South African refugees in US face a shorter clock after notice
WASHINGTON — South Africans living in the United States as refugees face a shorter deadline to defend their status if immigration authorities seek to terminate it, following a rule that took effect on 14 October.
The Department of Homeland Security has reduced the response period for a Notice of Intent to Terminate refugee status from 30 days to 10.
The change concerns cases in which authorities determine that a person did not meet the legal definition of a refugee when admitted to the United States. It does not automatically cancel refugee status or impose a new deadline on every South African living in America.
A notice must set out the reasons for the proposed termination, giving the recipient an opportunity to respond before a decision is made. The shortened period concerns that response, rather than a general appeal deadline covering all immigration decisions.
For South Africans, the relevant issue is their immigration status and whether they receive such a notice. Nationality alone does not bring someone within this procedure.
DHS says the faster process will strengthen immigration controls, address fraud and reduce national-security and public-safety risks.
Refugee-support organisation Global Refuge has criticised the change, warning that 10 days may leave families struggling to find legal representation, translate documents and obtain evidence from their countries of origin. It also raised concerns that delivery delays could further reduce the time available to respond.
The American Immigration Lawyers Association has advised practitioners to treat these notices as urgent. Anyone receiving one should promptly obtain advice from a qualified US immigration lawyer or accredited representative about the notice and the applicable deadline.
Although the rule is already in force, DHS is accepting public comments until 13 November.
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