Trump Policy Authorizes Arrests of Refugees Without Green Cards

The Department of Homeland Security has authorized immigration agents to arrest and detain refugees who have not yet obtained green cards, a sharp shift that could expose tens of thousands of legally admitted people to custody and new screening. The move, revealed in a February 18, 2026 memo, reverses long‑standing guidance and has already drawn court challenges and outcry from refugee advocates.

What Changed

The memo, signed by leadership at U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement, says refugees must return to DHS “custody” for “inspection and examination” one year after admission if they have not adjusted to permanent residency. Officials say the shift is meant to ensure security and integrity in the program through additional vetting. The document indicates agents may hold refugees for the duration of that process, without specifying a time limit. This departs from a 2010 policy that said failure to apply for a green card after a year was not a basis for detention.

Key Context

More than 200,000 refugees entered the United States during the Biden administration, and advocates estimate roughly half have yet to obtain green cards and could be affected. Operation PARRIS, a related enforcement push, targeted about 5,600 refugees in Minnesota, where dozens were arrested and some transferred to detention facilities in Texas before a court intervened. Refugees are permitted to apply for permanent residence after one year of physical presence, and many face language, paperwork, or processing hurdles that can delay filings.

Legal Pushback

On January 28, 2026, U.S. District Judge John Tunheim issued a temporary restraining order blocking arrests of Minnesota refugees under Operation PARRIS, calling the government’s interpretation that non‑adjustment mandates detention “nonsensical” because refugees cannot apply until they have been in the country a full year. He kept the order in place on February 9, and a further hearing was scheduled for February 19. The order requires the release of people detained under the Minnesota operation while the case proceeds, though it applies only within the state.

The Bigger Picture

Refugee resettlement organizations warn the new policy reframes refugee status as conditional, undermining decades of U.S. practice and risking prolonged detention for people already vetted extensively before arrival. The administration argues Congress requires a post‑admission inspection and that re‑screening promotes public safety. How courts interpret the memo—and whether the policy expands beyond Minnesota—will determine its national reach in the coming weeks.

Sources

• Refugees Without Green Cards Could Be Arrested Under New Trump Policy — The New York Times (February 19, 2026)
• New Trump administration order could lead to the detention of thousands of legal refugees — Associated Press (February 19, 2026)
• New DHS memo outlines plan to detain refugees for further vetting — Washington Post (February 18, 2026)