New U.S. policy cuts refugees’ response time before status termination to 10 days

The reported policy takes effect October 14

The Associated Press reported on October 13 that the Department of Homeland Security adopted a policy effective October 14 reducing from 30 days to 10 the time a person admitted as a refugee has to contest a proposed termination of refugee status. AP said the document describes its purpose as mitigating risks involving people who were admitted but allegedly did not qualify as refugees. The document does not say how many cases will be opened, and DHS did not answer AP’s request for comment before publication. [1][3]

AP linked the change to an administration review of at least 185,000 refugees admitted during the Biden administration whose permanent-residence applications remain pending. That number describes the reported review pool, not a count of people already found ineligible or whose status has been terminated. [1]

The current published regulation still says 30 days

At the October 13 review cutoff, the Electronic Code of Federal Regulations still provided 30 days from service of a notice of intent to terminate for a refugee to present written or oral evidence. The same regulation says USCIS may terminate status only if the person was not a refugee within the statutory definition at the time of admission, provides no administrative appeal from USCIS termination under that chapter, and directs USCIS to process the person under immigration inspection, removal and detention provisions after termination. [2][1]

The reviewed materials do not explain whether DHS intends to amend the regulation, claims another source of authority for the 10-day period or will treat the new document as controlling before the eCFR text changes. This report therefore describes a reported policy change and a visible conflict with the current published rule; it does not conclude that every future termination will be lawful or unlawful. [2][1]

Ten days may compress access to counsel and records

HIAS, a refugee-services organization, said the shorter window could make it difficult to find counsel, translate documents and obtain records from the country a person fled. Its October 13 statement also said the policy reaffirms that USCIS may place a refugee in removal proceedings without first formally terminating refugee status. These are HIAS’s legal and practical concerns; they are not a court finding, and the reviewed sources identify no lawsuit or injunction against the new policy at the cutoff. [3][1]

The International Refugee Assistance Project’s current legal-information guide says refugee status does not expire and generally can be terminated only if the government decides the person did not meet the refugee definition when admitted. It separately explains that removal proceedings are hearings before an immigration judge. The guide supplies useful background but predates the October 13 policy and is not a substitute for legal advice in an individual case. [4][2]

How the sources compare