Trump: ICE has the power to indefinitely detain legal refugees in the US

Memo authorizes ICE to detain legally admitted refugees for “reevaluation” if they do not obtain a green card within a year of arrival

According to a new government memo, the Trump administration has given Immigration and Customs Enforcement (ICE) agents broad powers to detain legal refugees who have not yet obtained permanent residency in the United States.

The memo, dated February 18 and filed in federal court, grants ICE broad new powers to detain legal refugees indefinitely for “reevaluation.”

The document states that refugees who entered the US legally must submit to custody for “inspection and examination” one year after their admission to the country. The Washington Post was the first to report the memo.

In short, the Department of Homeland Security (DHS) is directing federal immigration agents to arrest anyone who has not yet obtained permanent residency, or a green card, and subject them to custodial interrogation after one year.

Current US law states that refugees must apply for legal permanent residency one year after arriving in the country.

Reuters reported that the memo represents a departure from the Obama administration’s ICE (U.S. Immigration and Customs Service) policy, which stated that failure to obtain a green card by refugees legally admitted to the U.S. was neither a “basis” for deportation nor an “adequate basis” for detention.

“O [DHS] should treat the one-year deadline as a point of mandatory reassessment for all refugees who have not qualified for refugee status. [Residente Permanente Legal]ensuring that they are scheduled to ‘return’ to custody for inspection or, if they fail to comply, that they are ‘returned’ to custody through coercive measures,” the memo says.

The memo states that refugees could have their legal status revoked and be processed for deportation if they show “red flags” during their screenings. Processing time for a green card for legal refugees can take anywhere from eight to 22 months, according to some U.S. law firms.

Repression in Minnesota

The memo refers to an ongoing case in Minnesota, where the Trump administration has faced strong public backlash, including from some allies, over its restrictive immigration policy.

In late January, a US federal judge issued an “injunction” to stop the Trump administration from arresting refugees legally resettled in Minnesota and ordered the release of those detained.

U.S. District Judge John Tunheim in Minneapolis said ICE agents likely violated several federal laws by arresting legal refugees and subjecting them to additional interrogation.

“Refugees have the legal right to be in the United States, the right to work, the right to live in peace, and most importantly, the right not to be subjected to the terror of being arrested and detained without warrant or cause in their homes, on their way to religious services or to buy groceries,” Tunheim wrote.

Refugees awaiting permanent resident status “have undergone rigorous background checks and investigations, been approved by multiple federal agencies to enter the country, received work permits, received government support, and been resettled in the United States,” Tunheim said.

“These people were admitted into the country, complied with the rules and are awaiting regularization of their status as legal permanent residents of the United States,” he added.

As has been the case with ICE arrests across the U.S., the crackdown in Minnesota has often been violent, and immigrants and refugees have been forcibly removed from their homes and cars and placed in a local detention center before being sent to a location in Texas where conservative judges are more likely to align with the Trump administration’s policies.

Trump removed ICE agents from Minnesota amid negative public backlash. Two U.S. citizens were killed by ICE agents in the state, including one who was legally carrying a gun.

More broadly, Trump has shown no sign of backing down on his immigration crackdown.

Last week, American media reported that the government was looking at cities and counties across the United States to build more immigration detention centers in a massive $45 billion expansion of ICE (Immigration and Customs Enforcement) funding.

Originally published by Middle East Eye on 2/19/2026