In a memo submitted to a federal court in Minnesota on Wednesday, convicted felon President Trump’s regime revealed that they’ve formulated a new legal rationale for detaining legally-present refugees, because their admission is conditional and subject to a mandatory review after one year,” and they may remain in custody “for the duration of the inspection and examination process.”
Sure sounds like they’re just going to halt the “inspection and examination process” and then force them to break and beg to be deported rather than rot in some rat -infested gulag indefinitely.
“DHS may arrest and detain a refugee who has lived in the United States for at least one year and has not yet acquired LPR status under INA § 209(a)(1), 8 USC § 1159(a)(1). This provision requires that unadjusted refugees ‘return or be returned to [DHS] custody’ for inspection and examination for admission to the United States. Refugees may be considered to have voluntarily returned to custody by submitting an application to adjust status and appearing at scheduled interviews or appointments pertaining to their adjustment of status application under INA § 209, 8 USC § 1159. However, if a refugee does not voluntarily return at the one-year mark, the statute provides that the alien ‘shall… be returned’ to DHS custody. This requires DHS to take the affirmative actions of locating, arresting, and taking the alien into custody. ‘Custody,’ as used in INA § 209(a)(1), 8 USC § 1159(a)(1), means detention. See Jennings v Rodriguez, 583 US 281, 307-08 (2018) (relying on ‘ordinary English usage to equate ‘detain’ and ‘custody’); see also 8 CFR § 241.4(1)(1) (providing for aliens released on an order of supervision to be ‘returned to custody’ based on a violation of conditions of release),” says one particularly insidiously-worded heads the Reich wins-tails refugees lose section of the memo.