A recent directive from the U.S. Department of Homeland Security (DHS) introduces a significant shift in how refugees admitted to the country are treated while they await permanent residency. The policy, outlined in a memo filed in federal court, potentially allows for the detention of refugees who have been in the United States for a year and have not yet secured a green card. This development has sparked legal challenges and concerns among refugee advocacy groups, as it appears to reverse prior understandings regarding the grounds for detention.
The core issue is the U.S. government's renewed emphasis on mandatory reviews for refugees after one year of admission, with the possibility of detention if they have not obtained a green card by that point.
Background of the Policy Shift
The current situation stems from a memo issued by the DHS, which was submitted as part of an ongoing lawsuit in Minnesota. This memo details a new approach to the processing and review of refugees admitted to the United States.
Read More: US policy change may arrest refugees waiting for green cards in Minnesota
Timeline: The DHS memo was filed in federal court in Minnesota on or around February 19, 2026, in connection with a lawsuit initiated in January 2026. A temporary restraining order was in place before this filing.
Actors:
Department of Homeland Security (DHS): Issued the new memo.
U.S. Citizenship and Immigration Services (USCIS): Launched an investigation into refugees in Minnesota.
Immigration and Customs Enforcement (ICE): Involved in referring cases and potential detentions.
International Refugee Assistance Project (IRAP): One of the groups challenging the new policy.
U.S. District Judge John Tunheim: Issued a temporary order blocking detentions in Minnesota.
Refugees: Individuals admitted to the U.S. who are awaiting green cards.
Previous Policy: Under prior policy, failing to obtain a green card within a year was generally not sufficient grounds for detention or removal. Detained refugees typically had to be released within 48 hours unless removal proceedings were initiated.
Operation PARRIS: The DHS and USCIS initiated "Operation PARRIS" (Post-Admission Refugee Reverification and Integrity Strengthening) in mid-December 2025. This operation targeted refugees in Minnesota who had not yet become permanent residents.
Key Provisions of the DHS Memo
The DHS memo introduces new directives concerning the status of refugees after their first year in the U.S.
Conditional Admission: The memo states that refugee admission is conditional and subject to a mandatory review after one year.
Detention for Review: Refugees who have not obtained a green card by the one-year mark may be placed in immigration detention for the duration of the inspection and examination process.
Targeted Group: This policy change has led USCIS to investigate approximately 5,600 refugees in Minnesota who had not yet received their green cards, with cases being referred to ICE.
Legal Challenges and Judicial Intervention
The new policy has encountered immediate legal opposition, particularly concerning its application in Minnesota.
Lawsuit in Minnesota: The DHS memo was filed as part of a federal case in Minnesota where refugee rights groups are challenging the government's actions.
Judge Tunheim's Order: U.S. District Judge John Tunheim issued a temporary restraining order that currently blocks the government from detaining refugees in Minnesota who are lawfully present but awaiting green cards. This order was in place ahead of arguments on whether to extend it.
"Nonsensical" Scenario: Judge Tunheim described the government's interpretation of the review process as potentially leading to a situation where "nearly all refugees would face detention unless immigration officials conducted their review at precisely the one-year mark," a scenario he found to be "nonsensical."
Scope of Order: The judge's order currently applies only within Minnesota.
Government Rationale and Impact
The DHS describes the initiative as a necessary step for "re-examining thousands of refugee cases."
"Sweeping Initiative": Operation Parris is characterized by officials as a broad effort involving "new background checks and intensive verification of refugee claims."
Reversal of Obama-era Policy: The memo appears to reverse a policy from the Obama administration that stipulated failure to apply for a green card within a year was insufficient grounds for arrest or detention.
Potential for Broad Detention: Critics suggest that the new policy could lead to the arrest and detention of tens of thousands of refugees nationwide who are lawfully in the U.S. but have not yet obtained permanent residency.
Refugee Experiences Amidst Policy Changes
Reports indicate that refugees are experiencing fear and trauma due to these actions.
Targeting of Legal Residents: Some refugees already legally admitted to the U.S. are reportedly being targeted for aggressive "rescreening."
Trauma Relived: The process of being targeted by immigration agents can cause refugees to relive the traumatic experiences they fled in their home countries.
Detention Incidents: There are accounts of federal agents attempting to detain individuals, including reports of young men being detained and, in some instances, not returning.
Expert Analysis and Perspectives
Advocacy groups and legal experts have raised significant concerns about the implications of the DHS memo.
"When a refugee is admitted to the United States, the admission is conditional and subject to a mandatory review after one year."
This statement from the DHS memo highlights the core justification for the intensified review process. However, legal organizations like the International Refugee Assistance Project argue that this interpretation is being used to circumvent established protections. The policy shift is seen by many as a departure from years of legal and immigration safeguards previously in place for refugees.
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Conclusion and Unresolved Questions
The new DHS directive represents a substantial alteration in U.S. refugee policy, granting Immigration and Customs Enforcement (ICE) expanded authority to detain individuals who are already legally present in the country as refugees. The policy's justification is rooted in a mandatory one-year review, with the stated aim of enhancing security and verifying claims.
However, significant questions remain:
Will Judge Tunheim's temporary restraining order in Minnesota be extended or made permanent, and what impact might this have on the broader application of the policy?
How will the DHS's interpretation of "mandatory review" be applied consistently across the country, and what procedural safeguards will be in place to prevent arbitrary detention?
What are the long-term implications for the refugee resettlement program and the trust between refugee communities and U.S. immigration authorities?
The current legal battles and the ongoing investigations suggest a period of significant uncertainty and potential disruption for refugees navigating the U.S. immigration system.
Sources:
NPR: https://www.npr.org/2026/02/19/g-s1-110721/trump-administration-refugees-memo-arrest - Published 19 hours ago, this report details the potential for refugees to be detained and placed in custody while their green card applications are processed, referencing the memo and investigations in Minnesota.
CNN Politics: https://www.cnn.com/2026/02/19/politics/trump-refugees-memo-detain-immigration-hnk - Published 19 hours ago, this article focuses on the expansion of ICE's detention capabilities for legal refugees, noting the challenge by the International Refugee Assistance Project and the temporary block in Minnesota.
Newsweek: https://www.newsweek.com/trump-order-refugees-detention-green-cards-judge-ruling-11550919 - Published 56 minutes ago, this report highlights Judge Tunheim's order blocking arrests under "Operation PARRIS" and his assessment of the government's interpretation as "nonsensical."
AP News: https://apnews.com/article/minnesota-immigration-crackdown-refugee-lawsuit-87e5e89ee4f68189638f9e77acfb2994 - Published 14 hours ago, this article provides a broad overview of the sweeping new order that could lead to detentions, noting that the current judicial order applies only in Minnesota.
The Guardian: https://www.theguardian.com/us-news/2026/feb/19/trump-administration-memo-ice-dhs-refugees-screening - Published 4 hours ago, this piece focuses on the White House granting ICE power for aggressive "rescreening" and contrasts the new memo with a previous Obama administration policy.
NPR (Feb 2, 2026): https://www.npr.org/2026/02/02/nx-s1-5686396/ice-arrest-refugees-legal-minneapolis-minnesota-immigration - Published February 2, 2026, this earlier report details specific instances of ICE targeting refugees in Minnesota, illustrating the fear and trauma experienced by individuals even before the new memo's specifics were widely known.
