Washington, United States. The United States has reversed a long-standing policy that protected legal refugees from detention while awaiting permanent residency, authorising immigration officers to hold individuals for re-vetting under a Department of Homeland Security memo dated 18 February.
DHS memo outlines detain-and-inspect requirement
The memo, submitted in a federal court filing, states that refugees must return to government custody for “inspection and examination” one year after their admission into the United States, when they are required under U.S. law to apply for lawful permanent resident status.
“This detain-and-inspect requirement ensures that refugees are re-vetted after one year, aligns post-admission vetting with that applied to other applicants for admission, and promotes public safety,” the department said.
Departure from 2010 guidance
The directive marks a significant departure from a 2010 memorandum, which held that a refugee’s failure to obtain permanent resident status was neither a basis for removal nor a proper basis for detention.
Advocacy groups condemn the move
Refugee advocacy groups criticised the change. AfghanEvac president Shawn VanDiver called it “a reckless reversal of long-standing policy” that “breaks faith with people the United States lawfully admitted and promised protection.”
HIAS, formerly known as the Hebrew Immigrant Aid Society, said the move would cause “grave harm to thousands of people who were welcomed to the United States after fleeing violence and persecution.”
Policy linked to broader immigration crackdown
The policy is part of President Donald Trump’s broader immigration crackdown, under which the number of people held in Immigration and Customs Enforcement detention has risen about 75% since he took office, reaching approximately 68,000 this month.
Legal challenge and court ruling
A U.S. judge in January temporarily blocked a similar Trump administration policy affecting about 5,600 lawful refugees in Minnesota awaiting green cards. U.S. District Judge John Tunheim in Minneapolis ruled that federal agents had likely violated multiple federal statutes by arresting some of those refugees for additional vetting.
DHS response
The DHS did not respond to Reuters for a request for comment.
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