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Minnesota Judge Blocks DHS Policy Allowing Detention of Unadjusted Refugees

The ruling halts arrests under Operation PARRIS in Minnesota by rejecting DHS’s claim that refugee law permits warrantless detention after one year.

Overview

  • U.S. District Judge John R. Tunheim issued a Feb. 27 preliminary injunction barring arrests or detention of refugees in Minnesota solely because they have not yet adjusted to lawful permanent resident status.
  • The court found 8 U.S.C. §1159(a) provides no authority for such detention and flagged serious constitutional concerns, including Fourth and Fifth Amendment issues and the prospect of indefinite custody.
  • The opinion documented specific incidents, including arrests, shackling, and transfers to Texas, as well as the detention of a Minnesota high-school student who was held overnight before release.
  • A separate lawsuit filed Feb. 27 in Massachusetts challenges Operation PARRIS and alleges USCIS has refused to process some green-card applications, citing at least 5,600 Minnesota cases flagged for revetting and possible removal.
  • DHS and USCIS condemned the injunction and said the policy will be defended in court, and as of now the government has not filed an appeal.