The Department of Homeland Security has issued a memo allowing federal immigration agents to arrest refugees who have not yet obtained a green card, indefinitely detaining them for re-screening. This policy shift puts tens of thousands of people at risk, including those who entered the country during the Biden administration and assumed they were protected from detention.
Refugees are required to apply for status as a lawful permanent resident within one year of living in the US, but advocates say many face challenges, such as confusion about the process, language barriers, and difficulty navigating the system. The new policy rescinds a 2010 memo that stated failing to apply for status should not be a basis for detaining refugees.
The Trump administration has recast refugee status as conditional instead of permanent, requiring refugees to endure a second round of vetting to screen for public safety, fraud, and national security risks. This change in policy could lead to thousands of refugees being deported back to the countries they fled, violating international law.
Advocates, including the International Refugee Assistance Project, are asking judges to declare the new refugee detention policy unlawful, fearing it will create a climate of fear among refugee communities across the US.
Source: https://www.washingtonpost.com/immigration/2026/02/18