The president signed an order in January suspending refugee resettlement.
A federal judge on March 24 ordered the Trump administration to reinstate refugee resettlement contracts that officials had terminated, finding that the extraordinary relief was warranted as a legal case proceeds.
The preliminary injunction is set to remain in place until a further order from the court or unless a higher court stays it.
Hours later, Secretary of State Marco Rubio began terminating all contracts for the domestic reception of refugees being resettled as well as placement services, and all but one agreement for the processing of refugees abroad. The notices of termination all stated that the contracts were found to âno longer effectuate agency priorities.â
The plaintiffs have shown that the terminations of the contracts violate requirements and go against Congressâs establishment of a permanent system for refugee admission and resettlement, known as USRAP, Whitehead said.
âWhile the Government enjoys significant discretion in administering USRAP, that discretion does not extend to abandoning statutory obligations or rendering the program effectively inoperative. The Governmentâs sudden termination of decades-old agreements without reasoned explanation likely constitutes arbitrary and capricious action that must be set aside,â he said. âWithout immediate relief, refugees remain stranded abroad, families separated, and resettlement agencies shuttered.â
Government lawyers had told the judge that the dispute is a contractual one that belongs in the Court of Federal Claims. Even if the regular court system has jurisdiction, the lawyers said, the terminations were lawful.
Whitehead said that the plaintiffs were asserting rights from statutory requirements, not contractual promises, and that the relief they soughtâvacatur of the contract terminationsâmeans the federal claims court cannot provide an adequate remedy, and jurisdiction rests with the court.
âThe Government contends these terminations are mere contract disputes beyond this Courtâs jurisdiction, but this argument fundamentally misapprehends the nature of Plaintiffsâ claims,â the judge said. âRather than seeking contractual remedies, Plaintiffs ask this Court to enforce statutory obligations through its inherent equitable powersâauthority that Congress specifically reinforces in the Administrative Procedure Act by empowering courts to âissue all necessary and appropriate processâ to prevent irreparable injury.â
Original News Source Link – Epoch Times
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