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DHS Authorizes Arrests of Lawful Refugees Without a Green Card
A new DHS refugee arrest policy allows authorities to arrest and detain lawful refugees who have not obtained a green card.
By  Ernesto Iván Vargas Martínez
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DHS Authorizes Arrests of Lawful Refugees Without a Green Card
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Posted on02/20/26 at 14:15

  • DHS Authorizes Arrests of Refugees
  • Refugees Without Green Card
  • Judge Blocks Federal Measure

The Department of Homeland Security has expanded the authority of immigration agents to detain refugees who are legally present in the United States.

The measure applies to those who are awaiting permanent residency after one year in the country.

The change was outlined in an internal memorandum obtained by media outlets. The document was dated Wednesday.

Controversy Over New DHS Policy That Authorizes Arrests of Refugees

The memo was submitted by Department of Justice attorneys as part of a federal court filing.

The text states that officers may “arrest and detain” lawful refugees, according to Univision.

It applies to individuals who have not adjusted their status to lawful permanent resident within twelve months of admission.

In other words, those who do not possess a green card.

This development marks a significant shift under the DHS refugee arrest policy.

Change from the 2010 Policy

Until now, a policy established in 2010 had been in effect. Under that rule, failure to obtain permanent residency was not grounds for removal.

Nor did it constitute a basis for the detention of a refugee. The new directive modifies that criterion.

According to media outlets that reviewed the document, the rule seeks to ensure a new verification process.

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This process would be activated after one year of residence in the country.

The memorandum emphasizes that a refugee’s admission is “conditional.”

It states that it is subject to mandatory review after twelve months.

It also indicates that detained individuals may remain in custody.

Such custody would continue “during the inspection and examination process.”

The document adds that individuals will be considered as voluntarily returning to custody.

This would occur simply by appearing for a migration interview.

If they fail to attend the appointment, ICE must locate and detain them.

DHS Cites National Security Risks to Justify the New Refugee Arrest Policy

The Department of Homeland Security argues that the previous policy created risks.

According to the memorandum, it led to a population of conditional refugees who were not fully reevaluated.

The document asserts that this posed risks to public and national security.

Refugees are foreign nationals authorized to enter the United States.

They must demonstrate that they are fleeing their home country for specific reasons, including race, religion, or nationality.

Other qualifying grounds include membership in a particular social group or political affiliation.

They are required to begin the process of applying for a green card within their first year.

The memorandum was issued by USCIS Director Joseph Edlow.

It was also signed by Acting ICE Director Todd Lyons.

Judicial Block in Minnesota

The document was included in a court filing.

It is part of a federal case in Minnesota.

In that state, a judge temporarily blocked the administration of President Donald Trump.

The order prevents action against approximately 5,600 lawful refugees.

These individuals are awaiting their permanent resident cards.

A hearing in the case is scheduled for Thursday.

The litigation centers on the implementation of the DHS refugee arrest policy.

Meanwhile, the directive represents a shift in how lawful refugees are treated.

Especially those who have not completed their status adjustment after one year.

The final scope of the measure will depend on the ongoing judicial process.