Trump Extends ICE Powers: Legal Refugees Will Now Be Detained for Strict Rescreening

The Trump administration has ordered immigration authorities to detain certain refugees who entered the US legally but have not obtained permanent residency after one year, significantly expanding Immigration and Customs Enforcement's powers over people already granted protection.

The move, detailed in a government memo dated 18 February and obtained by CBS News, marks a shift in how the US treats refugees who were admitted after extensive overseas vetting but have yet to convert their status to that of a lawful permanent resident with a so‑called green card.

Under US law, refugees are admitted after demonstrating they face persecution in their home countries on grounds such as race, religion, nationality, political opinion or membership of a particular social group.

They may apply for a green card one year after arrival, but there has previously been no automatic detention linked to missing that milestone.

The directive, signed by acting ICE Director Todd Lyons and US Citizenship and Immigration Services (USCIS) Director Joseph Edlow, instructs officers to return such refugees to government custody so their cases can be reviewed and re‑screened.

Trump Administration Refugees Memo Treats One-Year Mark As 'Mandatory'

The memo states that refugees who have not adjusted to lawful permanent resident status a year after their admission must either appear voluntarily at an immigration office for inspection or face arrest and detention by ICE if they do not comply.

'[The Department of Homeland Security] must treat the one-year mark as a mandatory re-vetting point for all refugees who have not adjusted to [Lawful Permanent Resident] status, ensuring either that they are scheduled to 'return' to custody for inspection or, if they do not comply, that they be 'returned' to custody through enforcement action,' the document says.

The new guidance authorises ICE to 'maintain custody' of affected refugees 'for the duration of the inspection and examination process.' According to officials, that review is intended to determine whether any refugees obtained status through fraud or now pose a threat to national security or public safety, including through alleged ties to terrorism or serious criminal records.

Refugees flagged during this process may be stripped of their legal status and placed in deportation proceedings, the memo states.

A USCIS spokesperson, asked about the change, said the administration was 'implementing law as written by Congress.'

'The alternative would be to allow fugitive aliens to run rampant through our country with zero oversight. We refuse to let that happen,' the spokesperson added.

Trump Administration Refugees Crackdown Reverses Longstanding Practice

The directive reverses a longstanding ICE policy under which a refugee's failure to obtain a green card within a year of arrival was not, on its own, considered grounds to detain them.

Previously, if ICE did detain a refugee, the agency was required to decide within 48 hours either to release the person or to initiate deportation proceedings based on identified legal grounds.

The Trump administration has already taken a series of steps to reopen and re-examine the immigration cases of people granted protection or other lawful status in the US.

In November, officials directed immigration agencies to review cases of refugees admitted under former President Joe Biden, with the possibility of re‑interviewing some to confirm they still meet the legal definition of a refugee, CBS News has reported.

While the administration's efforts against illegal immigration have drawn the most attention, it has also tightened legal immigration rules, frequently citing national security justifications.

Following a Thanksgiving week shooting in Washington, DC, in which two National Guard members were shot and an Afghan national was alleged to be responsible, USCIS paused all legal immigration applications filed by applicants from dozens of countries designated as 'high risk.'

Late last year, officials launched Operation PARRIS, an initiative to re-examine the cases of thousands of refugees in Minnesota. The effort coincided with the deployment of large numbers of federal immigration agents to the Minneapolis area.

Lawyers reported instances of refugees being detained in Minnesota and flown to Texas for questioning, before a federal judge limited the operation.

The administration argues these measures help address security and public safety concerns involving some refugees. Immigrant advocates and refugee groups say the policies target people who entered the country legally after lengthy screening.

'This policy is a transparent effort to detain and potentially deport thousands of people who are legally present in this country, people the US government itself welcomed after years of extreme vetting,' said Beth Oppenheim, chief executive of HIAS, a humanitarian organisation that helps resettle refugees and is challenging the detention initiative.

The US historically resettled tens of thousands of refugees each year, most after a multi‑year vetting process in overseas camps, but the Trump administration has sharply reduced admissions, granting limited exemptions for certain groups.