DHS orders detention of legal refugees who lack green cards
DHS creates detention trigger for refugees whose green card process the government itself has frozen
The February 18, 2026 memo, jointly signed by USCIS Director Joseph Edlow and acting ICE Director Todd Lyons, establishes what it calls a 'detain-and-inspect' protocol for refugees who have lived in the U.S. for at least one year without adjusting to lawful permanent resident (green card) status. Previous guidance from 2010 did not treat the failure to apply for a green card as grounds for deportation.
Key Concepts
Essential concepts and terms to understand this topic
TPS (Temporary Protected Status)
A legal status protecting nationals from countries experiencing armed conflict, natural disasters, or severe instability..
IEEPA (International Emergency Economic Powers Act)
Federal law authorizing the president to freeze assets and restrict financial transactions during national emergencies involving foreign threats.
Immigration Sanctuary Cities
Jurisdictions that limit cooperation with federal immigration enforcement.
Immigration Process
Legal procedures for foreign nationals to enter and remain in the U.S.
Sanctuary City
Cities that limit local law enforcement cooperation with federal immigration agents to protect residents from ICE enforcement.
Key People
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Joseph Edlow
Director, U.S. Citizenship and Immigration Services (USCIS)
Edlow co-signed the February 18 memo establishing the detain-and-inspect protocol. He oversees USCIS, the agency responsible for processing green card applications — the same applications DHS separately froze for high-risk countries. A USCIS spokesperson under his direction said the policy is 'a clear requirement in law' and called the alternative 'allowing fugitive aliens to run rampant.'
Todd Lyons
Acting Director, Immigration and Customs Enforcement (ICE)
Lyons co-signed the February 18 memo and oversees the enforcement arm responsible for detaining and removing individuals under the new policy. The memo instructs ICE agents to arrest refugees who do not 'voluntarily return to DHS custody for inspection and examination' at the one-year mark.
John Tunheim
U.S. District Judge, District of Minnesota; Clinton appointee
Tunheim issued the January 28 temporary restraining order blocking detention of the 5,600 Minnesota refugees and labeling the government's argument 'nonsensical.' On February 19, he heard arguments for extending the TRO through the duration of the litigation. His rulings represent the primary judicial check on the policy to date.
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Krish O'Mara Vignarajah
President and CEO, Global Refuge (refugee resettlement organization)
Vignarajah provided the most direct public quote on the policy's illogic: 'Detaining refugees for failing to complete a process the government itself has delayed is indefensible.' Global Refuge is one of the largest U.S. refugee resettlement organizations, working with newly arrived refugees on housing, employment, and legal services.
Laurie Ball Cooper
Vice President of U.S. Legal Programs, International Refugee Assistance Project
Ball Cooper said the memo 'is part of a broad and concerted effort to strip refugees of their legal status and render them deportable' and accused the government of attempting to 'terrorize refugee communities.' The IRAP is one of the lead plaintiffs in the Minnesota federal case challenging Operation PARRIS.
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Hani Mahmoud
Al Jazeera reporter, Minneapolis coverage
Mahmoud's reporting captured on-the-ground conditions inside the predominantly Somali Minneapolis-Saint Paul community facing detention threats. His coverage highlighted that the heavily Somali Cedar-Riverside neighborhood is a center of the targeted population and that residents are living in fear of imminent arrest.
Claims & Perspectives
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The DHS memo requires detention of refugees who haven't obtained a green card after one year
NOTUS obtained the memo and confirmed it directs USCIS and ICE to 'detain and inspect' refugees who do not 'voluntarily return to DHS custody for inspection and examination' at the one-year mark. The memo rescinds prior 2010 guidance that did not treat this as grounds for deportation.
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Refugees from travel ban countries cannot apply for green cards because DHS froze their applications
NOTUS reported that in December 2025, USCIS announced a pause on all applications, including green cards, for people from countries deemed high-risk. Refugees from countries on Trump's travel ban — like Somalia — are therefore unable to apply for the green cards the February 18 memo requires them to obtain.
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Judge Tunheim called the government's detention argument 'nonsensical'
Multiple outlets confirmed that Tunheim's January 28 opinion used the word 'nonsensical' and found that the government's argument 'would lead to many refugees celebrating their one-year anniversary in this country in jail.'
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The policy could affect approximately 200,000 Biden-era refugee arrivals nationally
NPR reported this estimated national impact figure. The Operation PARRIS enforcement in Minnesota is targeting 5,600 refugees specifically; the February 18 memo's reach extends to all refugees nationally who entered the U.S. legally but have not yet adjusted status.
What you can do
File public comments on the DHS proposed rule redefining refugee detention
civic action
DHS rules of this kind must go through a notice-and-comment period under the Administrative Procedure Act before taking permanent effect. The public has the right to submit comments opposing the rule. A large volume of public comments opposing a rule creates a legal record that courts can use when reviewing whether the agency acted arbitrarily.
Contact your senators to request a Senate Judiciary Committee hearing
civic action
The Senate Judiciary Committee has jurisdiction over immigration law. Senators can demand that DHS provide the methodology behind the unpublished USCIS review cited in the memo, require testimony from Edlow and Lyons, and examine whether the policy complies with the Refugee Act of 1980.
Support legal organizations defending refugees in federal court
civic action
The International Refugee Assistance Project and similar organizations are litigating directly in federal court to block the detention policy. Financial support funds the attorneys who will argue the extension of Tunheim's TRO and any appeals.