Legal refugees now face long detention after DHS reinterprets law on applying for a green card after a year

By Ashley Sanchez, Associate Professor of Immigration, University of Notre Dame

The Department of Homeland Security issued a policy memo in February 2026 that could lead to the detention of refugees who are legally in the country.

The new policy states that “DHS may arrest and detain a refugee who has lived in the United States for at least one year and has not yet acquired” lawful permanent resident status. Approximately 100,000 refugees could be at risk for such arrest and detention.

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