A recent change in federal policy has altered the legal status of thousands of people living in the United States as refugees. A memo from the Department of Homeland Security (DHS) now instructs agents to arrest and detain refugees who have lived in the country for at least one year but have not yet received a green card.
Under previous rules, refugees were rarely detained while waiting for their permanent residency applications to be processed. The government now argues that the law requires refugees to return to official custody after their first year for a "mandatory review." This shift has created a legal conflict in federal court, particularly in Minnesota, where a judge has stepped in to stop the arrests of roughly 5,600 people. The outcome of this policy could change the lives of many people who entered the country through legal channels but now face the possibility of indefinite detention.
Read More: New US Refugee Policy May Allow Detention of Refugees Waiting for Green Cards in 2026
Timeline and Key Figures
The shift in policy follows a series of actions by the Trump administration and immigration authorities over several months.
December 2025: The administration rescinded previous guidance that protected refugees from detention while their green card applications were pending.
January 2026: US Citizenship and Immigration Services (USCIS) launched an investigation into 5,600 refugees in Minnesota.
February 18, 2026: A memo was issued by Joseph Edlow (USCIS Director) and Todd Lyons (Acting ICE Director) officially authorizing the arrest and detention of refugees after one year.
February 19, 2026: The memo became public as part of a lawsuit filed in a Minnesota federal court.
Current Status: U.S. District Judge John Tunheim has issued a temporary order to stop the government from targeting the 5,600 refugees involved in the Minnesota case.
"When a refugee is admitted to the United States, the admission is conditional and subject to a mandatory review after one year." — DHS Memo excerpt
Core Evidence and Legal Basis
The government bases its new policy on a specific reading of the Immigration and Nationality Act (INA). The evidence for this shift is contained within a memo submitted during litigation in Minnesota.
Mandatory Custody: The memo states that refugees who do not have a green card after one year must "return or be returned" to DHS custody.
Vetting Requirements: Authorities claim that a second round of screening is "congressionally mandated" to look for fraud, criminal activity, or national security threats.
Removal of Time Limits: Under the new policy, there is no stated limit on how long a refugee can be held in detention while their case is reviewed.
Referral Process: Evidence shows that USCIS has already begun referring hundreds of cases to Immigration and Customs Enforcement (ICE) for arrest.
DHS claims that refugees are only admitted to the U.S. "conditionally," and failing to obtain a green card within 12 months allows the government to treat them as people subject to immediate detention.
Policy Objectives vs. Human Impact
| Government Argument | Advocate Argument |
|---|---|
| National Security: Screening is necessary to find "fugitive aliens" and prevent fraud. | Redundant Vetting: Refugees are already the most heavily vetted group entering the U.S. |
| Legal Compliance: The law says refugees "shall return" to custody for inspection. | Past Precedent: For decades, this law was interpreted to mean a paperwork review, not an arrest. |
| Conditional Entry: Refugee status is not permanent until a green card is granted. | Bureaucratic Bind: Delays in green card processing are caused by the government, not the refugees. |
The Question of Re-Vetting
The government asserts that a second interview after one year is necessary to ensure the individual still qualifies for protection. This includes asking the same questions used during their initial entry.
Critics, such as the International Refugee Assistance Project (IRAP), argue this forces people to prove their original refugee claim a second time.
Could the government use minor inconsistencies in these interviews as a reason to revoke status and begin deportation?
Detention Conditions and Length
The new memo suggests that refugees may stay in custody "for the duration of the inspection and examination process."
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Unlike previous rules, there is no requirement to release a person within 48 hours or immediately start removal proceedings.
This raises the question: If the government has a backlog of green card applications, will refugees remain in jail for months or years while waiting for an interview?
Specific Group Targeting
The current administration has limited refugee admissions to 7,500 per year, focusing primarily on specific groups like white South Africans.
The 5,600 refugees in Minnesota currently protected by the judge represent a large portion of those targeted by the initial rollout of this policy.
It is unclear if the government intends to expand these arrests to other states if the Minnesota injunction is lifted.
Analysis from Legal and Human Rights Experts
Legal experts are currently examining whether the DHS has the authority to change how it applies the law without approval from Congress. U.S. District Judge John Tunheim noted in court filings that the practice of arresting refugees for re-screening likely breaks existing federal laws. He suggested that the government cannot simply decide to detain legal residents because their paperwork is still being processed.
IRAP representatives have stated that the policy is a "dramatic break" with the past. They argue that the government is creating a situation where legal refugees are treated the same as people who crossed the border illegally, despite having entered with full government approval.
Findings and Next Steps
The investigation into the DHS memo reveals a fundamental shift in how the United States treats people admitted under refugee status.
Read More: US policy change may arrest refugees waiting for green cards in Minnesota
Legal Status is Now "Conditional": The government no longer views refugee status as a secure path to residency, but as a temporary state that can be ended after one year if a green card is not obtained.
Detention as a Tool for Screening: Arrest is being used as a method to facilitate interviews and background checks, rather than as a last resort for those who might flee.
Judicial Oversight: The future of this policy depends on the federal courts. If the judge in Minnesota rules that the DHS is misinterpreting the law, the policy may be struck down nationwide.
The next major step is a hearing scheduled for Thursday afternoon. This hearing will determine if the temporary block on arrests in Minnesota will become a permanent injunction or if ICE will be allowed to proceed with detaining the 5,600 individuals currently under review.
Sources Used
UPI News: DHS to arrest, detain refugees without green cards - Reports on the upcoming court hearing and the 5,600 people affected.
NPR: Refugees in the U.S. could be arrested under a new immigration memo - Details the January investigation in Minnesota and the shift to ICE referrals.
CNN Politics: Trump administration expands ICE’s ability to detain legal refugees - Provides context on previous 48-hour release rules and the 7,500 refugee cap.
International Refugee Assistance Project (IRAP): DHS Claims Authority to Detain Refugees - Offers analysis on the "re-vetting" process and the lack of detention time limits.
Fox 5 NY: DHS memo expands ICE's ability to detain refugees - Explains the roles of Joseph Edlow and Todd Lyons in issuing the memo.
San.com: DHS authorizes ICE to detain thousands of refugees - Focuses on Judge John Tunheim's comments regarding federal law violations.
