New U.S. Policy on Refugee Adjustment and Arrests: What You Need to Know

On February 18, 2026, the U.S. Department of Homeland Security (DHS) issued a major policy change that significantly alters how refugees are treated after they arrive in the United States — especially those who have not yet adjusted to lawful permanent resident (green card) status.

What Is the New Refugee Arrest and Detention Policy?

Traditionally, refugees admitted to the U.S. through the U.S. Refugee Admissions Program (USRAP) — one of the most rigorous vetting systems globally — were allowed to live and work freely once admitted and did not face detention merely because they had not yet obtained a green card.

But a new DHS memorandum issued on February 18, 2026, directs U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) to take a more aggressive approach:

• Refugees who have been in the U.S. for more than one year but have not yet applied for or been granted lawful permanent resident status (a green card) may be arrested and detained.

• The policy rescinds earlier guidance that said a refugee’s failure to apply for a green card within one year was not a basis for detention.

• Under the new “detain‑and‑inspect” requirement, refugees may be placed in custody while DHS conducts additional vetting, screening, and examination, which could include checks for fraud, criminal history, national security, or public‑safety concerns.

In other words, not applying for adjustment of status in a timely manner — or failing to appear for required re‑screening — could now lead to detention even for people who arrived lawfully and are otherwise eligible to adjust status.

Why This Is a Major Shift

This policy represents a dramatic departure from decades‑old practice and raises several key concerns:

✔ Refugees were previously treated as lawfully present once admitted. For decades, once refugees passed the extensive screening processes conducted overseas — which include background checks, biometric data checks, and security vetting — they were regarded as lawfully present and free from routine detention based on paperwork timing alone.

✔ The new policy treats unadjusted refugees like other admission categories. Under this change, refugees who haven’t adjusted within one year are viewed as requiring a second round of “inspection and examination,” which can involve detention. This aligns refugee status more closely with other non‑immigrant admission categories that can be reevaluated post‑entry.

Who This Policy Affects

This policy primarily affects:

• Refugees who have been in the United States more than one year but have not yet filed Form I‑485 (Application to Register Permanent Residence or Adjust Status); and

• Refugees who have filed but whose cases have not yet been adjudicated and/or are past the one‑year mark since arrival. 

Because the memo links detention authority to a statutory provision requiring refugees who haven’t adjusted to return to DHS custody, officials could place individuals into immigration detention if they do not voluntarily present themselves for re‑examination.

Practical Impacts for Refugees

1. Adjustment of Status Becomes Urgent

Refugees should file their Adjustment of Status application (Form I‑485) as soon as they are eligible — typically after one year of physical presence in the U.S. — and keep proof of filing and receipt notices accessible. Failing to file timely may now expose individuals to detention risks.

2. Carry Documentation

Individuals should carry copies of their refugee admission documents, adjustment filings, and any appointment notices. Presenting documentation at re‑screening appointments or encounters with immigration officers can help assert lawful status.

3. Work With Experienced Legal Counsel

Given the complexity of this new policy and how quickly it can be enforced, refugees and their families should consult immigration attorneys to ensure:

• Adjustment applications are filed correctly and on time

• They understand all reporting requirements

• Potential detention risks are identified and mitigated

Legal and Community Response

• The policy has generated legal challenges and public criticism. Some federal judges have already blocked similar ICE actions against refugees in regional enforcement operations, suggesting that nationwide implementation may face substantial legal scrutiny.

• Refugee advocacy groups argue that the policy undermines bipartisan trust in refugee resettlement programs and could deter refugees from seeking necessary benefits and legal protections.

• Some organizations have organized briefings and mobilized public‑comment campaigns to oppose the memo and educate affected communities.

Key Takeaways for Refugees and Their Families

This policy marks a major shift: refugees lawfully admitted could now face arrest and detention simply for not having a green card yet. Filing for adjustment of status early and accurately is now more important than ever. Documentation and legal planning are critical to protect your rights.

In Closing

The new DHS policy on refugee arrest and detention has widespread implications for refugees living in the U.S., their families, and their communities. As immigration law continues to evolve in 2026, proactive legal strategy and careful compliance with adjustment deadlines are essential to avoid detention risks and protect your path to permanent residency.

If you have questions about your specific situation — such as how and when to file for Adjustment of Status, or how to respond to re‑vetting directives — please contact our law firm for a personalized consultation.

Geofrey M. Law, LLC. Your 50-State Immigration Law Firm. For Immigration Advice You Can Trust.