Council Litigation Seeks Refugee Processing Data

This Freedom of Information Act (FOIA) lawsuit seeks to compel the U.S. Department of State to release data about the demographics, processing, and adjudication of refugees’ applications for admission into the United States through the U.S. Refugee Admissions Program.

The United States has long played a leading role in resettling the most vulnerable refugee populations to safety and security within its borders. But the Trump Administration renounced the American tradition of welcoming refugees and curtailed USRAP. It capped refugee admissions ceilings at historic lows, suspended admissions, and eliminated public reports. It also heightened security screening policies, reduced vetting and adjudications staffing, and denied refugees resettlement at a higher rate.

Within weeks of taking office, President Biden pledged to rebuild and expand USRAP and bring greater transparency and accountability to the program. His administration restored admissions ceilings to their historical average and vowed to address processing backlogs and improve the efficiency and fairness of security screening.

However, these changes have not yet increased transparency in refugee processing. Refugees and other members of the public still lack information about processing times, backlogs, and adjudication trends. Nor can they compare outcomes between the Trump Administration and Biden Administration to assess the impact of any policy changes.
In February 2024, the Council joined, as co-counsel, a lawsuit filed by the International Refugee Assistance Project (IRAP) against the Department of State in February 2023 to obtain refugee data. IRAP’s lawsuit came after it filed a request under FOIA in November 2022, which the agency failed to reply within the statutory deadline.