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Original Date Announced
February 18, 2026ICE and USCIS leadership issued a joint memorandum titled "Detention of Refugees Who Have Failed to Adjust to Lawful Permanent Resident Status." The memorandum establishes a new detain-and-inspect policy for unadjusted refugees, requiring that one year after their admission to the U.S., a refugee must return to be returned to DHS custody for inspection and examination for admission as a lawful permanent resident. If the individual does not voluntarily return, DHS will return the individual to custody (including by arrest or detention). The memorandum states that DHS may maintain custody for the duration of the inspection and examination process. The memorandum additionally states without citation that "Refugee admission is expressly conditional and time-limited."
The memorandum notes that a 2010 memorandum on this topic from James Chaparro, which stated that failure by a refugee to obtain LPR status was not itself a basis for detention or removal, was rescinded by separate memo on December 18, 2025. but states that the February 18, 2026, memo rescinds the 2010 memorandum "anew."
The new memorandum was disclosed through litigation documents in U.H.A. v. Bondi, No. 0:26-cv-00417 (D. Minn.).
**Link to case here. See litigation note above**
Trump 2.0 [ID #2206]
2026.02.18 USCIS/ICE Memo - Detention of Refugees Who Have Failed to Adjust to LPR StatusCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: RefugeesAssociated or Derivative Policies
- January 9, 2026 USCIS and DHS launch Operation PARRIS targeting refugees
Pre Trump-Era Policies
Documents
Trump-Era Policy Documents
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