The Trump administration has directed U.S. Immigration and Customs Enforcement to detain certain refugees who entered the United States legally but have not obtained permanent residency within one year, marking a significant shift in how the federal government treats individuals already granted humanitarian protection.
A Department of Homeland Security memo dated 18 February and obtained by CBS News instructs immigration officers to treat the one-year anniversary of a refugee's admission as a trigger for renewed scrutiny. The order was signed by acting ICE Director Todd Lyons and U.S. Citizenship and Immigration Services Director Joseph Edlow.
Under current law, refugees are admitted after demonstrating persecution based on race, religion, nationality, political opinion or membership in a particular social group. They are eligible to apply for lawful permanent resident status-commonly known as a green card-after one year in the U.S. Historically, failure to adjust status within that timeframe did not automatically result in detention.
The new directive changes that posture. The memo states that refugees who have not adjusted to lawful permanent resident status after one year must report voluntarily for inspection or face enforcement action.
"[The Department of Homeland Security] must treat the one-year mark as a mandatory re-vetting point for all refugees who have not adjusted to [Lawful Permanent Resident] status, ensuring either that they are scheduled to 'return' to custody for inspection or, if they do not comply, that they be 'returned' to custody through enforcement action," the document says.
The guidance further authorizes ICE to "maintain custody" of affected individuals "for the duration of the inspection and examination process." According to officials cited in the memo, the purpose of the review is to determine whether refugees obtained status through fraud or pose a national security or public safety threat, including alleged ties to terrorism or serious criminal activity.
A USCIS spokesperson said the administration was "implementing law as written by Congress." The spokesperson added, "The alternative would be to allow fugitive aliens to run rampant through our country with zero oversight. We refuse to let that happen."
The policy reverses longstanding ICE practice. Previously, if ICE detained a refugee, the agency was generally required within 48 hours to either release the individual or initiate deportation proceedings based on specific legal grounds.
The directive comes amid a broader reexamination of immigration cases initiated during the Biden administration. In November, officials instructed agencies to review cases of refugees admitted under former President Joe Biden, including possible re-interviews to confirm continued eligibility.
Additional enforcement measures have followed high-profile incidents. After a Thanksgiving week shooting in Washington, D.C., in which two National Guard members were shot and an Afghan national was alleged to be responsible, USCIS paused certain legal immigration applications from dozens of countries designated as "high risk."
Operation PARRIS, launched late last year, targeted thousands of refugee cases in Minnesota. The initiative coincided with the deployment of federal immigration agents to the Minneapolis area. Attorneys reported instances of refugees being detained and flown to Texas for questioning, before a federal judge limited aspects of the operation.
Refugee advocates argue that the new detention directive targets individuals who underwent extensive vetting prior to admission. "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," said Beth Oppenheim, chief executive of HIAS, a humanitarian organization challenging the initiative.
