Seattle judge blocks Trump's refugee suspension order

Seattle judge blocks Trump refugee ban

A federal judge in Seattle blocked President Trump's executive order seeking to stop refugee services.

SEATTLE - A federal judge in Seattle has issued a preliminary injunction against President Donald Trump’s executive order suspending refugee admissions and halting federal funding for resettlement agencies, temporarily halting its implementation.

"The president has substantial discretion […] but that authority is not limitless," said Judge Jamal N. Whitehead.

Trump signed the order last month, citing the high cost of refugee services and national interest concerns.

Behind the ruling to block Trump's executive order

Timeline:

The ruling came after refugee advocacy groups and affected individuals sued the administration, arguing the order overstepped executive authority and caused severe harm to thousands of refugees awaiting resettlement.

Department of Justice attorneys defended the executive order, saying the President has broad discretion under the Refugee Act and Section 1182(f) of the Immigration and Nationality Act (INA) to regulate refugee admissions.

"The president could set the number at zero and have no requirement for an explanation of that," a DOJ attorney said during the hearing. DOJ attorneys also cited historical suspensions under previous presidents as legal precedent, saying, "The Supreme Court cited favorably a suspension by President Clinton that was one sentence long," and referenced a "Reagan-era suspension of irregular migrants entering the U.S. that was five sentences long."

Judge Jamal N. Whitehead granted the injunction, saying Trump "has crossed the line from permissible discretionary action to effective nullification of congressional will."

Plaintiffs, including refugee resettlement agencies and displaced refugees, argued that the order unlawfully nullified key provisions of the INA.

What they're saying:

The International Refugee Assistance Project argued that the suspension overstepped executive authority and inflicted severe and immediate harm. Thousands of refugees have been left in limbo, many having sold their belongings in anticipation of resettlement. Agencies have been forced to lay off staff, and family reunifications have been indefinitely halted.

Deepa Alagesan, a litigator with the International Refugee Assistance Project (IRAP), emphasized the immediate harm caused by the suspension, saying, "The organizations that serve refugees had tens of millions of dollars cut off overnight. They are furloughing and laying off hundreds of employees."

Mark Hetfield, president of HIAS, condemned the order, stating, "This was not merely a suspension like President Trump attempted to do in 2017. This time he went so far as to try to illegally dismantle the refugee program without authorization from Congress."

As Hetfield pointed out, this is not the first time Trump has attempted to curtail refugee admissions. In 2017, he signed three executive orders limiting refugee entry, prompting legal challenges.

"I was almost one of the people who were waiting in 2017, and even being almost part of the people who are waiting is nerve-racking, because you’ve waited 17 years," said Rev. Emillie Binja, a former refugee and current pastor at Creator Lutheran Church.

Staffing and budget woes for Seattle organizations

Why you should care:

The ruling also underscored the hardships faced by those stranded by the abrupt policy shift.

"We know of tragic stories where people have sold everything, had a plane ticket, and were just told not to come," said David Duea, CEO of Lutheran Community Services Northwest.

The organization has helped resettle 370 refugees in the past 90 days since the stop work order was issued. Duea noted that the policy has forced agencies to lay off staff and scale back operations.

"This was an abrupt halt. It was a very inhumane act. It really was just to say, ‘No, don’t settle. Don’t work with these people,’" Duea said.

"The Trump administration’s actions are unprecedented, catastrophic, and clearly violate the will of Congress," Alagesan said.

Religious leaders and local officials voiced strong opposition to the suspension.

Rabbi Ronit Tsadok, director of Project Kavod at Jewish Family Service of Seattle, vowed to continue advocating for refugees. "We will cry out, we will protest, we will raise our voices to defend the refugees who have been promised support," Tsadok said.

Refugees in Seattle

Local perspective:

"[The] judge today affirmed what we've known for 80 years, that refugees are a blessing to our country and our communities," said Church World Service CEO Rick Santos.

Greg Wong, Deputy Mayor for the City of Seattle, was in attendance. He pointed out Seattle Public Schools serve a diverse student body, with at least 154 languages spoken.

"In the last 20 years, our immigrant population has grown by 47%, higher than the national average," Wong said. "We are now, as a state, the third-highest resettlement state for refugees in the country."

A fact Wong says the city is proud of. "We also know that it's not just the social and cultural contributions refugees bring, but economically, they are a benefit to us as a city."

Wong noted that nationwide, refugee communities have a higher workforce participation rate than the national average. "They give back their life skills, small businesses and taxes, and collectively have $3.2 billion in spending power," Wong said.

Despite the ruling, uncertainty remains for those affected. Among them is Pacito, a refugee from Congo who had been approved to resettle in the U.S. and was scheduled to travel on Jan. 22, only to have his plans canceled.

"The million-dollar question is, when will we start funding this program again, and when will refugees be welcome?" Duea asked.

The DOJ has announced plans to appeal the injunction, setting the stage for another legal battle over refugee policy in the United States.

The Source: Information comes from original reporting by FOX 13 Seattle reporter Alejandra Guzman.