DHS Orders ICE To Detain Refugees Under Re-Vetting Memo
A Feb. 18 DHS memo directs ICE to detain refugees who lack green cards after one year for re-inspection, prompting court challenges and advocacy outcry.
Overview
A DHS memo dated Feb. 18 directs USCIS and ICE to detain refugees who have not obtained lawful permanent resident status one year after admission for "inspection and examination," the agencies said in a federal court filing.
The memo says the "detain-and-inspect" requirement ensures refugees are re-vetted after one year and aligns post-admission vetting with other applicants, reversing guidance from a 2010 memorandum.
Refugee advocates criticized the policy, with HIAS CEO Beth Oppenheim calling it a move that will "cause grave harm" and AfghanEvac president Shawn VanDiver calling it "a reckless reversal."
The memo was submitted in litigation tied to "Operation Parris," which targeted about 5,600 refugees in Minnesota, and a U.S. district judge in Minneapolis temporarily blocked further arrests and ordered releases, court records show.
USCIS has said it will re-review refugees admitted under the Biden administration, detained refugees may be held "for the duration of the inspection and examination process," and further arguments are scheduled in the class-action lawsuit.
Analysis
Center-leaning sources... portray the memo as a punitive reversal, emphasizing humanitarian harms through loaded words (e.g., "shockwaves," "reckless reversal") and activist quotes; editorial choices foreground impacts and policy context while giving DHS memo language (e.g., "detain-and-inspect requirement ensures...") less prominence, narrowing debate and prioritizing refugee advocates' perspectives.
Sources (5)
FAQ
The memo directs ICE to detain refugees who have not obtained lawful permanent resident status (green cards) one year after admission for inspection and examination, treating refugee admission as conditional with mandatory re-vetting.
It reverses a 2010 memorandum that stated failure to adjust to lawful permanent resident status within one year was not, by itself, a basis for detaining refugees.
The policy relies on Immigration and Nationality Act (INA) § 209, which requires refugees to apply for adjustment of status after one year, and cross-references INA § 235 for detention authority during inspection.
Advocates like HIAS CEO Beth Oppenheim called it a move that will 'cause grave harm,' and AfghanEvac president Shawn VanDiver described it as 'a reckless reversal.'
A U.S. district judge in Minneapolis temporarily blocked further arrests under 'Operation Parris' targeting 5,600 refugees in Minnesota and ordered releases, amid ongoing class-action litigation.
History
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