On January 28, a federal judge issued a Temporary Restraining Order stopping the Administration from arresting and detaining lawfully admitted and resettled refugees in Minnesota under Operation PARRIS while a court case on the issue proceeds.
Who filed the lawsuit and why?
The temporary restraining order (TRO) was granted as part of a class action lawsuit, U.H.A. v. Bondi, filed by a group of refugees represented by the International Refugee Assistance Project (IRAP), Berger Montague, and the Center for Human Rights and Constitutional Law (CHRCL). The Advocates for Human Rights, a non-profit providing on-the-ground legal representation to impacted refugees in Minnesota, is an organizational plaintiff in the case.
Since the announcement of Operation PARRIS on January 9, thousands of refugees in Minnesota became the target of an intensive Department of Homeland Security (DHS) operation to reexamine their status under U.S. law. The operation has subjected refugees who were lawfully admitted to the United States and had no charges against them to arrests, detention, and transfers to detention centers in Texas.
What was the basis for the court’s decision?
The court concluded that “Operation PARRIS” represented a dramatic and unlawful departure from longstanding refugee law and agency practice. In the order, Judge Tunheim emphasized that, “Refugees have a legal right to be in the United States, a right to work, a right to live peacefully—and importantly, a right not to be subjected to the terror of being arrested and detained without warrants or cause in their homes or on their way to religious services or to buy groceries.”
Judge Tunheim stated that, “The Court concludes that federal statutes governing refugees and immigrant detention do not permit prolonged detention of unadjusted refugees who have not been charged with any ground of removability.”
The order highlighted American values to protect and welcome refugees fleeing persecution abroad, stating, “At its best, America serves as a haven of individual liberties in a world too often full of tyranny and cruelty. We abandon that ideal when we subject our neighbors to fear and chaos.”
Did the court order DHS to stop arresting and detaining refugees in Minnesota?
The TRO specifically ordered DHS to stop arresting and detaining “individuals with refugee status who are residing in the state of Minnesota, who have not yet adjusted to lawful permanent resident status, and have not been charged with any ground for removal under the Immigration and Nationality Act” until the court considers and rules on a preliminary injunction.
Did the court order the release of refugees detained under Operation PARRIS? Did the court order the return of refugees from Minnesota who were flown to Texas?
Yes. The judge ordered the immediate release of refugees who were detained under the policy in Minnesota. The judge also ordered that refugees who were taken from Minnesota and transferred outside the district be immediately transported back to Minnesota and released within five days. Given the severe weather conditions in Minnesota, the court ordered that the government coordinate with the Plaintiffs’ counsel “to ensure that upon the refugees’ release, they are not left outside in dangerous cold.”
Does the court order have an impact on USCIS interviews of refugees?
The court stated that, “this Order does not affect USCIS’s responsibility to conduct reinspections to adjust refugees’ status to lawful permanent resident. In Minnesota, USCIS may continue this statutory process but without arresting and detaining refugees.”
How long will the temporary restraining order remain in place? When is the court scheduled to hear the case?
The court’s order is temporary until the court rules on the preliminary injunction. The hearing on the motion for a preliminary injunction will be scheduled on February 19, 2026. The case docket with all filings is available here.
Further information regarding the case is available on the Advocates for Human Rights, CHRCL and IRAP websites.
Disclaimer: This blog post is for general information purposes only and is not legal advice. Individuals should contact a qualified immigration legal services provider and can find non-profit immigration legal providers at Immigration Advocates Network Legal Services Directory. For Immigration Legal Resources, see Global Refuge's Legal Services page.
