A newly released memo from the Department of Homeland Security (DHS) (find it here: https://www.documentcloud.org/documents/27247691-122-memo-re-document-production/ ) has significant implications for refugees and asylees in the U.S.
Who is Considered a Refugee?
In this context, refugees are individuals who have been granted asylum in the U.S. or are admitted as refugees due to their fear of persecution in their home countries. These individuals have been through a legal process to gain refugee status and are legally present in the U.S. under those grounds.
So, essentially, REFUGEES here are people already approved in Asylum or Refugee legal status.
HOW DOES U.S. IMMIGRATION LAW DEFINE “REFUGEES” AND “ASYLEES” – STATUTORY AUTHORITY:
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 is established by 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 and has applied for asylum under INA Section 208 based on the same grounds of fear of persecution. Asylees are individuals who have been granted asylum status and are allowed to remain in the U.S. due to the same criteria.
Both “asylee” and refugee” are statuses granted by USCIS, 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.
In terms of permanent residency, many asylees are eligible to apply for a green card after one year of 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, and evolving interpretation of potential threats, particularly in the post-9/11 era, where 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 or when there are concerns about the credibility of the asylum claims, particularly if the individual is associated with activities that pose a threat to U.S. security.
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 are required to 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, where failure to apply for a green card was not automatically linked to detention.
The memo does not spell out for how long this detention may last (what is the maximum detention period) or how they plan to pick and choose which “refugees” they will be grabbing and detaining.
What This Means for Refugees
Refugees are individuals who have fled their home countries due to fear of persecution and have been admitted to the U.S. after undergoing rigorous vetting processes. The new memo affects refugees who have been in the U.S. for at least one year and have not yet adjusted to permanent resident status. The memo instructs DHS to enforce mandatory re-screening of these individuals to ensure their continued eligibility to remain in the U.S.
For many, this new guidance has raised concerns. It places refugees at risk of detention simply for not meeting a procedural deadline, even if they have no criminal history or other issues with their immigration status. This could lead to significant disruption in the lives of refugees who have already established themselves in the U.S.
What Refugees Need to Do
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 now links failure to file for adjustment of status within 1 year of receiving the refugee or asylee status to the possibility of detention and further investigation by DHS.
Refugees who miss this deadline are required to attend an inspection appointment with DHS, and if they do not, they could face detention and possible deportation proceedings.
Why This Policy Matters
This policy change has drawn sharp criticism from refugee advocates, who argue that it undermines the U.S.’s longstanding commitment to providing safe haven to those fleeing persecution. Critics also point out that the policy could disproportionately impact refugees who face obstacles in applying for a green card, such as lack of resources or inadequate legal assistance.
At the same time, DHS defends the memo as a necessary step to maintain national security and ensure the integrity of the U.S. immigration system. The agency believes that re-screening refugees after one year helps identify any risks that may not have been apparent during initial vetting.
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.