Judge John Tunheim of the U.S. District Court for the District of Minnesota issued a temporary order on January 28, 2026 blocking a Department of Homeland Security initiative to review the legal status of roughly 5,600 lawful refugees residing in Minnesota.
The court granted class action relief against Operation Post-Admission Refugee Reverification and Integrity Strengthening, which DHS launched earlier this month. The department described the program as “a sweeping initiative reexamining thousands of refugee cases through new background checks.”
Five unnamed plaintiffs joined by advocacy organization The Advocates for Human Rights filed suit claiming DHS had “implemented a practice of arresting and detaining—without notice or warrant—individuals previously screened and admitted into the United States as refugees.” The complaint names Attorney General Pam Bondi and DHS Secretary Kristi Noem as respondents.
The program targets refugees who entered the United States lawfully but have not yet completed the process to become permanent residents. Federal law requires admitted refugees to undergo additional procedures before gaining permanent residency status.
Judge Tunheim questioned the administration’s legal authority in his ruling. He noted that refugees undergo extensive screening by multiple government agencies before entry and pointed to statutory limits on arresting or removing refugees who lack permanent residency.
“This case involves a stark shift in Defendants’ treatment of individuals who have been admitted to the United States as ‘refugees,’ replacing prior agency policy with abrupt arrest and detention—often without a warrant or notice,” Tunheim wrote in the court order.
The judge explained that Congress imposed restrictions on government authority to begin removal proceedings after someone obtains refugee status. The law bars applying “inadmissibility” standards to those already admitted unless they were ineligible when first approved. Instead, DHS must follow statutory “deportability” standards outlining specific crimes and criteria that permit removal.
Tunheim noted that “[Immigration and Customs Enforcement’s] longstanding agency guidance has been that failure to obtain [lawful permanent resident] status, by itself, is not grounds for removal nor is it a ‘proper basis for detaining them.'”
The restraining order prevents the government from arresting Minnesota refugees based solely on their non-permanent resident status. It also requires immediate release of refugees currently detained under the policy.
White House deputy chief of staff Stephen Miller responded on X, calling the decision “The judicial sabotage of democracy is unending.”
The ruling remains temporary until Tunheim decides on a preliminary injunction request. DHS did not immediately comment on the order. The administration could appeal any adverse final ruling to a higher court.
The United States must restore control over its immigration system by ending judicial interference with legitimate security reviews. Both legal and illegal immigration require substantial restrictions to protect American workers and ensure thorough vetting protects national security. The Trump administration’s efforts to verify refugee admissions represent necessary steps toward restoring order and prioritizing American citizens.
