Trump Administration Expands Powers to Detain Refugees Without Green Cards
In a significant policy shift, the Trump administration has granted federal agents increased authority to arrest and detain refugees who entered the United States legally but do not possess a green card. This move, detailed in a February 18 memo from the Department of Homeland Security, marks a stark departure from previous guidance and intensifies the administration's broader efforts to target immigrants with lawful status.
New Detention Authority for Federal Agents
The DHS memo explicitly permits federal agents to take into custody refugees who have been in the U.S. for one year without obtaining lawful permanent residency. These individuals are now subject to detention if they fail to present themselves voluntarily for rescreening. DHS officials argue that this measure is necessary to reassess refugees for potential national security and public safety risks, citing the need for enhanced vetting procedures.
This policy effectively rolls back longstanding protections established during the Obama administration, which required refugees to file for lawful permanent residency after a year but did not authorize detention solely for failure to apply. Refugee advocates estimate that approximately 100,000 people could be affected, making them vulnerable to arrest and indefinite detention.
Criticism from Refugee Advocates and Legal Experts
Refugee advocacy groups have strongly condemned the new directive, emphasizing that refugees already undergo rigorous screening before entering the country. Krish O’Mara Vignarajah, President and CEO of Global Refuge, stated, "These are families the United States government already screened more rigorously than any other category of immigrant. Only after years of background checks, biometric screenings, and in-person interviews were they invited to rebuild their lives here."
Legal experts have also challenged the administration's interpretation of immigration law. In court filings, attorneys noted that returning to DHS "custody" has historically not implied arrest or unlimited detention. A USCIS spokesperson, however, defended the policy, accusing the media of sensationalizing and asserting that the agency is implementing laws "as written by Congress."
Broader Context of Immigration Crackdowns
This policy change is part of a series of actions aimed at curtailing lawful immigration. The Trump administration has previously ordered reviews of over 200,000 refugees who entered during the Biden administration, capped refugee admissions at historically low levels, and prioritized white South Africans in admissions processes. Additionally, green card processing has been suspended for several countries of origin for refugees, complicating their ability to pursue residency applications.
Mevlüde Akay Alp, a senior staff attorney for the International Refugee Assistance Project, told HuffPost, "This is a further attack on individuals with legal status. It targets refugees who were selected and invited to this country by the U.S. government and who are living here lawfully and simply awaiting the next step in their process towards citizenship."
Impact on Refugee Resettlement Efforts
The new detention authority comes amid ongoing resettlement initiatives, such as Operation Allies Welcome, which supports Afghan refugees relocating after the Taliban's takeover. This program, coordinated by the Department of Defense and DHS, provides temporary housing and processing for vulnerable individuals. However, the latest policy could undermine such efforts by instilling fear and uncertainty among refugees awaiting permanent status.
As the administration continues to reshape immigration enforcement, this expansion of detention powers highlights the increasing challenges faced by refugees navigating the complex path to citizenship in the United States.
