A newly released memo from the Department of Homeland Security (DHS) has significant implications for refugee and asylee detention in the US.
Who is a Refugee in the US?
Refugees are individuals on asylum in the U.S. or admitted due to their fear of persecution in their home countries. These individuals have been through a legal process to gain refugee status. They are legally present in the U.S. under those grounds.
So, essentially, refugees are already approved in Asylum or Refugee legal status.
How Does U.S. Immigration Law Define “Refugees” and “Asylees”?
Under current U.S. law, a refugee is defined as a person who is outside their country of nationality and is unable or unwilling to return due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. This definition comes from the Immigration and Nationality Act (INA) Section 101(a)(42). An asylee, on the other hand, is someone who is already in the United States or at a U.S. port of entry. Additionally, an asylee has applied for asylum under INA Section 208 based on the same grounds of fear of persecution. Asylees are individuals have asylum status and may remain in the U.S. due to the same criteria.
Both “asylee” and “refugee” are statuses USCIS given, Immigration Courts, and U.S. Department of State Bureau of Population, Refugees, and Migration (PRM) after a long process of background checks, claims review and vetting.
Green Cards and Permanent Residency for Refugees
In terms of permanent residency, many asylees are eligible to apply for a green card one year post being granted asylum, per INA Section 209(b). Once granted asylum and living in the U.S. for one year, an asylee may adjust their status to permanent resident (green card holder).
However, under President Trump’s administration, USCIS has begun revisiting some of these approvals, citing national security concerns. This stems from their new policies of deep distrust for any past processes under the old administration’s guidance. Additionally, it is based on evolving interpretation of potential threats. Particularly in the post-9/11 era, some individuals initially granted asylum have later been subject to revocation of their asylum status or denial of green card applications. These revocations often occur when new security-related information emerges. They also occur when there are concerns about the credibility of the asylum claims. This is particularly relevant if the individual associates with activities that pose a threat to U.S. security.
New DHS Memo on Refugee Detention
The memo states that refugees who have not applied for a green card after one year of their admission into the U.S. could face detention by immigration authorities.
Under this new policy, refugees who do not successfully adjust to lawful permanent resident (LPR) status after a year must present themselves to DHS for inspection. If they fail to do so, DHS has the authority to arrest, detain, and initiate further examination of their status. This marks a shift from prior practices. Previously, failure to apply for a green card did not automatically link to detention.
The memo does say the length of detention (what is the maximum detention period). Nor did it explain how they plan to pick and choose which “refugees” they will be grabbing and detaining.
What This Means for Refugees Worried About Detention
Refugees fled their home countries to escape persecution and entered the U.S. after a thorough vetting process. The new memo applies to refugees who have been in the U.S. for at least a year without adjusting to permanent resident status. It mandates that DHS re-screen them to verify their eligibility to stay in the country.
Many are concerned about this new guidance. It puts refugees at risk of detention for missing a procedural deadline, even if they have no criminal history or other immigration issues. This could disrupt the lives of refugees who have already established themselves in the U.S.
What Refugees Need to Do To Avoid Detnetion
Refugees must apply for a green card one year after their arrival in the U.S. Do not delay and do not put it off!
The new policy links failure to file for adjustment of status within one year of receiving refugee or asylee status to the risk of detention and further investigation by DHS.
Refugees who miss this deadline must attend an inspection appointment with DHS. Failure to do so could result in detention and possible deportation proceedings.
Why This Policy Matters
Refugee advocates have criticized this policy change, arguing it undermines the U.S.’s commitment to providing safe haven for those fleeing persecution. Critics also note it could disproportionately affect refugees facing obstacles, such as lack of resources or legal assistance, in applying for a green card.
DHS defends the memo as a necessary step to protect national security. They claim it will maintain the integrity of the U.S. immigration system. The agency argues that re-screening refugees after one year helps identify risks that may not have been clear during initial vetting.
Expert Legal Assistance for Refugee Detention Issues – Call Shepelsky Law Group
If you or someone you know is facing challenges with refugee status or has concerns about applying for a green card, contact Shepelsky Law Group today at Tel: (718) 769-6352 or book your consultation directly at https://shepelskylaw.cliogrow.com/book. Our experienced team can guide you through the complexities of immigration law and help protect your rights. Don’t wait—reach out for a consultation to discuss your options.