WASHINGTON – Federal immigration authorities now have enhanced powers to detain legal refugees while they undergo additional background screening, according to a new government directive that marks a significant policy shift.
The Department of Homeland Security issued a memorandum on February 18 requiring refugees to report back to government custody for “inspection and examination” one year after entering the United States. This coincides with when refugees are required by law to apply for permanent resident status.
“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,” department officials stated in the memo, which was filed in federal court.
The directive represents a complete reversal from 2010 guidance that specified failing to obtain permanent resident status was not grounds for detention or removal from the country. Immigration officers can now hold individuals throughout the entire re-inspection period.
The Department of Homeland Security has not responded to requests for additional information about the policy change.
Refugee assistance organizations have strongly condemned the new approach.
Shawn VanDiver, who leads AfghanEvac, described the policy as “a reckless reversal of long-standing policy” that “breaks faith with people the United States lawfully admitted and promised protection.”
HIAS, previously called the Hebrew Immigrant Aid Society, warned the “move will cause grave harm to thousands of people who were welcomed to the United States after fleeing violence and persecution.”
Immigration detention numbers have surged under President Trump’s leadership, reaching approximately 68,000 people this month – a 75% increase since he returned to office last year.
Immigration enforcement served as a central campaign theme that contributed to Trump’s 2024 electoral victory.
Federal courts have already intervened in some cases. In January, U.S. District Judge John Tunheim in Minneapolis issued a temporary restraining order blocking enforcement of the policy against roughly 5,600 legal refugees in Minnesota who are waiting for green cards.
Judge Tunheim determined that federal agents likely broke multiple federal laws when they arrested some of these refugees for additional screening purposes.
