Trump Administration Gives ICE Power to Detain Legal Refugees for Rescreening
If you came to America as a refugee, this news might scare you. The Department of Homeland Security (DHS) just released a memo that changes everything about how they treat refugees who don't have green cards yet.
Here's what happened. On February 19, 2026, DHS told Immigration and Customs Enforcement (ICE) that they can arrest refugees who are legally living in the US. These aren't people who entered illegally. They were approved as refugees and admitted to the United States legally.
The memo says ICE can detain these refugees and keep them in custody while they do aggressive "rescreening." This means interviewing them again about their refugee claims, even though they already went through the refugee process before coming to America.
Who Does This New Policy Affect?
This policy targets refugees who haven't applied for their green card (permanent residence) within one year of arriving in the US. When you come as a refugee, you're supposed to apply for a green card after being here for one year. But many refugees don't know this, or they can't afford the application fee, or they're still getting settled.
Right now, there are thousands of refugees in this situation. In Minnesota alone, ICE already identified about 5,600 refugees who don't have green cards yet. They called this effort "Operation Parris" (which stands for post-admission refugee reverification and integrity strengthening).
The memo says that when a refugee gets admitted to the United States, that admission is "conditional." DHS claims they must review each refugee case after one year. If you haven't gotten your green card, they can arrest you and keep you detained "for the duration of the inspection and examination process." There's no time limit mentioned. That means indefinitely.
What Changed From Before?
This is a huge reversal of previous policy. Back in 2010, during the Obama administration, DHS issued guidance that said something important: just because a refugee didn't apply for a green card within one year doesn't give ICE enough reason to arrest and detain them.
That 2010 policy recognized that refugees are legally here. They have permission to live and work in America. The failure to apply for a green card on time was treated as a paperwork issue, not a reason to lock someone up.
The new Trump administration memo throws that guidance out the window. Now DHS says the old guidance was "incomplete" and that immigration officers should be arresting refugees who haven't gotten green cards yet.
What's Happening in Minnesota Right Now?
Minnesota became ground zero for this policy even before the memo came out. ICE started arresting dozens of refugees there in January 2026 as part of Operation Parris. They detained over 100 refugees who were living legally in Minnesota.
Refugee advocacy groups sued the government. On January 31, a federal judge named John Tunheim blocked ICE from making more arrests. He ordered the government to release at least 100 detained refugees. Judge Tunheim wrote something powerful in his order: "Refugees have a legal right to be in the United States, a right to work, a right to live peacefully."
But the new DHS memo seems to directly contradict what Judge Tunheim said. The government is essentially saying: we have the authority to do this, and we're going to keep doing it. Judge Tunheim scheduled another hearing for February 20, 2026 to hear more arguments in the case.
Meanwhile, the situation in Minneapolis got even worse. In January, two US citizens named Renee Good and Alex Pretti were killed by federal agents during protests against immigration enforcement. These tragic deaths happened as people rallied against ICE arrests in their community.
Why Is the Trump Administration Doing This?
This refugee detention policy is part of a much bigger immigration crackdown. The Trump administration has been ramping up arrests and deportations since taking office.
Just last week, reports came out that US Citizenship and Immigration Services (USCIS) plans to spend $38.3 billion to buy and convert warehouses across the country into detention centers. They want space to hold tens of thousands of people.
The government says they need to do more "background checks" and "intensive verification" of refugee claims. But critics point out that refugees already go through the most rigorous screening process of any immigrant group. It takes years to get approved as a refugee. You're interviewed multiple times. Your background is checked by multiple federal agencies. Your story is verified over and over.
Refugee advocates say this is really about creating fear in immigrant communities and finding ways to deport people who are here legally. World Relief, a Christian organization that helps refugees, called the policy "an unprecedented reversal of decades-long interpretation of refugee law."
Myal Greene, the president of World Relief, said: "The character of a nation is revealed in how it honors its commitments and how it treats the most vulnerable. Today, we have failed on both counts."
What Should You Do Now?
If you're a refugee who doesn't have a green card yet, here are the steps you should take right away:
1. Apply for your green card as soon as possible. If you've been in the US for more than one year as a refugee, you're eligible to apply for permanent residence. Don't wait. The application form is called I-485. You can find it on the USCIS website. If you can't afford the filing fee (it's expensive), ask a legal aid organization about fee waivers or help with the cost.
2. Get legal help immediately. Find an immigration lawyer or a nonprofit legal services organization in your area. Many groups offer free or low-cost help to refugees. They can review your case, help you apply for a green card, and prepare you in case ICE contacts you. Organizations like the International Rescue Committee, Lutheran Immigration and Refugee Service, and local legal aid societies often help refugees.
3. Know your rights. If ICE comes to your home, you don't have to open the door unless they have a warrant signed by a judge. Ask them to slide the warrant under the door so you can see it. You have the right to remain silent. You have the right to a lawyer. Don't sign anything without talking to a lawyer first. Keep the phone number of an immigration lawyer with you at all times.
4. Make a safety plan. Talk to your family about what to do if you're arrested. Who will take care of your kids? Who should they call? Write down important phone numbers and keep copies of important documents (refugee approval letter, work permit, any immigration papers) in a safe place where family members can find them.
5. Stay informed. The situation is changing fast. Follow trusted news sources and immigrant rights organizations for updates. Connect with refugee community groups in your area. There's strength in community, and you're not alone.
Frequently Asked Questions
Can ICE really arrest me if I'm a legal refugee?
Yes, according to the new DHS memo. If you came to the US as a refugee but haven't gotten your green card yet, ICE now has the authority to arrest and detain you for rescreening. This is a new interpretation of the law that reverses previous policy. However, refugee advocates are fighting this in court, and some judges have blocked these arrests in certain areas.
What happens during refugee rescreening?
During rescreening, DHS will interview you again about your refugee claim while you're in detention. They'll do new background checks and ask you to verify the reasons you fled your home country. The government says this is to make sure you still qualify as a refugee. But you'll be held in custody during this process, which could take weeks or months with no set time limit.
I've been in the US as a refugee for 3 years but never applied for a green card. Am I at risk?
Yes, you could be at risk under this new policy. Refugees are supposed to apply for permanent residence (green card) after one year in the US. If you haven't done this yet, you should apply immediately. Contact an immigration lawyer or refugee resettlement agency right away to help you file the application. Don't wait.
Does this policy apply to all refugees across the United States?
The DHS memo applies nationwide to all refugees who haven't obtained green cards yet. While ICE has been most active in Minnesota so far (with Operation Parris), they could potentially expand arrests to other states. Any refugee without permanent residence could be targeted under this policy.
What if I can't afford to apply for a green card?
The green card application fee is expensive (currently over $1,000 for most people), but you have options. You can request a fee waiver if you have low income or receive public benefits. Many refugee resettlement agencies and legal aid organizations can help you apply for a waiver or find funding to cover the cost. Don't let the cost stop you from applying right now.
