DHS Expands Detention Power for Refugees Awaiting Green Cards
A memo dated February 18, 2026, from US Citizenship and Immigration Services Director Joseph Edlow and Acting US Immigration and Customs Enforcement Director Todd Lyons signals an expansion of ICE’s ability to detain refugees who have not yet adjusted to lawful permanent resident status (ie. obtained a Green Card) after a year.
The directive was submitted by government lawyers in a federal court filing on Wednesday.
Under prior policy, failure to obtain a green card after one year was not grounds for detention or removal. Refugees in this situation were typically released within 48 hours if arrested, or DHS had to initiate full removal proceedings. The new guidance rescinds that approach.
Immigration officers can now arrest and detain refugees who have “failed to adjust” status after one year. They must be placed in custody for “inspection and examination” (a mandatory re-vetting process) to screen for fraud, criminal history, national security threats, or public safety risks.
“When a refugee is admitted to the United States, the admission is conditional and subject to a mandatory review after one year,” the memo reads, noting refugees who are detained may remain in custody “for the duration of the inspection and examination process.”
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“Refugees may be considered to have voluntarily returned to custody” by submitting application paperwork and appearing at scheduled appointments with immigration services, according to the new memo.
DHS responded to CNN’s headline framing the issues as an attack on ‘legal refugees’ by noting, “We are following the law. Read 8 USC 1159.”
“The Trump Administration is complying with the law as written.”
We are following the law. Read 8 USC 1159.
The Trump Administration is complying with the law as written. https://t.co/V4SnZcZi9z
— Homeland Security (@DHSgov) February 19, 2026
Refugees are encouraged to “voluntarily return to DHS custody” by filing their adjustment application (Form I-485) and attending required interviews/appointments.
If they do not comply, authorities will locate, arrest, and detain them for the duration of the review. Those who pass may proceed to green card approval; failures could lead to loss of status or deportation.
This applies to refugees (admitted under the U.S. Refugee Admissions Program), not asylees (who gain status after arriving and applying).
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