Trump Administration Expands ICE's Authority to Detain Legal Refugees

DHS broadens ability to detain refugees without green cards, citing national security concerns.

Feb. 24, 2026 at 3:47pm

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The Department of Homeland Security is expanding federal immigration authorities' power to detain legal refugees who have not yet obtained green cards, citing national security concerns and the need for additional screening. Under the new policy, refugees who fail to adjust to lawful permanent resident status within one year of being admitted to the U.S. may be 'arrested and detained' for further inspection and examination.

Why it matters

This policy change represents a significant expansion of ICE's authority and could lead to the detention and potential deportation of thousands of legally present refugees. Refugee resettlement groups have decried the move as a 'transparent effort' to target this population, arguing it was done in secret without coordination with organizations that serve refugees.

The details

The new DHS memo rescinds previous government policy that did not allow detention or removal of refugees solely for failing to obtain a green card within one year of admission. Now, refugees may be considered to have 'voluntarily returned to custody' by submitting application paperwork and appearing at appointments. The memo cites 'public safety and national security risks' from a 'population of conditional refugees who had not been fully re-screened'.

  • The DHS memo was issued on February 19, 2026.
  • A federal judge in Minnesota has temporarily blocked the Trump administration from targeting an estimated 5,600 lawful refugees in the state who are awaiting green cards. A hearing in that case is scheduled for February 20, 2026.

The players

Joseph Edlow

US Citizenship and Immigration Services Director, who co-issued the DHS memo.

Todd Lyons

Acting US Immigration and Customs Enforcement Director, who co-issued the DHS memo.

Beth Oppenheim

CEO of refugee agency HIAS, who decried the new policy as a 'transparent effort to detain and potentially deport thousands of people who are legally present in this country'.

International Refugee Assistance Project

One of the plaintiffs in the federal Minnesota case challenging the new refugee policy.

Donald Trump

The President who has largely halted refugee admissions during his second term, with the narrow exception of White South Africans.

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What they’re saying

“This memo was done in secret, with zero coordination with the organizations that serve refugees. This policy is a transparent effort to detain and potentially deport thousands of people who are legally present in this country, people the US government itself welcomed after years of extreme vetting.”

— Beth Oppenheim, CEO of refugee agency HIAS

What’s next

A federal judge in Minnesota has temporarily blocked the Trump administration from targeting an estimated 5,600 lawful refugees in the state who are awaiting green cards. A hearing in that case is scheduled for Thursday afternoon.

The takeaway

This policy change represents a significant expansion of ICE's authority and could lead to the detention and potential deportation of thousands of legally present refugees, raising concerns about the administration's treatment of vulnerable populations and the transparency of its decision-making process.