lives are at risk,” said Linda Evarts, Senior Supervising Attorney at the International Refugee Program (IRAP). “We hope the court will move quickly to end this crisis and restore a functioning refugee program consistent with the law.
This is about America’s long-standing commitments and bedrock values. This is about reuniting families who have waited far too long to be together. This is about welcoming refugees to our country as the tremendous additions that they are.”
President Trump’s Executive Order suspending the U.S. refugee resettlement program (USRAP) and subsequent efforts to effectively end the program by withholding congressionally appropriated funding for refugee processing and services were partially blocked by a district court earlier this year.
More than 70 refugees, including plaintiffs Paito and Josephine, have been able to resettle under the injunctions, which the U.S. government has appealed.
Meanwhile, thousands of previously approved refugees, and many more still waiting on decisions in their cases, wait in limbo, hoping to begin the next phase of their lives in safety in the United States.
“As we argue this case before our justice system—this time before the U.S. Court of Appeals for the Ninth Circuit in Pasadena—we have faith that our argument, our cause, and legal precedent are on the right side of history,” said Rick Santos, President and CEO of Church World Service.
“For those separated from their loved ones, displaced from their homes, and caught in limbo as they await safe travel, we will continue to stand with them. Ultimately, however, what we are a part of today goes beyond this case and these refugees; it is a referendum on the rule of law under this administration.”
“We recently arrived in the United States after so much fear and uncertainty as refugees, and our lives have completely changed. We are finally safe,” said named plaintiff Pacito, who was able to resettle in North Carolina in August as a result of the injunction.
“What I love most about being here is the peace and the hope it gives my family. My son can dream about his future. He can go to a good school, make friends, and just be a child.
My wife and I are excited to work hard, learn, and build a stable life. We look forward to becoming part of a community and contributing to our new home. I know there is hard work ahead, but it is a happy challenge.
We are no longer just surviving; we are planning for tomorrow, and we can now imagine a life filled with opportunities. We are so happy to be here, and we are filled with hope for all the good things to come.”
”In stranding thousands of DHS-approved refugees, Donald Trump showed contempt for the laws of our country,” said Mark Hetfield, HIAS President. “HIAS is relying on this court to force the President to follow the laws, just as these refugees followed the law when they applied for resettlement to the United States.
God Bless America, and God bless the refugees who – as we know from study after study, and as we have seen for ourselves – have contributed so much to this country as new Americans.”
The U.S. refugee resettlement program, created in 1980 with bipartisan support, has historically admitted tens of thousands of refugees annually after rigorous security vetting.
Under the challenged Executive Order, however, admissions have dropped to historic lows, and thousands of refugees remain stranded abroad despite having been approved for resettlement and travel booked before inauguration day.
“As Lutherans, we believe in the long welcome—not just greeting refugees at the airport, but walking with them for years as they rebuild their lives,” said David Duea, CEO of Lutheran Community Services Northwest. “Our lawsuit is about ensuring the government honours this calling, protecting the right of faith communities to continue the sacred work of refugee resettlement.”
The panel of judges is expected to issue a ruling in the near future.
