The administration of President Donald Trump has issued a new directive that could allow the arrest and detention of refugees legally residing in the United States but who have not yet obtained permanent resident status, or a “green card.” According to a memorandum from the Department of Homeland Security (DHS), refugees who apply for permanent residence would be required to return to federal detention one year after entering the U.S. so that their applications can undergo additional review. The document states that DHS may detain applicants during the vetting process.
Change in Previous Policy
This measure represents a significant shift in previous refugee policy. During the prior administration, nearly 200,000 refugees were admitted to the U.S., and they are required to apply for permanent residence one year after arrival. Administration officials cite security and economic reasons for the policy change. Immigration law experts, however, point out that refugees already undergo a lengthy and detailed security screening process before entering the country.
Court Proceedings in Minnesota
The directive was issued as a federal court in Minnesota considers extending a temporary order barring the arrest and deportation of refugees who are lawfully in the U.S. but have not yet received a green card. Federal Judge John Tunheim previously assessed that there is a likelihood the government’s policy is unlawful and temporarily blocked arrests in that state. The court noted that mandatory detention of refugees could lead to illogical consequences, as refugees cannot apply for permanent residence until they have completed one year of residence in the U.S. The temporary ban expires on February 25, unless the court decides otherwise.
Reactions from Organizations
Organizations advocating for refugee rights have sharply criticized the new measure, warning that it could create fear and uncertainty among people who came to the U.S. legally and have already begun building new lives. According to claims filed earlier this year, some cases involved arrests without warrants and the transfer of detained individuals to other states. In previous rulings, the court emphasized that refugees have the legal right to reside and work in the U.S., as well as the right to legal protection.
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Source: Chicago glasnik, Foto: EPA / BONNIE CASH



