The United States has reversed a long-standing policy protecting legal refugees from detention while they await permanent residency. Under a Department of Homeland Security (DHS) memo dated 18 February, immigration officers may now hold refugees for re-vetting one year after their admission.
Re-vetting and detention measures
The DHS memo, filed in federal court, directs that refugees must return to government custody for “inspection and examination” at the one-year mark, when they are legally required to apply for lawful permanent residency. The department said the measure ensures post-admission vetting matches that applied to other applicants and promotes public safety.
Departure from previous policy
This directive marks a sharp break from a 2010 memorandum, which stated that a refugee’s failure to obtain permanent residency did not justify removal or detention. The new policy is part of the broader Trump administration immigration crackdown, which has increased ICE detention numbers by roughly 75%, reaching around 68,000 this month.
Advocacy groups condemn move
Refugee advocacy groups criticised the policy. AfghanEvac president Shawn VanDiver called it “a reckless reversal of long-standing policy” that breaks faith with refugees lawfully admitted. HIAS warned the policy would cause “grave harm to thousands of people who were welcomed to the United States after fleeing violence and persecution.”
Legal challenges
The policy has faced immediate legal challenges. In January, U.S. District Judge John Tunheim in Minneapolis temporarily blocked a similar policy affecting roughly 5,600 lawful refugees in Minnesota awaiting green cards. The judge ruled that federal agents had likely violated multiple federal statutes by detaining refugees for additional vetting.
The DHS did not respond to Reuters for comment.
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