DHS Directs ICE to Arrest Refugees Without Green Cards

New policy targets refugees who don't obtain permanent residency within a year of arrival

Published on Feb. 26, 2026

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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 shift rescinds previous guidance that allowed refugees to remain in the U.S. for a year before applying for permanent residency without fear of detention.

Why it matters

This new policy change could lead to the detention of thousands of refugees, including many from countries targeted by the Trump administration's travel ban. Refugee advocates argue that detaining refugees for failing to complete a process delayed by the government itself is unjust and unconstitutional.

The details

The DHS memo states that the new 'detain-and-inspect' requirement ensures refugees are re-vetted after one year and aligns post-admission vetting with that applied to other applicants for admission. However, refugees from countries on the travel ban list, such as Somalia, are unable to receive approval for their permanent residency, putting them at risk of detention. The policy change was submitted to a federal judge overseeing a lawsuit against the Trump administration's 'Operation PARRIS' targeting 5,600 refugees in Minnesota.

  • On Dec. 18, the Trump administration rescinded 2010 ICE guidance that did not warrant detention for refugees who failed to file for a green card within a year.
  • In December, USCIS announced a pause to all applications, including for green cards, for people from countries deemed high-risk.

The players

Department of Homeland Security

The federal agency that is directing ICE agents to arrest and detain refugees without green cards.

Immigration and Customs Enforcement (ICE)

The federal agency that will be carrying out the arrests of refugees under the new DHS directive.

U.S. Citizenship and Immigration Services (USCIS)

The federal agency that oversees the refugee application process and has paused green card applications for people from high-risk countries.

Judge John Tunheim

A U.S. District Judge who temporarily blocked the detention of Minnesota refugees and ordered their immediate release, calling the government's argument 'nonsensical'.

Krish O'Mara Vignarajah

The president and CEO of the refugee resettlement group Global Refuge, who said detaining refugees for failing to complete a process the government has delayed is 'indefensible'.

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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 (NOTUS)

“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 (NOTUS)

“This is not novel or discretionary; it is a clear requirement in law. The alternative would be to allow fugitive aliens to run rampant through our country with zero oversight. We refuse to let that happen.”

— USCIS Spokesperson (NOTUS)

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 litigation.

The takeaway

This policy change represents a continued effort by the Trump administration to restrict immigration and target refugee communities, even those who have entered the country legally. It raises concerns about the government's treatment of vulnerable populations and the erosion of constitutional rights.