DHS memo expands ICE's ability to detain refugees without green cards for vetting
FILE-Federal law enforcement agents are seen outside a private residence in St. Paul, Minnesota, on Sunday, Jan. 18, 2026. (Victor J. Blue/Bloomberg via Getty Images)
The Department of Homeland Security released a memo saying that Immigration and Customs Enforcement agents can arrest refugees who haven’t secured a green card and detain them for extra screening.
US Citizenship and Immigration Services Director Joseph Edlow and Acting US Immigration and Customs Enforcement Director Todd Lyons issued this latest memo.
What’s in the new DHS memo?
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The memo is based on a section of the Immigration and Nationality Act stating that refugees who do not apply for a green card after a year are required to return to DHS "custody."
According to the Washington Post, the memo also states that refugees who haven’t adjusted status are required to undergo a second round of "congressionally mandated" vetting to screen for public safety, fraud, and national security risks.
RELATED: Trump administration to review green card holders from 'countries of concern.' What we know
This new policy also cancels a 2010 memo outlining that failure to apply for status as a legal permanent resident within a year of living in the United States is not a basis for detaining refugees who entered the country legally.
RELATED: Trump administration to review green card holders from 'countries of concern.' What we know
According to Homeland Security data, there were over 200,000 refugees entering the U.S. during President Joe Biden’s term in office, with many waiting years to gain entrance into the country. Some of the individuals who entered the U.S. have green cards, but thousands of other refugees don’t have them and might be detained under the new guidance.
RELATED: Memo tells ICE officers to enter homes without judge's warrant
Since returning to the White House for a second term, President Donald Trump has mainly stopped the refugee green card admissions program, but made an exception for White South Africans, who Trump asserted faced race-based persecution in their home country. The Trump administration has also enforced a larger crackdown on illegal immigration.
The Source: Information for this story was provided by The Washington Post, Homeland Security data, and previous LIVENOW from FOX reporting. This story was reported from Washington, D.C.