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Trump admin barred from arresting legal refugees in Minnesota under new DHS policy, must 'return and release' all ...
Article:
https://lawandcrime.com/high-profile/they-are-not-committing-crimes-trump-admin-barred-from-arresting-legal-refugees-in-minnesota-under-new-dhs-policy-must-return-and-release-all-detainees/
Memorandum Opinion And Order Granting Motion For Temporary Restraining Order (PDF):
https://storage.courtlistener.com/recap/gov.uscourts.mnd.230526/gov.uscourts.mnd.230526.41.0.pdf
'They are not committing crimes': Trump admin barred from arresting legal refugees in Minnesota under new DHS policy, must 'return and release' all detainees
Colin KalmbacherJan 29th, 2026, 5:08 pm
[...]
On Wednesday, U.S. District Judge John Tunheim, a Bill Clinton appointee, revealed some details in a thundering 32-page memorandum opinion and order granting the plaintiffs a TRO.
"They are not committing crimes on our streets, nor did they illegally cross the border," the order reads. "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."
In ruling against the government, the judge preliminarily accepted several of the plaintiffs' legal arguments — particularly the claim 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 court's order offers relief to those detainees by directing DHS to immediately "return and release" all "those refugees who are presently detained under the policy" in Minnesota — and any refugees who were originally detained in the state but transported elsewhere.
[...]
Colin KalmbacherJan 29th, 2026, 5:08 pm
[...]
On Wednesday, U.S. District Judge John Tunheim, a Bill Clinton appointee, revealed some details in a thundering 32-page memorandum opinion and order granting the plaintiffs a TRO.
"They are not committing crimes on our streets, nor did they illegally cross the border," the order reads. "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."
In ruling against the government, the judge preliminarily accepted several of the plaintiffs' legal arguments — particularly the claim 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 court's order offers relief to those detainees by directing DHS to immediately "return and release" all "those refugees who are presently detained under the policy" in Minnesota — and any refugees who were originally detained in the state but transported elsewhere.
[...]
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