New DHS Memo Puts Legal Refugees at Risk of Arrest

Rights advocates decry policy as a 'stunning betrayal' of US legal commitments and moral values.

Published on Feb. 25, 2026

Got story updates? Submit your updates here. ›

A new Department of Homeland Security memo outlines a policy that could allow federal agents to arrest and detain legal refugees in the United States, even those who have already undergone extensive vetting and are on a path to citizenship. Rights groups have condemned the move as a betrayal of American values and legal obligations toward refugees.

Why it matters

This policy represents a significant shift in how the US government treats refugees, who are typically granted legal status and a path to citizenship after rigorous screening. Advocates argue the new memo weaponizes a routine administrative process to target and potentially deport vulnerable populations, undermining the country's longstanding commitment to refugee protection.

The details

The DHS memo states that after being in the country for a year, refugees 'must return, or be returned' to DHS custody 'for inspection and examination for admission' as a green-card holder. If a refugee does not voluntarily return, DHS says it 'will return the individual to custody (i.e., arrest and detain)' for this process, which could involve an indefinite detention period. The administration claims this policy is required by the Refugee Act of 1980, though experts say it overturns decades-old interpretations of the law.

  • The DHS memo was submitted to a federal judge in Minnesota on February 19, 2026, ahead of a hearing on DHS arrests of refugees in the state.
  • The Trump administration recently sent thousands of immigration agents to Minnesota, who were accused of various acts of violence, including fatally shooting citizens Renee Good and Alex Pretti.

The players

Joseph Edlow

US Citizenship and Immigration Services Director, co-author of the DHS memo.

Todd Lyons

ICE acting Director, co-author of the DHS memo.

Krish O'Mara Vignarajah

President and CEO of Global Refuge, a refugee advocacy organization.

Laurie Ball Cooper

Vice president of US legal programs at the International Refugee Assistance Project, which is representing refugees in the Minnesota case.

Beth Oppenheim

CEO of HIAS, the world's oldest refugee agency.

Got photos? Submit your photos here. ›

What they’re saying

“These are families the United States government already screened more rigorously than any other category of immigrant. Only after years of background checks, biometric screenings, and in-person interviews were they invited to rebuild their lives here. To now subject them to arrest and open-ended detention is a stunning betrayal of both our legal commitments and our moral compass.”

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

“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 US legal programs at the International Refugee Assistance Project (commondreams.org)

“I have never seen anything like this in my 25 years of refugee protection work. This memo was done in secret, with zero coordination with the organizations that serve refugees. It is a betrayal of our values and our legal commitments, and it will cause extraordinary harm.”

— Beth Oppenheim, CEO of HIAS (commondreams.org)

What’s next

The judge in the Minnesota case will decide on Thursday whether to grant a preliminary injunction to block the DHS policy from being implemented.

The takeaway

This new DHS memo represents a significant departure from longstanding refugee policies, putting thousands of legally present individuals at risk of arrest and detention. Refugee advocates argue it betrays America's moral and legal commitments, and could have devastating consequences for vulnerable populations who have already endured immense hardship.