The U.S. Department of Homeland Security (DHS) has issued an interim final rule that significantly changes the process for terminating refugee status. Under the new rule, refugees who receive a Notice of Intent to Terminate (NOIT) their status will have only 10 days, instead of the current 30 days, to respond and present evidence supporting their continued eligibility for refugee protection.
The rule is scheduled for publication in the Federal Register on October 14, 2026, and became effective immediately upon publication while remaining open for a 30-day public comment period.
What Is Changing?
Current regulations provide refugees with 30 days to respond after receiving a NOIT from U.S. Citizenship and Immigration Services (USCIS). The interim final rule amends those regulations to reduce the response period to 10 days. If the NOIT is served by mail, an additional three days are added under existing service rules, effectively providing 13 days for a response.
The NOIT process applies when USCIS determines that an individual was not a refugee within the meaning of the Immigration and Nationality Act (INA) at the time they were admitted to the United States. Under the rule, affected individuals may submit documentary evidence, request an interview, or otherwise respond to contest the proposed termination.
DHS’s Rationale
DHS states that shortening the response period will allow the agency to act more quickly when it concludes that a refugee was not eligible for refugee status at the time of admission. According to the agency, the change is intended to:
- Strengthen the integrity of the refugee program;
- Improve national security and public safety protections;
- Address cases involving fraud, misrepresentation, or insufficient vetting; and
- Expedite the removal process for individuals whose refugee status is terminated.
The agency points to recent refugee case reviews, investigations, and enhanced vetting initiatives, including Operation PARRIS (Post-Admission Refugee Reverification and Integrity Strengthening), as part of its justification for the regulatory change.
Impact
A refugee who receives a NOIT will now have substantially less time to gather evidence, consult counsel, and prepare a response. Failure to respond within the allotted timeframe may result in termination of refugee status. Once refugee status is terminated, employment authorization based on that status also ends, and the individual may be placed in removal proceedings.
DHS maintains that the revised timeframe still provides a meaningful opportunity to respond because refugees may request an interview during the response period and may seek other forms of relief if placed into immigration proceedings.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.