The U.S. federal government under President Donald Trump has issued a major new immigration policy that could affect tens of thousands of refugees who are legally living in the United States but have not yet received permanent residency. This policy change comes from the Department of Homeland Security (DHS) and was submitted as a legal memo in a federal court case in Minnesota.
Under long-standing U.S. immigration law, refugees who arrive in the United States are expected to apply for a green card — a document allowing them to live and work permanently in the country — after they have been in the country for one year. But the new memo says that when a refugee reaches that one-year mark, they must return to federal immigration custody for a detailed examination of their green-card application, and authorities may keep them in detention while that review is happening. This means that many refugees could be arrested and held, not because they have committed crimes, but simply because they are in the process of applying for permanent residency.
This represents a big shift from past policy. Before, the government generally allowed refugees to remain free as they waited for their green card to be processed, and failure to adjust status within one year was not a reason to detain someone. The new approach dismantles that safeguard and opens the door for large-scale detention based on immigration status rather than criminal behavior.
The policy was introduced just ahead of a court hearing in Minnesota where a federal judge was deciding whether to extend a temporary order protecting refugees there from being arrested and deported. That judge, John Tunheim, had already issued a temporary restraining order blocking the government from arresting refugees in Minnesota while the case moves forward. His decision was based on the concern that the government’s plan might be unlawful and could harm people who have already passed extensive refugee screening.
Tunheim pointed out that refugees admitted to the United States go through multiple layers of vetting by different government agencies — background checks that include security and criminal history checks — before approval. So, the idea of detaining them again simply because they haven’t yet received a green card doesn’t match the original reasons they were allowed into the country. He also noted that refugees can’t even apply for their green card until they’ve been in the U.S. for a year, making the government’s interpretation unreasonable. If immigration agents waited exactly one year and no day more, then nearly every refugee could face detention just to undergo that review.
Refugee rights groups and nonprofit organizations have sharply criticized the policy. For example, HIAS — an international Jewish organization that supports refugees — called it a clear effort to detain and potentially deport people who are legally present and were welcomed by the U.S. government. The group said refugees were promised safety and stability, not the threat of arrest and indefinite detention.
Lawyers representing refugees have also filed lawsuits against the federal government, arguing that the policy violates established law and subjects vulnerable people to unfair treatment. In Minnesota, a class-action suit claims that Operation PARRIS (which stands for Post-Admission Refugee Reverification and Integrity Strengthening) went beyond legal limits by arresting refugees door-to-door and sending some to detention centers far away, sometimes without access to attorneys. Some detained refugees were eventually released in other states without clear instructions or support.
While DHS defends its memo by saying it’s necessary to ensure proper vetting and national security, legal experts and advocates worry that it could unsettle many families and communities who thought they were safe after legally entering the U.S. The situation is still evolving, with courts analyzing whether the government overstepped legal boundaries and whether refugees should continue to be protected while their cases are litigated.
