The Donald Trump Administration ordered that refugees admitted to the United States must undergo a new review in official custody one year after entering the country, according to a Department of Homeland Security memorandum presented on February 18 in federal court. The directive expands the detention powers of immigration authorities and has drawn criticism from humanitarian organizations.
First modification: 02/19/2026 - 11:06
An expansion of Trump's offensive against legal and irregular immigration. Refugees in the United States will be required to return to government custody for "inspection and examination" one year after their admission to the country, according to a Department of Homeland Security (DHS) memo dated February 18 and filed in federal court.
In this way, the Government gives immigration agents greater powers to detain legal refugees awaiting permanent residence in order to subject them to further review.
"This detention and inspection requirement ensures that refugees are re-examined after one year, aligns post-admission screening with that applied to other applicants, and promotes public safety," DHS said in the document.
Under US law, refugees must apply for legal permanent resident status one year after arriving in the country. However, according to the new memorandum, immigration authorities would be authorized to detain people throughout the reinspection process.
A previous memorandum, issued in 2010, stated that failure to obtain permanent residency did not constitute "ground" for removal or an "adequate basis" for detention.
DHS did not respond to a Reuters request for comment outside of normal business hours.
Criticism of organizations
Shawn VanDiver, president of AfghanEvac, called the directive "a reckless reversal of a long-standing policy" that "betrays the trust of people the United States legally admitted and promised protection."
The organization HIAS, formerly known as the Hebrew Immigrant Aid Society, stated that the measure “will cause serious harm to thousands of people who were welcomed in the United States after fleeing violence and persecution.”
The hardline immigration agenda was one of the axes of the campaign that contributed to Trump's victory in the 2024 elections.
The number of people detained by Immigration and Customs Enforcement (ICE) increased about 75% compared to when Trump took office in 2025. Since then, about 68,000 people have been detained under his watch.
In January, a federal judge temporarily suspended a policy pushed by the Trump administration that affected about 5,600 legal refugees in Minnesota awaiting permanent residency.
In a written decision, Minneapolis-based federal Judge John Tunheim said federal agents likely broke several laws by detaining some of these refugees for additional screening.
With Reuters
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