DHS Authorizes Detention of Refugees Who Miss Green Card Deadline
The Department of Homeland Security (DHS) has issued a policy memo authorizing federal immigration officers to detain lawful refugees who have not obtained a green card one year after their admission to the United States.
The memo, dated February 18, rescinds prior guidance and instructs Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) to implement a "detain and inspect" process for this population.
Policy Details
Issued by USCIS Director Joseph Edlow and Acting ICE Director Todd Lyons, the memo authorizes officers to arrest and detain refugees who have not adjusted to Lawful Permanent Resident (LPR) status within one year of their arrival.
According to the document, a refugee's admission is conditional and subject to mandatory review after one year.
The policy states that detained refugees may remain in custody throughout the inspection and examination process. It further indicates that refugees can be considered to have "voluntarily returned to custody" by submitting required paperwork and attending scheduled appointments. Non-compliance may result in ICE locating, arresting, and detaining the individual.
This directive reverses prior government guidelines. Under previous policy, failure to obtain a green card after one year was not considered sufficient grounds for detention or removal. Earlier policy also required that arrested refugees be released within 48 hours or face removal proceedings based on valid grounds.
Rationale and Implementation
The DHS memo states the policy aims to address what it describes as "a population of conditional refugees who had not been fully re-screened, with associated public safety and national security risks."
Officials state the review process is designed to determine if refugee status was obtained fraudulently or if individuals pose national security or public safety threats, including potential ties to terrorism. Refugees found to raise concerns may have their legal status revoked and face deportation proceedings.
DHS has described the policy as a revision of "incomplete" existing guidance. The memo clarifies the one-year mark as a mandatory re-vetting point for all refugees who have not adjusted to LPR status.
Legal Challenge
The DHS memo was included in a federal court filing in Minnesota, where the U.S. District Court for the District of Minnesota is presiding over a class-action lawsuit.
District Judge John Tunheim previously blocked further arrests of settled refugees in Minnesota and ordered the release of over 100 individuals detained by ICE, citing arrests made "without warrants or cause."
The policy memo appears to conflict with this court order. Prior litigation involved "Operation Parris" (post-admission refugee reverification and integrity strengthening), an initiative that targeted approximately 5,600 refugees in Minnesota who had not obtained permanent residency. Judge Tunheim stated in his order that "Refugees have a legal right to be in the United States, a right to work, a right to live peacefully."
Context
The policy change occurs within broader immigration enforcement efforts. During the current administration, refugee admissions have been capped at 7,500 for the fiscal year—the lowest level since the modern refugee program began in the 1980s. In contrast, over 100,000 refugees were admitted in fiscal year 2024, and 38,000 were resettled in fiscal year 2025.
Following an incident in November in which an Afghan national was charged with shooting two National Guard members, the administration halted processing of green card and citizenship applications from nationals of 19 countries, including Afghanistan. Retroactive reviews of previously approved applications from these countries were also ordered. A separate pause has affected applications from individuals born in 39 countries.
Reactions
Several refugee resettlement organizations have responded to the policy:
- Beth Oppenheim, CEO of HIAS, stated the memo was developed without coordination and described it as an effort to detain and potentially deport individuals legally present in the U.S.
- Laurie Ball Cooper, Vice President of US Legal Programs at the International Refugee Assistance Project (IRAP), characterized the policy as part of a broader effort affecting refugees' legal status and immigrants' constitutional rights.
World Relief, a Christian humanitarian organization, described the government's action as an "unprecedented reversal of decades-long interpretation of refugee law."
Myal Greene, president and CEO of World Relief, stated that the policy represents a failure in honoring commitments made to admitted populations.
Advocacy groups have noted challenges refugees face in adjusting status quickly due to the complexity of the immigration system, USCIS backlogs, and funding cuts to support organizations. The International Refugee Assistance Project (IRAP) is challenging the policy in court.
Internal Agency Changes
USCIS is undergoing administrative changes, including encouraging early retirements, terminating collective bargaining agreements, and modifying job postings for new positions described as "homeland defenders." These roles are tasked with interviewing applicants and supporting Customs and Border Protection (CBP) and ICE.
USCIS has reported receiving approximately 35,000 applications for these positions and extending "hundreds" of job offers.
Michael Knowles, executive vice president of the union representing 15,000 USCIS employees, cited low morale attributed to termination of the union contract, a revised back-to-office mandate, and limited communication from leadership. An unnamed former USCIS refugee officer stated that the rapidity of changes "overwhelmed" employees.
USCIS Processing Status
USCIS reports 11.6 million pending applications for immigration services, including forms for citizenship, green cards, work permits, and asylum. A separate category of 247,974 applications has been submitted but not yet opened by the agency. Data indicates the backlog increased by 2 million in the first year of the current administration.
Immigration attorneys report that processing delays can leave applicants waiting months for confirmation that their application was received.
Some applications, including all asylum applications, were paused for review in the latter half of the previous year, with reviews restarting in late March. Reviews for applicants from 39 countries on a travel ban list were also paused.
At least 33 lawsuits have been filed related to the application pauses. A federal judge in Northern California ordered USCIS to decide on work authorization applications from 31 Iranian and one Sudanese citizen by May 18.