A federal judge appointed by President Biden has ordered the Trump administration to allow into America 12,000 foreigners who had been approved for entry under a refugee admission program that was subsequently suspended by the Trump administration. 

U.S. District Judge Jamal Whitehead ruled that the Trump administration’s efforts to limit refugee admissions amounted to an “effective nullification of congressional will.” The judge said the administration must admit those who had their travel to the United States approved through the U.S. Refugee Admission Program before President Trump took office, when he shut down the program.

“This Court will not entertain the Government’s result-oriented rewriting of a judicial order that clearly says what it says,” Judge Whitehead wrote in the ruling Monday. “The Government is free, of course, to seek further clarification from the Ninth Circuit. But the Government is not free to disobey statutory and constitutional law — and the direct orders of this Court and the Ninth Circuit — while it seeks such clarification.”

The administration argued during a hearing last week that it should have to admit only 160 refugees, citing its interpretation of a March ruling from the 9th U.S. Circuit Court of Appeals. A Department of Justice lawyer, David Kim, claimed the ruling required the admission of only the  refugees scheduled to travel to the United States within two weeks of Mr. Trump’s January 20 executive order suspending the program. 

The refugee program, established in 1980, is intended to provide a pathway for individuals displaced by war, natural disasters, or persecution to legally migrate to the United States. The program is distinct from asylum, which allows individuals already in America to request protection due to fear of persecution in their home countries.

Mr. Trump’s order ending the refugee admissions program prompted legal challenges from both individual refugees and major refugee aid organizations. The resettlement groups argued that the halt had forced layoffs and left approved refugees stranded, noting that some had sold their properties or quit jobs abroad in preparation for resettlement in the United States.

The 9th Circuit Court largely paused Judge Whitehead’s earlier decision in March, noting the president’s broad authority over entry into the United States. However, it also directed the administration to continue processing refugees who had arranged and confirmable travel plans before the order was issued. The justice department estimated this group to include approximately 12,000 individuals.

During last week’s hearing, lawyers for refugee resettlement agencies disagreed with the administration’s narrow interpretation of the 9th Circuit’s ruling, contending that the order applies to any refugees with approved travel plans, regardless of the timing. Judge Whitehead agreed, ordering the administration to notify staff and agencies, including American embassies abroad, to resume processing the cases of these refugees within seven days.

The judge also instructed the government to facilitate entry for refugees whose clearances, such as medical and security authorizations, had not lapsed. This ruling aims to ensure those protected by the court order can move forward with resettlement.