Trump Administration Expands ICE Authority to Detain Refugees

New policy allows immigration officers to detain legal refugees awaiting green cards for re-vetting

Published on Feb. 25, 2026

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The Trump administration has given U.S. Immigration and Customs Enforcement (ICE) broader powers to detain legal refugees awaiting green cards in order to "re-vet" them, a shift from a previous policy that stated failure to obtain permanent resident status was not grounds for removal or detention.

Why it matters

This new directive represents a significant expansion of the Trump administration's hardline immigration agenda, which has already led to a 75% increase in the number of people in ICE detention since he took office. Refugee advocacy groups have criticized the move as a "reckless reversal of long-standing policy" that will "cause grave harm" to those who were lawfully admitted to the U.S. after fleeing violence and persecution.

The details

Under the new policy, refugees must return to government custody for "inspection and examination" one year after their admission into the U.S. The Department of Homeland Security stated this "detain-and-inspect requirement" will "ensure that refugees are re-vetted" and "aligns post-admission vetting with that applied to other applicants for admission." Previously, a 2010 memo had stated that failure to obtain permanent resident status was not grounds for removal or detention.

  • The new policy was outlined in a DHS memo dated February 18, 2026.
  • Refugees must apply for lawful permanent resident status one year after their arrival in the U.S.

The players

U.S. Department of Homeland Security

The federal agency that issued the new policy expanding ICE's authority to detain refugees.

President Donald Trump

The former U.S. president whose hardline immigration agenda, including a significant increase in ICE detentions, was a key campaign issue that helped him win the 2024 election.

Shawn VanDiver

The president of refugee advocacy group AfghanEvac, who called the new directive a "reckless reversal of long-standing policy" that "breaks faith" with refugees.

HIAS

Formerly known as the Hebrew Immigrant Aid Society, this refugee advocacy group said the new move "will cause grave harm to thousands of people who were welcomed to the United States after fleeing violence and persecution."

U.S. District Judge John Tunheim

A federal judge who temporarily blocked a recently announced Trump administration policy targeting lawful refugees in Minnesota awaiting green cards, ruling that federal agents likely violated multiple federal statutes.

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What they’re saying

“This detain-and-inspect requirement ensures that refugees are re-vetted after one year, aligns post-admission vetting with that applied to other applicants for admission, and promotes public safety.”

— U.S. Department of Homeland Security (usatoday.com)

“This directive is a reckless reversal of long-standing policy and breaks faith with people the United States lawfully admitted and promised protection.”

— Shawn VanDiver, President, AfghanEvac (usatoday.com)

“This move will cause grave harm to thousands of people who were welcomed to the United States after fleeing violence and persecution.”

— HIAS (usatoday.com)

What’s next

A U.S. judge in January temporarily blocked a recently announced Trump administration policy targeting the roughly 5,600 lawful refugees in Minnesota who are awaiting green cards. The judge ruled that federal agents likely violated multiple federal statutes by arresting some of these refugees to subject them to additional vetting.

The takeaway

This new policy represents a significant escalation of the Trump administration's hardline immigration agenda, which has already led to a dramatic increase in ICE detentions. Refugee advocates warn that it will cause serious harm to thousands of people who were lawfully admitted to the U.S. after fleeing violence and persecution, undermining long-standing protections for refugees.