The U.S. Department of Homeland Security (DHS) has implemented a new regulation this week, reducing the time formal refugees have to contest the termination of their immigration status from 30 days to just 10 days.
This rule, which was promptly published in the Federal Register, took effect immediately without any grace period.
Under this regulation, the process to respond to a Notice of Intent to Terminate (NOIT) refugee status is altered. The U.S. Citizenship and Immigration Services (USCIS) issues this notice when it determines that an individual was not eligible at the time of their admission.
If the notice is sent via postal mail, three additional days are added, making it a total of 13 days from the date of mailing.
Who Does This Affect?
This regulation exclusively impacts individuals who entered as principal refugees through the U.S. Refugee Admissions Program (USRAP) and have not yet adjusted their status to permanent residency.
The Trump administration is reviewing at least 185,000 cases of individuals admitted between the fiscal years 2015 and 2025.
The rule does not affect humanitarian parole, asylum, Form I-220A, permanent residency, or citizenship.
Limited Impact on Cuban Nationals
For the majority of Cubans residing in Florida, the measure has a limited direct impact.
The Cuban community mostly arrived via humanitarian parole—including the CHNV program—asylum, Form I-220A, as "Cuban entrants," or through the Cuban Adjustment Act, rather than as formal refugees under USRAP.
Statistics support this: in the fiscal year 2024, only 258 Cubans were formally resettled under this program nationwide, compared to a total of 100,060 refugees admitted that year across the country.
Venezuelans at Greater Risk
Venezuelans find themselves most affected by this change. Venezuela was one of the top countries of origin for resettled refugees during the Biden administration, and large Venezuelan communities in southern Florida still have pending permanent residency applications.
A review of over 14,500 cases from individuals from Ecuador, El Salvador, Guatemala, Honduras, and Venezuela admitted between 2021 and 2024 identified more than 1,500 with potential public safety risks, including alleged gang affiliations, as noted in the rule's preamble.
Consequences of Missing the Deadline
Failing to respond within the deadline can result in the loss of status without the possibility of administrative appeal.
Cancellation also means the simultaneous loss of work authorization, and USCIS may initiate deportation proceedings.
The effect extends to spouses and children under 21 included as derivatives in the case.
Advocacy Groups Oppose the Measure
Krish O'Mara Vignarajah, president of Global Refuge, remarked that "these families complied with all requests. They underwent interviews, background checks, and years of waiting abroad, only stepping onto U.S. soil once government officials approved their applications."
Vignarajah added that DHS "wants to review these decisions within a 10-day period, an entirely insufficient notification timeframe to find legal representation, translate documents, or obtain records from a country they were forced to flee."
Naomi Steinberg, vice president of Refugee, Immigration Policy, and Advocacy at HIAS, was more direct: "The release of this new policy marks a new low, among a series of lows, in this administration's ongoing effort to make permanent protection for refugees in this country a thing of the past."
A Policy of Maximum Pressure
This rule is part of the Trump administration's immigration policy, which effectively suspended USRAP since January 20, 2025. For the fiscal year 2026, the admission cap was set at 7,500, a 94% decrease from the previous year.
The DHS has opened a public comment period on the new rule until November 13, 2026, under docket USCIS-2026-0397 at Regulations.gov.
Changes in immigration regulations can affect thousands of Cubans in the U.S. Stay informed with all the details in our U.S. Immigration section.
Frequently Asked Questions About the New Refugee Rule
How does the new 10-day rule impact Cuban refugees?
The new rule has limited impact on Cuban refugees, as most arrived through other means such as humanitarian parole, asylum, or the Cuban Adjustment Act, rather than the USRAP.
What are the consequences of not responding to the NOIT within the deadline?
Failure to respond within the deadline can result in losing refugee status, work authorization, and possibly facing deportation proceedings.
Who is most affected by the rule change?
Venezuelans are most affected, as they make up a significant portion of refugees resettled during the Biden administration, with many still awaiting permanent residency.