The new policy is a change from an earlier memo that said failure to obtain lawful permanent residence is not “grounds” for deportation or detention.
Congress presses immigration officials for answers on tactics
Congressional representatives asked immigration officials for answers on policies and tactics.
WASHINGTON – The Trump administration is giving immigration officials broader powers to detain legal refugees awaiting green cards to ensure their “review,” according to a government memo, an apparent expansion of the president’s broad crackdown on legal and illegal immigration.
The U.S. Department of Homeland Security said in a Feb. 18 memo filed in federal court that refugees must be returned to government custody for “screening and testing” one year after entering the United States.
“This detention and testing requirement ensures that refugees are retested after one year, aligns post-admission testing with testing applied to other admissions applicants, and promotes public safety,” the department said in a memo.
Under U.S. law, refugees must apply for legal permanent residence one year after entering the country. The new memorandum gives immigration authorities the power to detain individuals during the re-examination process.
The new policy is a change from a 2010 memorandum that said failure to obtain lawful permanent residence is not “grounds” for deportation, nor is it “an appropriate basis” for detention.
DHS did not respond to a request for comment from Reuters outside of normal business hours.
Supporters criticize new approach
The decision drew criticism from refugee advocacy groups.
Afghan Evac President Sean Vandiver called the directive a “reckless reversal of long-standing policy” and said it “shatters trust in the people the United States legally recognizes and is sworn to protect.”
HIAS, formerly known as the Hebrew Immigrant Assistance Association, said in a statement that “this action will cause significant harm to the thousands of people who are welcomed into the United States fleeing violence and persecution.”
Under President Donald Trump, the number of ICE detainees reached about 68,000 in February, an increase of about 75% from when he took office last year.
Trump’s hard-line immigration policies were a powerful campaign war point that helped him win the 2024 election.
In January, a U.S. judge temporarily blocked a recently announced Trump administration policy targeting about 5,600 legal refugees waiting for green cards in Minnesota.
U.S. District Judge John Tanheim in Minneapolis said in a written ruling that federal agents likely violated multiple federal laws by arresting some of these refugees for additional testing.
Ted Hesson reports in Washington, Devika Nair and Shubham Kalia in Bengaluru, and Christina Cook in San Francisco. Edited by Lincoln Feast.
