A federal judge on Friday extended his order protecting Minnesota refugees from being arrested or detained as part of Operation PARRIS, an effort to re-examine refugees admitted legally to the United States but who have not yet received green cards.

\- In a 66-page order, U.S. District Judge John Tunheim said the U.S. government’s new policy to arrest and detain refugees raises constitutional concerns and turns the refugee’s “American Dream into a dystopian nightmare.”

\- “Until the Court can resolve those issues on the merits, it will not allow federal authorities to cast aside the commitment made to those who were vetted, admitted, and came to this country in reliance on our word,” Tunheim said.

\- Tunheim’s ruling came after hearing arguments from the U.S. government and a consortium of legal groups representing five refugees over whether to extend his protections in a class action lawsuit against federal officials over Operation PARRIS. The suit describes federal agents stopping refugees on their way to work, knocking on their doors and detaining people without giving them a chance to show their legal entry documentation. The suit applies to 5,600 refugees in Minnesota.

\- During the arguments, attorneys for the refugees said the arrests violate the Fourth Amendment, which protects against unlawful searches and seizures.

Brantley Mayers, a lawyer representing the U.S. government, defended the operation as lawful and referenced a new DHS policy filed ahead of arguments that said refugees applying for their green cards must “return or be returned to federal custody” for inspection and examination one year after they’re admitted to the United States.

\- In his order, Tunheim agreed that the  arrests of refugees solely because they haven’t obtained legal status violate the Fourth Amendment, arguing the U.S. government has not shown the arrests are supported by probable cause for an offense.

\- Tunheim also called the government’s definition of “return” to custody superfluous, countering that refugees are not allowed to apply for legal resident status until one year after their admittance into the country. The rule, Tunheim said, makes it impossible for refugees to turn themselves in voluntarily before their 366th day in the country — when the U.S. now says they’re eligible to be taken into custody.

\- Tunheim added the Department of Homeland Security’s new policy to detain and arrest refugees breaks with the longstanding practice to send a notice to refugees and asylum-seekers after they’ve lived in the U.S. for one year.

\- “The Court will not allow federal authorities to use a new and erroneous statutory interpretation to terrorize refugees who immigrated to this country under the promise that they would be welcomed and allowed to live in peace, far from the persecution they fled,” Tunheim said.

\- Until the legality of the new policy is addressed at trial, Tunheim wrote, “the Court will not allow those who relied on this Nation’s promise of safety to be met instead with handcuffs.”

\- A U.S. Citizenship and Immigration Services spokesperson’s statement about the ruling included: “Minnesota is ground zero for the war on fraud. The Trump administration will not stand idly by as the U.S. immigration system is weaponized by those seeking to defraud the American people. This is yet another lawless and activist order from a federal judge. We look forward to being vindicated in court.”

\- In response to Tunheim’s injunction that extends the protections, attorney Kimberly Grano said, “Minnesota refugees can now live their lives without fear that their own government will snatch them off the street and imprison them far from their loved ones. As the Trump administration threatens to expand its terror campaign against refugees nationwide, this court’s decision is a clear rejection of these lawless actions.”

Federal judge extends order protecting Minnesota refugees from arrest in Operation PARRIS