RCUSA Decries Trump Administration’s Legally Flawed Consultations with Congress, the Latest in a Pattern of Unlawful Actions that Harm At-Risk Refugees

Washington, DC – Yesterday, the Trump administration sent Christopher Landau, Deputy Secretary of State, and Troy Edgar, Deputy Secretary of the Department of Homeland Security, to meet with Congress to discuss what had been published on October 31st as the Presidential Determination on Refugee Admissions (PD) for Fiscal Year 2026. That document set the refugee admissions goal at 7,500 – by far the lowest-ever number in the 45-year history of the U.S. Refugee Admissions Program.

Yesterday’s meeting ostensibly served as the consultations with Congress that must precede the issuance of the refugee admissions PD. This is a legally required step, mandated by the Refugee Act of 1980. But the consultations themselves were perfunctory and were not conducted, as the law requires, by a cabinet-level official. The administration’s dismissive treatment of Congress, on top of a PD that leaves more than 120,000 fully vetted refugees stranded overseas, places the U.S. resettlement program in legal and moral jeopardy, and creates a challenging operating environment for serving refugees fleeing violence and persecution.

We cannot turn a blind eye to the administration’s unjust, disparate treatment of refugees, nor the reverberating impact the administration’s unlawful actions will have on refugees abroad and in the United States. RCUSA joins House and Senate Judiciary members in unequivocally decrying the Trump administration’s shocking decision to abandon refugees. The administration blatantly and repeatedly violated its statutory requirements under the Refugee Act of 1980:

1. The President failed to consult with Congress by the start of FY 2026 or before publishing the PD;
2. The President failed to issue a report to Congress containing the elements required under 8 U.S.C. § 1157(e);
3. The President failed to conduct an “appropriate consultation” as defined in 8 U.S.C. § 1157(e) by not sending a Cabinet-level representative; and 
4. The PD explicitly leaves in place the indefinite and unlawful refugee ban, wrongfully and effectively ending the statutory framework for resettling refugees established by Congress.

RCUSA has expressed outrage and condemnation, alongside our members, partners, refugee leaders, and Members of Congress, against the administration’s ongoing prioritization of white South Africans (Afrikaners) and “victims of illegal or unjust discrimination” (which reportedly would include European members of far-right political parties like Alternative for Germany) at the expense of the most at-risk refugees. This decision is dangerous, discriminatory, and shameful – and a deliberate abandonment of our nation’s legal obligations and humanitarian commitments. 

“The Trump administration has defied U.S. law, jeopardized countless refugee lives, and fundamentally distorted the mission of the U.S. resettlement program” said John Slocum, Executive Director of Refugee Council USA. “If there was ever a time to stand up for the most vulnerable, the time is right now. The administration is abandoning Burmese, Rohingya, and Sudanese families fleeing brutal regimes and war zones, Congolese and Eritrean survivors of rape and ethnic violence, Afghan allies promised safety after risking their lives alongside U.S. forces, and countless others, including families and loved ones waiting for reunification. The harmful impact of the administration’s unlawful actions and discriminatory treatment of refugees will be felt for years to come, until we reverse course. We urge our elected leaders to hold the administration to account. Refugee law is not a plaything for the administration to ignore as it pleases. The American people deserve better.”

Media Contact: Mariam Sayeed, msayeed@rcusa.org

RCUSA is a diverse coalition advocating for just and humane laws and policies, and the promotion of dialogue and communication among government, civil society, and those who need protection and welcome. Individual RCUSA members do not all address all refugee-related issues, nor do all individual members approach common refugee-related issues identically.

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