New USCIS Memo: Detaining Refugees without Green Cards

The issue of detaining refugees without green cards is at the heart of a recent USCIS memo. On February 18, 2026, USCIS issued a memo titled “Detention of Refugees Who Have Failed to Adjust to Lawful Permanent Resident Status”. This memo was not published on the USCIS Policy Memoranda webpage, where USCIS provides access to various policy and procedural memoranda. Memo was submitted in case U.H.A. v. Bondi, 0:26-cv-00417, (D. Minnesota).

As a recap, U.H.A. v. Bondi (Case No. 0:26-cv-00417, U.S. District Court for the District of Minnesota) is a recent habeas corpus lawsuit filed on January 18, 2026, challenging the detention and potential removal of certain refugees in Minnesota.

The new February 18, 2026, memorandum rescinds prior USCIS/ICE guidance (notably the 2010 ICE “Chaparro” memo) and effectively makes re‑inspection at the one‑year mark compulsory for refugees. In other words, failure by a refugee to file for a green card within the required period is no longer handled informally – it now triggers mandatory arrest and vetting. The new policy aligns refugee vetting with statutory law (8 U.S.C. § 1159) and treats the one‑year review as an enforceable inspection requirement.

This article explains the scope and authority of the memo, highlights the key changes and affected groups, and discusses practical implications for individuals, employers, and compliance with immigration law.

Key Takeaway: Detaining Refugees without Green Cards

New Mandatory Detention Policy: The DHS memo directs federal agents to detain any refugee who fails to obtain LPR status after one year. It creates a “detain-and-inspect” requirement so that refugees must present themselves for adjustment or be arrested.

Rescission of Prior Guidance: This memorandum rescinds the 2010 ICE DRO guidance (the Chaparro memo) that had explicitly not treated failure to adjust as a basis for detention. Under the prior policy, an unadjusted refugee would normally be released unless other removal grounds were found. The new policy is broader and stricter.

Statutory Basis: The change rests on 8 U.S.C. § 1159(a), which requires refugees to undergo inspection after one year in the United States. In practice, DHS now interprets that inspection authority to include detention if the refugee does not voluntarily appear for it.

Nationwide Enforcement: The memo applies nationally to all refugees admitted under INA § 207. Any refugee without a green card one year after entry must “return or be returned” to DHS custody. A violation (failure to appear) may result in immediate arrest and continued detention throughout the vetting process.

Litigation and Risk: The policy is already subject to court challenge. In late January 2026, a federal judge in Minnesota granted a temporary restraining order enjoining DHS from detaining class members in a related case. Thus, the rule’s full impact is still being litigated, but agencies are directed to implement it unless blocked by court order.

What Changed

Previously, failure by an admitted refugee to apply for a green card after one year did not trigger detention. The 2010 ICE memo by Acting Director James Chaparro explicitly treated adjustment as an administrative process, requiring release or a notice to appear if no legal grounds existed. In contrast, the February 2026 DHS memorandum establishes that any refugee who misses the one‑year deadline must be “returned” for inspection in custody. Put simply, where last year a refugee might have been asked to appear voluntarily, the new rule authorizes immediate arrest for failing to do so.

The new memo rescinds the old policy in full. It states (and has been explained in court filings) that DHS has “undertaken a fresh look” at refugee vetting and now rescinds the Chaparro memorandum dated May 10, 2010, along with any inconsistent guidance. Henceforth, the one‑year adjustment requirement is mandatory rather than discretionary. Agents must detain and hold any refugee at the annual exam, if necessary, for the duration of the admissibility determination process. This represents a major shift: under current policy, refusal or neglect to file for adjustment after one year becomes an affirmative basis for detention.

In practical terms, the new policy means that after one year in the U.S., refugees will be subject to the same custodial inspection as other immigrants. After that anniversary, DHS must physically inspect each refugee’s status. If a refugee does not voluntarily report, ICE is authorized to arrest and detain them (potentially beyond 48 hours) until the inspection and any removal proceedings conclude. Thus, the one-year mark has become a potential enforcement “checkpoint” instead of simply a paperwork milestone.

Who Is Affected

The memorandum’s provisions apply to any person admitted to the U.S. as a refugee under INA § 207 who has not yet become a lawful permanent resident. In other words, any refugee one year past admission who lacks a green card is covered by this directive. It includes people admitted from all regions (African, Asian, Middle Eastern, etc.), without exception in the text. Notably, refugees subject to any travel bans or from countries on heightened security lists may find themselves at particular risk if they cannot get status in time. However, the policy on its face covers all refugee populations nationwide.

Both individuals and organizations will be affected. Refugees themselves must comply with the one-year adjustment process strictly. Community groups and service providers should be aware that clients failing to file by the deadline may now be subject to detention. Employers of refugees (see below) should also take note, since an employee without an updated status may be abruptly detained under the new rule.

Effective Dates for Detaining Refugees without Green Cards

USCIS and ICE formalized this policy on February 18, 2026. The memorandum was filed with a federal district court on that date as the government’s official position. It rescinds prior policies immediately. (A precursor “rescission memorandum” on December 18, 2025 had already signaled the end of the old Chaparro guidance.) Thus, as of February 18, 2026, all immigration officers have been instructed to apply the new rules. There is no stated end date; it remains in force until DHS or a future administration issues another directive. Compliance is expected going forward, subject only to judicial stays (as noted below).

Legal Authority and Binding Status for Detaining Refugees without Green Cards

The detention policy draws on federal immigration law. Under 8 U.S.C. § 1159(a), refugees admitted to the U.S. are required to undergo inspection after one year in order to adjust status. Congress mandated that any refugee “who has not acquired permanent resident status, shall… return or be returned to the custody of the Department of Homeland Security for inspection” after one year. In parallel, DHS regulations (8 C.F.R. § 209.1) impose a one-year application requirement on refugees, underscoring that each refugee must apply for permanent residence one year after entry. The new memo interprets this statutory inspection requirement to authorize detention if necessary.

Because the memorandum was issued jointly by the heads of USCIS and ICE (signatories include the USCIS Director and the ICE Acting Director), it carries full weight as agency policy. The document explicitly states that it supersedes any inconsistent guidance, making it the controlling instruction for refugee cases. In practice, this means immigration officers and ICE field agents must follow the memo’s rules even if they conflict with earlier manuals or memos. The Department of Justice confirmed in court filings that this memorandum represents DHS’s “controlling interpretation” of the law in this area. While not a legislative rule, such a DHS policy memo binds agency personnel and may be treated as authoritative direction unless overturned by higher policy or court order.

Practical Implications for Individuals and Employers

For refugees and their advocates

This policy change means strict compliance with the adjustment timeline is now critical. Refugees should file Form I‑485 (Application to Register Permanent Residence) and all required documents promptly before the one‑year anniversary of admission. They must also attend any USCIS interview or inspection. Failure to do so could result in arrest. A detained refugee will likely be held in immigration custody until USCIS or an immigration judge determines their admissibility. Legal representation is strongly advised in that event, as removal proceedings may follow. Refugees should work closely with immigration attorneys or accredited representatives to ensure all applications and requests are timely and complete. In short, treating the one-year adjustment requirement as a legal obligation rather than a formality is now vital.

For employers and human resources professionals

Employers of refugee status workers should be aware that an employee’s noncitizen status could change suddenly under this policy. Employers should verify that any refugee employees are maintaining their status. Delays in completing adjustment may cause loss of work authorization. HR departments may need to counsel affected workers to file immediately and monitor their immigration status. Employers may also want to have contingency plans if a key employee faces detention (for example, through temporary assignment of duties). While employers are not directly enforcing immigration law, staying informed about this memorandum will help avoid surprises and ensure labor compliance.

Across the board

Affected individuals and employers should seek authoritative guidance. Immigration officials have indicated that the memo is mandatory policy, so voluntary compliance cannot be assumed. In practical terms, refugees and asylum-derived family members should proactively contact immigration attorneys or accredited agencies to review their cases. Employers can consult with legal counsel (such as the Immigration Professional Association) to update training and ensure any assistance provided to employees is in line with the new requirements.

How Immigration Professional Association Can Assist against Detaining Refugees without Green Cards

The Immigration Professional Association stands ready to help navigate these changes. Our organization provides up-to-date legal analysis and compliance resources for this new memo. We can advise refugees and affected employers on the steps needed to meet the one-year adjustment requirement. For individuals, our experienced immigration attorneys can assist with timely filing of adjustment applications, preparation for interviews, and defense of detained clients. We also offer training and guidance to employers on immigration compliance.

In practical terms, Immigration Professional Association’s services include reviewing cases to ensure refugees have not missed critical deadlines, coordinating with DHS offices as needed, and providing referral networks for legal representation. We emphasize a proactive approach: by understanding the memo’s requirements and implementing best practices, individuals and employers can minimize legal risks. Immigration Professional Association’s experts also collaborate with community organizations to ensure that refugees receive the support they need to fulfill their legal obligations without undue burden.

Looking ahead, the Immigration Professional Association will continue to track this policy and its legal challenges. Our attorneys will advocate for fair treatment of refugees while emphasizing the importance of following the law. We encourage any refugee, employee, or employer with concerns to consult our resources. With careful planning and expert guidance, individuals can meet the new requirements and reduce the chance of detention. Immigration Professional Association remains committed to helping our clients and partners navigate these changes responsibly and lawfully.