A new Homeland Security memo authorizes immigration officers to detain refugees for re-inspection one year after arrival, marking a shift from prior policy.
By yourNEWS Media Newsroom
The Trump administration has expanded the authority of immigration officers to detain legal refugees awaiting lawful permanent resident status, requiring them to return to government custody for renewed screening one year after entering the United States.
The policy change was outlined in a Feb. 18 memo from the U.S. Department of Homeland Security that was submitted as part of a federal court filing. According to the memo, refugees must undergo “inspection and examination” after one year in the country to ensure they are “re-vetted.”
“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,” the department stated.
Under U.S. law, refugees are required to apply for lawful permanent resident status, commonly referred to as a green card, one year after their arrival. The new directive authorizes Immigration and Customs Enforcement officers to detain refugees during the re-inspection process.
The move represents a departure from a 2010 memorandum, which stated that failure to obtain lawful permanent resident status was not a “basis” for removal and was not a “proper basis” for detention.
The Department of Homeland Security did not immediately respond to a request for comment outside regular business hours.
Refugee advocacy groups criticized the policy change. Shawn VanDiver, president of AfghanEvac, described the directive as “a reckless reversal of long-standing policy” and said it “breaks faith with people the United States lawfully admitted and promised protection.”
HIAS, formerly known as the Hebrew Immigrant Aid Society, said the policy “will cause grave harm to thousands of people who were welcomed to the United States after fleeing violence and persecution.”
Under President Donald Trump, the number of individuals held in ICE detention has increased significantly. ICE custody levels reached approximately 68,000 detainees this month, an increase of about 75% from when Trump took office last year.
The expanded detention authority has also drawn scrutiny in federal court. In January, U.S. District Judge John Tunheim in Minneapolis temporarily blocked a separate Trump administration policy targeting roughly 5,600 lawful refugees in Minnesota who are awaiting green cards.
In his written ruling, Tunheim said federal agents likely violated multiple federal statutes by arresting some of the refugees to subject them to additional vetting.
The new Homeland Security memo signals continued adjustments to immigration enforcement procedures as the administration intensifies scrutiny of both legal and illegal immigration pathways.
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