DHS Directs ICE to Arrest Refugees Without Green Cards

New policy shift targets refugees who entered the country legally but failed to obtain permanent residency within one year.

Published on Feb. 26, 2026

Got story updates? Submit your updates here. ›

The Department of Homeland Security has issued a directive instructing Immigration and Customs Enforcement (ICE) agents to arrest and detain refugees who do not have green cards, even if they entered the country legally. This policy change rescinds previous guidance that did not warrant detention for refugees who failed to apply for permanent residency within one year.

Why it matters

The new DHS policy places some refugees in a bureaucratic bind, as those from countries on President Trump's travel ban list are unable to receive approval for their permanent residency. This could lead to the detention and potential deportation of thousands of refugees, many of whom have established lives and communities in the U.S.

The details

The DHS memo outlines a 'detain-and-inspect' requirement that forces refugees to be re-vetted after one year in the U.S., aligning the process with that of other applicants for admission. Failure to obtain a green card within the first year will now result in detention, a major shift from 2010 ICE guidance that did not warrant detention in such cases. The policy change is part of the Trump administration's broader efforts to target refugee and immigrant communities.

  • On Dec. 18, the Trump administration rescinded the 2010 ICE guidance that did not require detention for refugees who failed to apply for permanent residency within one year.
  • On Jan. 28, a federal judge temporarily blocked the detention of 5,600 refugees in Minnesota and ordered their immediate release.

The players

Todd Lyons

Acting Director of Immigration and Customs Enforcement (ICE).

Joseph Edlow

Director of U.S. Citizenship and Immigration Services (USCIS).

John Tunheim

U.S. District Judge who temporarily blocked the detention of refugees in Minnesota and ordered their release.

Krish O'Mara Vignarajah

President and CEO of the refugee resettlement group Global Refuge.

Laurie Ball Cooper

Vice President of U.S. Legal Programs at the International Refugee Assistance Project.

Got photos? Submit your photos here. ›

What they’re saying

“Detaining refugees for failing to complete a process the government itself has delayed is indefensible.”

— Krish O'Mara Vignarajah, President and CEO of Global Refuge (timesofsandiego.com)

“This memo is part of a broad and concerted effort to strip refugees of their legal status and render them deportable. This government will clearly stop at nothing to terrorize refugee communities, and really all immigrants, while trampling over our constitutional rights.”

— Laurie Ball Cooper, Vice President of U.S. Legal Programs, International Refugee Assistance Project (timesofsandiego.com)

What’s next

U.S. District Judge John Tunheim is set to hear arguments on Thursday afternoon for extending the block on the detention of refugees in Minnesota for the duration of the ongoing litigation.

The takeaway

The DHS policy shift represents a significant escalation in the Trump administration's efforts to target refugee and immigrant communities, raising concerns about due process and the government's treatment of those who have legally entered the country. The case highlights the ongoing legal battles over immigration enforcement and the rights of vulnerable populations.