New Immigration Directive Could Lead to Arrests of Refugees in the U.S.

Refugees arriving in the U.S. face a new reality as a memo from the Department of Homeland Security outlines a policy that could lead to their detention if they do not secure a green card within one year of arrival. This directive, issued on February 18, mandates that refugees either obtain permanent residency or "present themselves to the agency" to avoid being detained.

The policy is seen as part of a broader strategy by the previous administration to tighten immigration controls and limit legal pathways for resettlement. Last year, the administration set a record low cap on refugee admissions, further complicating the situation for those seeking safety in the U.S.

In a significant shift, U.S. Citizenship and Immigration Services (USCIS) announced it would re-evaluate the status of refugees admitted under the current administration, reopening cases that could jeopardize their legal status. "This policy is a transparent effort to detain and potentially deport thousands of people who are legally present in this country," stated Beth Oppenheim, CEO of HIAS, a prominent resettlement organization. "They were promised safety and the chance to rebuild their lives. Instead, DHS is now threatening them with arrest and indefinite detention."

The memo was part of documents submitted in a federal court case concerning refugees arrested in Minnesota. It instructs USCIS and ICE officials to "detain and inspect" refugees who do not voluntarily return for examination at the one-year mark. This new directive rescinds previous guidance that did not consider failure to apply for a green card as grounds for deportation.

Under this policy, refugees may find themselves in immigration detention while their green card applications are pending. Agency leaders argue that this measure is necessary to combat immigration fraud and assess national security risks. "This detain-and-inspect requirement ensures that refugees are re-vetted after one year," the memo asserts, emphasizing public safety.

The announcement has sent ripples through an already strained refugee resettlement system. Over the past year, funding cuts from the previous administration have severely impacted organizations that assist refugees with green card and citizenship applications. Refugees must apply for permanent residency after one year in the U.S., but many face challenges due to a convoluted immigration system and processing backlogs at USCIS.

Estimates suggest that tens of thousands of refugees, particularly those who arrived during the current administration, could be affected by this new policy. Shawn VanDiver, president of AfghanEvac, criticized the memo as "a reckless reversal of long-standing policy" that undermines the commitment made to those lawfully admitted into the country.

Organizations working with refugees highlight various reasons for delays in adjusting status, including bureaucratic complexities. In fiscal year 2025, 38,000 refugees were resettled in the U.S., but the current administration has set an unprecedented low ceiling of 7,500 for refugee admissions this fiscal year, prioritizing specific demographics.

This memo was filed in federal court in Minnesota amid ongoing litigation regarding the revetting and detention of refugees without green cards. A federal judge recently ordered the release of detained refugees in Minnesota, citing that detentions had occurred "without warrants or cause" as legal proceedings continue.

The situation escalated when USCIS initiated an investigation into 5,600 refugees in Minnesota who had not yet received their green cards, leading to referrals to ICE for potential arrests.