Immigration and Customs Enforcement (ICE) powers of detainment expanded to legal refugees per a government memo. The move specifically applies to legal refugees awaiting green cards. The government explained ICE agents need to have these individuals re-vetted before they’re granted permanent resident status.

Background

Under U.S. law, refugees must apply for permanent residency within one year of their arrival. This has been the standard since 2010. Under this policy, failure in obtaining permanent resident status wasn’t a valid basis for detainment or removal.

Policy Changes

As of February 2026, there are at least sixty-eight thousand people who reside in ICE detainment. These numbers show a seventy-five percent increase from the previous year. The government has increasingly terminated parole programs that give detainment and removal protection to thousands of people.

According to the DHS memo, legal refugees must return to government custody for the duration of reexamination. A previous move by the government targeted five thousand six hundred lawful refugees living in Minnesota awaiting green cards. A federal judge temporarily blocked the government from blocking the change in January 2026. The judge stated the policy violated multiple federal statutes.

It’s uncertain how many individuals are affected by the new policy. Individuals that residing in the U.S. as refugees should prepare for re-vetting if their one year is approaching. Otherwise, they should seek an alternative source of legal status before the one year deadline.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.