The Trump administration has expanded the authority of U.S. Immigration and Customs Enforcement (ICE) to detain refugees who are awaiting adjustment to permanent resident status (green cards), intensifying its immigration enforcement efforts and drawing sharp criticism from refugee advocacy groups.
According to a new memo from the Department of Homeland Security, refugees must return to government custody for “inspection and examination” one year after their initial admission into the United States. This step is intended to re-vet individuals before granting lawful permanent residency.
Under existing U.S. law, refugees are required to apply for permanent resident status after one year of presence in the country.
The policy reverses a 2010 directive that generally discouraged detention solely for failure to obtain permanent residency in a timely manner. ICE can now detain individuals during this re-inspection process.
Advocacy organizations have strongly condemned the change:
– AfghanEvac president Shawn VanDiver described it as “a reckless reversal of long-standing policy.”
– HIAS warned that the move could cause “grave harm” to thousands of refugees already in legal limbo.
The policy shift comes amid a significant rise in ICE detention numbers, which have reached approximately 68,000 under President Trump—about 75% higher than when he took office.
A recent federal court ruling temporarily blocked a similar policy targeting around 5,600 lawful refugees in Minnesota, with judges expressing concern that widespread arrests for re-vetting could violate multiple federal statutes.
The new directive has sparked intense legal and humanitarian debate, with critics arguing it undermines long-established protections for refugees who have already passed initial security screenings, while supporters maintain it is necessary to ensure thorough vetting and compliance with immigration law.
The change is part of the administration’s broader immigration crackdown, which has included expanded enforcement actions and stricter compliance requirements across various categories of legal entrants.
