Washington Court issues TRO to stop pause in refugee assistance program

A federal District Court (Jamal N. Whitehead) in Washington issued a temporary restraining order against an indefinite pause in the U.S. Refugee Assistance Program as directed by Executive Order 14163.  The Court found that the individual and organizational plaintiffs had standing to sue, and that they were entitled to the TRO because they are likely to succeed on the claim that the President exceeded his statutory powers in issuing the Order.  The Court said that the Order “eviscerates an entire statutory scheme” and replaces it “with the President’s unfettered discretion.”  The Court said the Order was ultra vires because it did not suspend the program temporarily but effectively terminated it.  The Court also found that the plaintiffs were likely to prevail against the governmental agency defendants for violation of the Administrative Procedures Act.  (Pacito v. Trump, W.D. WA, No. 2:25-ev-255, 2/28/25.)

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