The Trump administration issued an internal memorandum authorizing immigration agents to arrest and indefinitely detain refugees legally admitted to the Estados Unidos who have not yet obtained permanent resident status. The document, dated February 18, 2026 and signed by authorities from Departamento of Segurança Interna (DHS), Imigração and Controle of Alfândegas (ICE) and Serviços of The measure revokes previous guidance that considered a lack of adjustment of status after one year insufficient to justify arrest or detention.
The memo argues that refugee admission is conditional and subject to mandatory review after one year in the country. Agentes feds must locate, arrest and hold in custody those who have not submitted a green card application or have not appeared for an interview. Detention may extend as long as necessary for full inspection and examination, including additional background checks and intensive validation of allegations. Essa change aims to align post-admission screening with standards applied to other applicants and prioritize public and national security.
The policy comes amid a specific operation in Minnesota, where some 5,600 previously admitted refugees face re-examination. Pelo less than 100 individuals have already been detained by ICE in this initiative, known internally as part of efforts to review pending cases. A federal judge in
Memo details and policy changes
The document revokes 2010 guidance that protected refugees from coercive actions solely for delays in adjustment of status. Agora, the absence of a green card after one year constitutes a basis for immediate intervention. Refugiados must voluntarily return to DHS custody for inspection or face location and arrest by agents.
Authorities cite security risks associated with a supposed population of not fully vetted conditional refugees. The requirement for detention during the process guarantees complete reassessment, according to the official text.
The measure integrates an escalation in internal enforcement actions, with plans to expand detention facilities. USCIS estimates an investment of US$38.3 billion to acquire and adapt warehouses capable of housing tens of thousands of people.
Operation context on Minnesota
Recent operations in the state have focused efforts on refugee communities from countries such as Somália, Equador and Venezuela. Agentes carried out additional arrests and questionings at homes and public places over the past few weeks.
A district judge, John Tunheim, criticized the actions by stating that refugees have a legal right to stay in the country, work and live in peace. Ele has temporarily blocked additional prisons and ordered the release of detainees, while advocacy groups prepare class action against the policy.
The memorandum was submitted at a court hearing scheduled for February 2026, expanding the debate on compliance with previous orders.
Impacts for admitted refugees
Affected refugees face uncertainty about remaining in the country even after initial legal admission. Indefinite detention during reassessment can disrupt employment, education and family integration.
The policy mainly affects those admitted in recent years who have not yet completed the green card process, exposing them to the risk of prolonged custody. Grupos lawyers warn of potential violations of established protections.
Reactions and legal challenges
Immigrant rights organizations challenge the legality of mandatory detention, arguing that it contravenes existing precedents and court orders. Elas foresee additional challenges in federal courts.
The government defends the measure as necessary to align procedures and mitigate supposed risks identified in internal reviews.
Expansion of detention infrastructure
In parallel with the memorandum, USCIS advances plans to increase large-scale custody capacity. Investimentos billionaires aim to prepare facilities for a high volume of detainees in review processes.
This infrastructure supports the implementation of the new guideline nationwide.
The memorandum represents a significant change in the approach to legally present refugees, with a focus on forced reassessment and prolonged custody.