- United States
- Maine
- Letter
Preserve Due Process for Refugees
To: Sen. Collins, Rep. Pingree, Sen. King
From: A constituent in Portland, ME
September 14
As a constituent, I urge you to protect the 30-day opportunity refugees now have to defend their legal status before the government terminates it. The Department of Homeland Security is preparing a rule that could remove or shorten that protection. The proposal is identified as RIN 1615-AD23. REFUGEES NEED A MEANINGFUL CHANCE TO RESPOND Under the federal regulation governing termination of refugee status, 8 C.F.R. § 207.9, U.S. Citizenship and Immigration Services (USCIS) must give a refugee written notice before terminating refugee status. The refugee then has 30 days to present written or oral evidence showing why termination would be improper. That protection is especially important because the regulation expressly provides no administrative appeal from USCIS’s decision. The 30-day response period is therefore an important due-process protection: it gives refugees a chance to correct errors, present evidence, and obtain legal help before losing their status. The government should not eliminate or sharply reduce that opportunity when there is no internal appeal afterward. THE GOVERNMENT SHOULD JUSTIFY REMOVING THIS PROTECTION The proposed rule is titled “Removing 30-Day Refugee Termination Notice.” White House review ended September 4, 2026. DHS plans to issue it as an interim final rule, a procedure that can allow a rule to take effect before the public has the usual opportunity to comment. If the administration believes this long-standing protection should be weakened, Congress should require a clear legal and factual justification before refugees lose a meaningful opportunity to defend their status. A SEPARATE DETENTION POLICY RAISES ADDED CONCERNS The administration also adopted a February 18, 2026 policy directing detention of certain refugees who had been in the United States for more than a year without obtaining a green card. A federal court stayed that policy on March 23 while litigation continues. The detention policy is separate from this rule and is currently stayed. But the adoption of both policies gives Congress additional reason to scrutinize efforts to weaken protections for refugees. CONGRESS SHOULD PROTECT FAIR PROCESS Congress created the modern refugee system through the Refugee Act of 1980. Congress has both the authority and responsibility to ensure that the executive branch does not eliminate this basic protection without a compelling justification. I urge you to: (1) OPPOSE RIN 1615-AD23 and urge the Department of Homeland Security and USCIS to preserve the full 30-day response period required by 8 C.F.R. § 207.9. (2) REQUIRE OVERSIGHT by asking the Department of Homeland Security to explain the rule’s legal basis, supporting evidence, expected effects, and justification for allowing it to take effect before the public has the usual opportunity to comment. (3) PRESERVE THE 30-DAY PROTECTION through legislation or a funding provision preventing federal funds from being used to eliminate or materially shorten it. Thank you.
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