Immigrants who arrived in the U.S. as refugees may soon face potential detention under a controversial new immigration policy issued by the Department of Homeland Security (DHS). According to a memo dated February 18 from the U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE), refugees are required to obtain a green card within one year of arrival or “present themselves to the agency” to avoid detention.
This policy is seen as a continuation of the Trump administration’s efforts to restrict legal avenues for resettlement in the U.S., which previously included setting the lowest-ever cap for refugee admissions. Additionally, USCIS has announced plans to review the status of all refugees admitted under the Biden administration, reopening cases and placing their legal status at risk.
Beth Oppenheim, CEO of HIAS, a refugee resettlement organization, criticized the move, calling it a “transparent effort” to detain and deport legally present individuals who were initially welcomed into the country. She emphasized that these refugees were promised safety and support to rebuild their lives, calling the new policy a severe threat to that promise.
The memo highlights instructions from USCIS Director Joseph Edlow and ICE Acting Director Todd Lyons to detain refugees who do not comply with the new regulations regarding their green card applications. It reverses earlier guidance that did not consider failure to apply for permanent residency as grounds for deportation, introducing the possibility of detention while applications are pending.
DHS officials argue that the change is necessary to combat immigration fraud and enhance national security, asserting that it aligns refugee vetting processes with those of other immigration applicants.
The new policy has sent ripples through an already fragile refugee resettlement system, which has faced budget cuts and reduced support for organizations aiding refugees. The potential impact of the policy could affect tens of thousands of refugees, particularly those who arrived during the Biden administration. Delays and backlogs in processing at USCIS further exacerbate concerns about refugees’ ability to secure their green cards on time.
Shawn VanDiver, president of AfghanEvac, criticized the memo as a “reckless reversal” of policies that treated refugee admission as a protective measure rather than a conditional process, which he argues undermines the trust placed in the U.S. by those seeking refuge.
The ongoing courtroom struggle surrounding this policy highlights deeper systemic issues, particularly regarding the treatment of refugees in the U.S. The memo was introduced in a federal case related to recent arrests of refugees in Minnesota who had not received their green cards. Following a federal judge’s order to release those detained and pause deportations due to lack of warrants, the situation remains fluid as legal challenges continue.
As the U.S. grapples with immigration policy direction, it is crucial that compassion remains at the forefront of discussions about those who fled their homes seeking safety. The hope is that ongoing advocacy and legal efforts will lead to a more supportive and humane approach to refugee resettlement in the future.