As noted in an article regarding a similar 4th Circuit ruling Tuesday, even relatively minor court victories are worth noting — particularly when they're for the Trump administration in the face of a seemingly hostile federal judiciary. Now we see one from the 9th Circuit Court of Appeals, this one involving the administration's halting of refugee admissions.
Here's the back story:
The day he was sworn (back) into office, President Donald Trump issued a slew of executive orders consistent with his promised agenda. One of those — Executive Order 14163 — is titled "Realigning the United States Refugee Admissions Program" and suspends the U.S. Refugee Admissions Program (USRAP) "until such time as the further entry into the United States of refugees aligns with the interests of the United States." Pursuant to the order, the suspension of USRAP was set to take effect on January 27, 2025. The order provided for exceptions on a case-by-case basis, to be determined jointly by the Secretary of State and Secretary of Homeland Security. It also revoked Executive Order 14013 ("Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration"), signed by President Joe Biden on February 4, 2021.
The plaintiffs, several non-profit organizations and individuals, filed suit against President Trump, Secretary of State Marco Rubio, Secretary of Homeland Security Kristi Noem, and then-acting Secretary of Health and Human Services Dorothy Fink in the Western District of Washington on February 10, 2025. The suit sought a temporary restraining order, a preliminary injunction, and a permanent injunction against the administration to enjoin it from implementing or enforcing the Executive Order and sought a declaration that the order is unlawful and invalid.
A hearing on the plaintiffs' motion for preliminary injunction was held before Judge Jamal Whitehead on February 25, 2025, after which he granted the motion. Then things took several interesting turns:
The court reasoned that Congress had appropriated funds with the expressed purpose of helping refugees and that therefore the Trump Administration could not freeze or terminate the grants. Accordingly, the court enjoined the Trump Administration from “suspending or implementing the suspension of the relevant refugee funds, or withholding reimbursements for work previously performed.”
The Trump Administration appealed to the Ninth Circuit Court of Appeals and filed an emergency motion for a stay, arguing the trial court lacks authority to force the Trump Administration to admit refugees or to pay on contracts or grants. Briefing on the stay will continue through March 18, 2025.
After appealing the preliminary injunction order, the Trump Administration terminated the various refugee-support service grants that it had previously frozen. Because the preliminary injunction only enjoined the Trump Administration from suspending the grants and not terminating them, the Plaintiffs amended their complaint and sought a supplemental injunction to require the Trump Administration to rescind the terminations.
The Trump Administration countered that the Plaintiffs must pursue any claim related to the grant terminations in the federal Court of Claims, which is what the judge in the USCCB case discussed above held.
RELATED: Trump Administration Wins Temporary Reprieve With 4th Circuit Stay of USAID/DOGE Injunction
Then, on March 19, the Ninth Circuit gave Judge Whitehead a nudge and reminded him he hadn't yet ruled on the government's motion to stay his preliminary injunction.
LOL I have NEVER seen this before: The Court of Appeals asks the District Court to rule on a pending motion to stay! 1/ pic.twitter.com/ks0l7hIy1z
— Margot Cleveland (@ProfMJCleveland) March 20, 2025
Judge Whitehead quickly obliged and, unsurprisingly, denied the motion to stay.
Which brings us to Tuesday, with the Ninth Circuit issuing a stay of Whitehead's order — mostly...
JUST IN: The 9th Circuit has stayed a judge's order forcing the Trump admin to restart refugee admissions.
— Kyle Cheney (@kyledcheney) March 25, 2025
The circuit will still require the administration to process refugees conditionally approved before Jan. 20 but new admissions can be paused. https://t.co/xJqGLJWzxy pic.twitter.com/9R44vIj9oe
The Ninth Circuit's Order delineates between the Biden and Trump administrations and those conditionally approved for refugee status prior to the Trump administration:
The motion is denied to the extent the district court’s preliminary injunction order applies to individuals who were conditionally approved for refugee status by the United States Citizenship and Immigration Services before January 20, 2025. Executive Order No. 14163 does not purport to revoke the refugee status of individuals who received that status under the United States Refugee Admissions Program prior to January 20, 2025.
In all other respects, the district court’s February 28, 2025 preliminary injunction order is stayed.
In so ruling, the court cited to a case that explains that the relevant statute "'exudes deference' to the President and 'vests [him] with ample power to impose entry restrictions in addition to those elsewhere enumerated in the INA.'"
In an added twist, on Monday, Judge Whitehead issued a second preliminary injunction as to the Trump administration's terminating the grants in question. And, on Tuesday, the government filed its Notice of Appeal of that order.
So, to sum up, right now, the original preliminary injunction (blocking the administration from implementing the executive order) is stayed, and the second preliminary injunction (blocking the administration from terminating grants to refugee-support organizations) is being appealed. (Look for a motion to stay that one to be filed shortly, as well.)
As always, we'll continue to monitor the case and provide updates.
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