The Department of Homeland Security (DHS) of the United States has implemented a rule that reduces the timeframe from 30 to 10 days for refugees to respond to a notification of potential cancellation of their immigration status.
The measure, published in the Federal Register, came into effect on October 14, 2026.
The regulation modifies the response procedure to the Notice of Intent to Terminate (NOIT) refugee status, which the U.S. Citizenship and Immigration Services (USCIS) issues when it determines that an individual did not meet the criteria for obtaining that protection at the time of their admission.
If the notification is sent by postal mail, three days are added to the deadline, for a total of 13 days from the dispatch.
All days are counted, including weekends and federal holidays. However, if the last day falls on a Saturday, Sunday, or federal holiday, the deadline is moved to the next business day.
Affected individuals can submit written evidence or request an interview with USCIS within the established timeframe. The regulation clarifies that it is not necessary to provide all documentation within those ten days if an interview is timely requested to present arguments orally.
Who does it affect exactly?
The rule applies to individuals formally admitted as refugees in the United States under the Refugee Admissions Program (USRAP), whose status has not been replaced by permanent residency and who receive a notification of potential termination.
The Trump administration is reviewing at least 185,000 refugee files with pending permanent residency applications, as reported by the Associated Press.
The new reduction in the timeframe does not directly affect the procedures for humanitarian parole, asylum, Form I-220A, permanent residency, or citizenship.
The impact for Cubans is limited
For the majority of Cubans in Florida, the measure has a limited direct impact.
Many Cubans have arrived through humanitarian parole —including the CHNV program— have applied for asylum, received I-220A documents, or utilized other immigration pathways, including the .
These categories do not automatically equate to formal admission as a refugee under USRAP.
In the 2024 fiscal year, 258 Cubans were formally resettled through that program, compared to a total of 100,060 refugees admitted to the United States during the same period.
Therefore, the Cubans who could be directly affected are those who entered as formal refugees, maintain that status, and receive a notice of intent to terminate.
The review also affects Venezuelan refugees
Venezuelans are among the nationalities included in the refugee admission review processes.
A review of more than 14,500 records of individuals from Ecuador, El Salvador, Guatemala, Honduras, and Venezuela, admitted between 2021 and 2024, identified over 1,500 cases with indicators of potential risks to public safety, including alleged links to gangs, according to the preamble of the rule.
These figures correspond to the total of the five nationalities examined and do not allow for the determination of how many cases specifically belong to Venezuelans.
The consequences of not responding on time
If a person receives a notice of intent to terminate and does not respond within the deadline, they forfeit the opportunity to contest the reasons put forth by USCIS through that process.
The regulation states that, under those circumstances, the agency will proceed to terminate their refugee status.
The termination of status also implies the loss of employment authorization linked to that condition. In addition, it can lead to immigration proceedings that may result in deportation from the United States.
The regulation does not provide for an administrative appeal to USCIS against the decision to terminate refugee status.
Relatives who obtained their immigration status as derivatives of the principal refugee may also face consequences, depending on their immigration situation.
Advocacy organizations reject the measure
Krish O'Mara Vignarajah, president of Global Refuge, stated that "these families did everything that was asked of them. They underwent interviews, background checks, and years of waiting abroad, and only set foot on American soil once their applications were approved by government officials."
Vignarajah added that the DHS "wants to review those decisions within 10 days, a notification period that is entirely insufficient to find a lawyer, translate documents, or obtain records from a country from which they were forced to flee."
Naomi Steinberg, Vice President of Refugees, Immigration Policy, and Advocacy of HIAS, also criticized the decision, calling it a new setback in the protections offered to refugees in the United States.
A new restriction in immigration policy
The rule is part of the changes introduced by the Trump administration in U.S. immigration policy.
The DHS argues that reducing the timeframe will expedite proceedings against individuals who, according to authorities, did not meet the requirements to obtain refugee status upon entering the country.
Refugee advocacy organizations warn that the response period may be insufficient to secure legal assistance and gather necessary documents.
The DHS opened a public comment period on the rule until November 13, 2026, under file USCIS-2026-0397, available at Regulations.gov.
The provision remains in effect while the comment period is ongoing.
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