DHS Directs Detention of Refugees Missing Residency Deadline

The U.S. Department of Homeland Security issued a memo on February 18 directing immigration authorities to detain refugees who fail to apply for permanent residency within one year of their arrival, marking a significant shift in how the government oversees those already admitted under the refugee program.

The directive, signed by U.S. Citizenship and Immigration Services Director Joseph Edlow and Acting Immigration and Customs Enforcement Director Todd Lyons, requires refugees to submit adjustment applications and attend required interviews. Those who comply are considered to have voluntarily returned to custody. Noncompliance can lead to arrest and detention for a mandatory review process, which screens for immigration fraud, criminal history, national security risks, and public safety concerns. The memo specifies that detainees may remain in custody for the reasonable duration needed to complete this examination. This applies specifically to individuals admitted through the U.S. Refugee Admissions Program and does not extend to asylees, who apply for status after arriving in the country.

Under prior policy, outlined in a 2010 memorandum, failing to apply for a green card...