The U.S. Department of Homeland Security (DHS) announced on Tuesday, October 13, that it will shorten the time for refugees to respond after receiving notice of termination of status from 30 days to 10 days.
The rule, signed by DHS Secretary Markwayne Mullin, is scheduled to be published in the Federal Register on Wednesday the 14th and will take effect on the day of publication. Under the new rule, if the U.S. Citizenship and Immigration Services (USCIS) determines that a person did not meet the refugee definition upon entry, they will issue a Notice of Intent to Terminate (NOIT). The individual must submit written evidence within 10 days or request an interview within the specified time frame; failure to respond within the deadline will result in the termination of their refugee status.
The deadline is counted in calendar days, including weekends and federal holidays, with the last day falling on a weekend or holiday being extended to the next business day. An additional 3 days are added for notices delivered by mail, making the total 13 days. DHS stated that notifications will be sent via tracked delivery services.
The rule specifies that there is no administrative appeal process after the termination of refugee status, and the individual’s work permit will also be terminated, with USCIS initiating removal proceedings in accordance with the Immigration and Nationality Act. Individuals can still seek other forms of relief or protection before an immigration judge. Once the principal applicant’s status is terminated, the refugee status of their spouse and children may also be terminated.
The purpose of shortening the response period is to mitigate potential risks posed by those who do not meet refugee qualifications upon entry. DHS indicated that a review of refugee processing policies during the Biden administration revealed concerning erosion of integrity in the refugee program; prioritizing speed over thorough interviews and supervision of decisions.
The rule cites various reviews, including a preliminary review of refugee cases in Minnesota, where most cases lacked sufficient evidence to prove that the principal applicants met the refugee definition. Another review encompassed over 14,500 cases (over 31,000 individuals) between 2021 and 2024, from Ecuador, El Salvador, Guatemala, Honduras, and Venezuela, with over 1,500 cases (over 3,700 individuals) showing potential signs of public safety concerns, including possible gang affiliations.
DHS estimates that there are approximately 186,000 refugee cases from fiscal years 2015 to 2025 that have not yet been adjusted to lawful permanent resident status, which could be subject to the new rule; USCIS and Immigration and Customs Enforcement (ICE) are currently screening individuals for review.
DHS enacted the rule without prior notice and public comment process, invoking exceptions in the Administrative Procedure Act for “good cause” and “foreign affairs,” allowing for immediate implementation, while still allowing for a 30-day public comment period.
Krish O’Mara Vignarajah, the President of the refugee resettlement organization Global Refuge, stated that these refugees had undergone interviews and background checks before entering and waited overseas for years, doing everything required of them. She emphasized that 10 days are insufficient for individuals to find a lawyer, translate documents, or obtain records from the countries they fled due to conflict or persecution; some refugees may not even receive notifications before the deadline expires.
The International Refugee Assistance Project (IRAP) mentioned that the new rule would nearly prevent refugees from defending against unjust or false accusations before losing their status, noting that cases of refugee status termination have been extremely rare until recently.
According to the rule, the process of terminating refugee status has seen no substantial changes since the enactment of the Refugee Act of 1980, with the original 30-day response period. The rule also mentions the difficulty in analyzing cases that USCIS terminated rarely without changes.
DHS launched Operation PARRIS on January 9, 2026, starting in Minnesota, to conduct background checks and verification on thousands of refugee cases. On February 18, 2026, USCIS and ICE jointly issued a memorandum allowing the detention of refugees who have been in the country for a year without applying for permanent residency; the policy was suspended by the Massachusetts federal district court on March 23.
