DHS cuts refugee termination notice to 10 days

The change applies when DHS determines that someone admitted as a refugee did not actually meet the legal definition of a refugee under section 101(a)(42) of the Immigration and Nationality Act at the time they entered the United States. When DHS issues a Notice of Intent to Terminate, the person now has ten days instead of thirty to respond in writing.

DHS says the shorter window is necessary because refugees admitted under what the agency calls lax screening procedures pose risks to national security and public safety. The rule cites a preliminary review of refugees in Minnesota who were interviewed, approved, and admitted during the Biden administration. According to the document, "for the majority of these reviewed cases, the evidence was insufficient to establish that the principal applicant met all of the required elements of the refugee definition."

The agency points to specific cases investigated by the Fraud Detection and National Security Directorate. One refugee was later found to have participated in human rights abuses with the Liberian Armed Forces during the Liberian Civil War. Another was found to have misrepresented his involvement with the Oromo Liberation Front, an armed group in Ethiopia, with social media showing pro-OLF activities and radical violent rhetoric posted before his admission. DHS argues that a longer notice period "could provide opportunities for aliens to evade enforcement or engage in harmful activities."

DHS frames the change as restoring integrity to the refugee program. The agency states that operational guidance during the Biden administration "allowed officers to forgo typical lines of inquiry, sacrificing the caliber and efficacy of the refugee interview. It says the priority of expediency over quality led to omitted questions and increased the risk of ineligible people being approved. The rule does not provide a specific count of how many refugees may be affected by this change or how many termination notices DHS expects to issue.

The document emphasizes that identity establishment is critical in refugee adjudications. Refugee applicants have the burden to establish their identity for purposes of immigration benefits. Identity can be established through biometrics, documentary evidence, and testimony. In the refugee context, testimony is a primary source of evidence, providing information about the applicant's background, familial relations, past experiences, and associations. An applicant's capacity to demonstrate their identity to the satisfaction of the U.S. Government is a necessary step in determining eligibility for refugee status.

The rule is labeled an interim final rule, meaning it takes effect now while DHS accepts public comments. Written comments must be submitted by November 13, 2026, through the Federal eRulemaking Portal at https://www.regulations.gov using DHS Docket No. USCIS-2026-0397. Comments must be in English or accompanied by an English translation. DHS will not consider comments sent by email, letter, hand delivery, courier, or on digital storage devices like USB drives or CDs. Comments that reference a specific portion of the rule, explain the reason for any recommended change, and include supporting data or authority will be most helpful to USCIS in implementing these changes.

The document does not specify what happens if someone fails to respond within the ten days, nor does it detail the process for terminating refugee status after the response period closes. It also does not say whether the ten-day clock starts from when the NOIT is mailed, received, or some other date. The rule focuses on the notice period itself, not the full termination procedure that follows.

The rule is part of what DHS calls the Post-Admission Refugee Reverification and Integrity Strengthening (PARRIS) program. It references Operation Twin Shield, a joint antifraud enforcement action with Immigration and Customs Enforcement and the FBI announced on September 30, 2025. Cases of resettled refugees residing in Minnesota were reviewed as part of an initial pilot operation cohort to reinforce these antifraud enforcement actions.

DHS invites all interested parties to participate in this rulemaking by submitting written data, views, comments and arguments on all aspects of the interim final rule. Comments that relate to the economic, environmental, or federalism effects that might result from this rule are also invited. For further information, contact the Security, Public Safety, and Global Vetting Division at the Office of Policy & Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone (240) 721-3000. Individuals with hearing or speech impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at 711.

General information, not legal, immigration or tax advice. Confirm the details with Homeland Security Department before you act.