The Department of Homeland Security (DHS) issued a memo on Wednesday authorizing immigration enforcement agents to arrest and detain lawful refugees who have not yet obtained green cards within one year of arriving in the United States.
The new policy could affect tens of thousands of those admitted under previous administrations. DHS filed the order in federal court, according to CBS News.
The Trump administration has given Immigration and Customs Enforcement officers broader powers to detain lawful refugees who have yet to secure permanent U.S. residency, in its latest effort to more heavily scrutinize immigrants, illegal and legal alike, according to a government memo issued Wednesday and obtained by CBS News
The directive, dated Feb. 18 and submitted by government lawyers in a federal court filing on Wednesday, instructs ICE to detain refugees who entered the U.S. lawfully but who have not formally obtained permanent residency — also known as green card — a year after their admission.
Refugees are immigrants granted a safe haven in the U.S. after proving they are fleeing persecution in their home countries due to their race, religion, nationality, political views or membership in a social group.
The memo mandates that refugees who have not sought lawful permanent resident status after one year must return to DHS custody for another “inspection and examination” and could be held in custody during the process.
The new policy rescinds Obama-era guidance saying that failure to obtain a green card within a year was not, by itself, grounds for detention or deportation. It empowers ICE agents to arrest these individuals if they do not appear voluntarily when summoned.
NEW: Yesterday the Trump admin doubled down on its plan to arrest, detain, and interrogate tens of thousands of legally present refugees; people already vetted who’ve lived here legally for 1+ year.
— Aaron Reichlin-Melnick (@ReichlinMelnick) February 19, 2026
Hundreds were arrested in Minnesota under this policy before a court blocked it. pic.twitter.com/kRHVl0RArq
The White House said the policy is a way to carry out “congressionally mandated” vetting for fraud, public safety, and national security risks. It noted that over 200,000 refugees entered the U.S. under former President Joe Biden. Many of these individuals have not obtained permanent residency, NPR reported.
DHS agents have been going around Minneapolis arresting refugees who haven’t yet obtained their green cards and remain in refugee status.
— Aaron Reichlin-Melnick (@ReichlinMelnick) January 14, 2026
These people are present completely legally — and are currently unable to get their green cards because the Trump admin isn’t granting any. pic.twitter.com/1mMxDCm8NA
Supporters of the directive say it is a necessary pivot from Biden’s lax refugee screening process. DHS officials said that prior refugee admissions “prioritized speed, volume, and admissions over thorough interviews and detailed vetting.”
Critics blasted the policy, calling it unprecedented and dangerous. HIAS CEO Beth Oppenheim said it was “a transparent effort to detain and potentially deport thousands of people who are legally present in this country, people the U.S. government itself welcome after years of extreme vetting.”