DHS has cut the time RefugeeA person outside their country of nationality who cannot return because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group or political opinion (INA 101(a)(42)). Admission as a refugee is discretionary, and annual admission levels are set through a Presidential Determination. A person already in the United States or at a port of entry with a similar claim may instead seek asylum.See it in the glossary get to answer a notice that it intends to end their status from 30 days to 10, under an interim final rule that took effect October 14, 2026.
What the refugee termination rule changes
The rule amends 8 CFR 207.9, which covers termination of refugee status when USCIS determines a person was not a refugee under section 101(a)(42) of the Immigration and Nationality Act at the time of admission. Until now, the person had 30 days to respond to a Notice of Intent to Terminate (NOIT). Under the rule, the response period is 10 days.
The NOIT must still state the specific reasons USCIS found the person did not meet the refugee definition, DHS says. A refugee can respond with documents or ask to give oral testimony, and a request for oral testimony counts as a timely response. If the deadline passes without a response, the refugee is considered to have given up the right to rebut, and DHS will terminate the status.
How the 10 days are counted
Weekends and federal holidays count toward the 10 days, but a deadline that falls on a weekend or federal holiday moves to the next business day. The period starts on the date the NOIT is mailed or personally served. Because 8 CFR 103.8(b) adds three days for mailed notices, DHS says refugees who receive a notice by mail have 13 days in total. DHS says it will send notices by express delivery with tracking.
The reasons DHS gave
DHS says a shorter period lets it act quickly on national security, public safety and fraud concerns, and that a longer one could give people room to “evade enforcement.” The rule criticizes refugee screening under the Biden administration. It cites a preliminary review of resettled refugees in Minnesota who were admitted during that period, which DHS says found the evidence insufficient in most reviewed cases to show the principal applicant met the refugee definition.
The rule also points to a February 18, 2026 joint ICE and USCIS memo on detaining refugees who have not adjusted to permanent resident status after one year. DHS says that policy is separate from this rule, which covers termination procedures.
How to comment on the rule
The rule is already in effect, and DHS is accepting public comments until November 13, 2026 at regulations.gov under docket USCIS-2026-0397. DHS says it will not treat comments sent by email or mail as comments on the rule.
For related coverage, see our report on the Tenth Circuit ruling that terminations can be reviewed and on the fiscal 2027 refugee ceiling. Our Visa Library explains asylum versus refugee status.