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Appeals Court Rules Terminations of Refugee Status are Subject to Judicial Review

FOR IMMEDIATE RELEASE

October 5, 2026

MEDIA CONTACT

Spencer Tilger | media@refugeerights.org

APPEALS COURT RULES TERMINATIONS OF REFUGEE STATUS ARE SUBJECT TO JUDICIAL REVIEW
Decision comes as Trump administration targets resettled refugees

(Denver, CO) – Today, the Tenth Circuit Court of Appeals issued a decision in Mukantagara v. Mullin upholding the due process rights of refugees targeted by the U.S. government. The Tenth Circuit ruled that U.S. Citizenship and Immigration Services determinations that an individual did not meet the definition of a refugee at the time of their admission to the United States–a requirement before terminating a refugee’s status–are reviewable by federal courts.

The International Refugee Assistance Project (IRAP) and Berger Montague PC submitted an amicus brief in the case explaining the rigorous vetting process refugees go through before resettlement and highlighting the importance of judicial review when the government seeks to strip lawfully admitted refugees of their status. Federal court review is particularly crucial now, when the Trump administration is targeting refugees and other immigrants for termination while attempting to evade accountability for its actions.

Dalia Fuleihan, IRAP Senior Staff Attorney, U.S. Litigation, responded to the decision:

“This decision is a critical check on the Trump administration’s lawlessness and impunity. The court rejected the government’s attempt to evade court accountability while it targets resettled refugees on an unprecedented scale, subjecting them to mass revetting and unsubstantiated terminations of their legal status. Refugee status is a matter of life or death, and the clear political motivation behind this administration’s actions mean that judicial review is critical to ensuring refugees are not sent back to danger without due process.”

Background

Beginning in early 2026, the Trump administration started unlawfully arresting and detaining refugees solely because they had not yet received their green cards. IRAP, alongside partner organizations, secured court orders preventing the government from carrying out this policy in Minnesota and nationally. But even once detentions stopped, refugees continued to be called in for aggressive revetting interviews and subject to Notices of Intent to Terminate their refugee status on spurious grounds on which there is no administrative appeal. Some have been placed in removal proceedings after having their status terminated. 

Additional Information

  • Read the decision: HERE 
  • Read IRAP’s amicus brief: HERE
  • Learn more about the case: HERE
  • Read IRAP’s legal explainer about refugee revetting: HERE
  • Access Know Your Rights information for refugees living in the United States: HERE

The International Refugee Assistance Project (IRAP) is a global legal aid and advocacy organization working to create a world where refugees and all people seeking safety are empowered to claim their right to freedom of movement and a path to lasting refuge. Everyone should have a safe place to live and a safe way to get there.

www.refugeerights.org

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