The Trump administration has significantly expanded the authority of Immigration and Customs Enforcement (ICE) officers through a newly revealed government memorandum, granting them sweeping powers to detain lawful refugees who haven’t yet obtained permanent residency status in the United States.
Dated February 18 and filed in federal court, the directive empowers ICE agents to indefinitely detain legal refugees for what it terms ‘rescreening’ procedures. The policy mandates that refugees who entered the U.S. legally must submit to custody for “inspection and examination” exactly one year after their admission into the country, marking a dramatic shift from previous immigration enforcement protocols.
The Department of Homeland Security memo instructs federal immigration officers to arrest any refugee who hasn’t secured permanent residence (a green card) and subject them to custodial interviews after their one-year anniversary in the United States. This represents a stark departure from Obama-era ICE policy, which explicitly stated that failure to obtain a green card was not grounds for removal or detention.
Refugees face potentially severe consequences under the new guidelines, as they can be stripped of their legal status and processed for deportation if they raise “red flags” during examinations. This occurs despite the fact that green card processing for legal refugees typically takes between eight to 22 months according to immigration law experts.
The policy emerged in connection with an ongoing case in Minnesota where the administration faced significant public backlash, including from some allies, over its immigration crackdown. In late January, U.S. District Judge John Tunheim issued a temporary restraining order preventing the administration from arresting lawfully resettled refugees in Minnesota and ordering the release of those already detained.
Judge Tunheim sharply criticized ICE’s actions, noting that agents likely violated multiple federal statutes by arresting lawful refugees for additional interrogations. He emphasized that “refugees have a legal right to be in the United States, a right to work, a right to live peacefully – and importantly, a right not to be subjected to the terror of being arrested and detained without warrants or cause.”
The Minnesota operations, mirroring ICE activities nationwide, have involved violent arrests with immigrants and refugees being forcibly removed from their homes and vehicles before being transferred to detention facilities in Texas, where conservative judges are more likely to align with administration policies.
Despite temporarily pulling back ICE agents from Minnesota following public outrage and the deaths of two U.S. citizens during enforcement actions, the administration shows no signs of retreating from its hardline immigration stance. Recent reports indicate plans for a massive $45 billion expansion of ICE funding to construct additional detention facilities across the country.









