A sweeping new directive from the US Department of Homeland Security (DHS) could result in the arrest and indefinite detention of thousands of refugees who were legally admitted to the United States but have not yet secured permanent residency.

According to documents first reported by the Washington Post and later obtained by CNN, the Trump administration has authorised federal immigration officers to detain refugees who have not applied for a green card within one year of their arrival – a striking reversal of long-standing policy under the Obama administration.

A federal judge in Minnesota had recently blocked similar detention efforts, but the DHS memo directly contradicts that ruling, escalating an already contentious legal battle.

Policy reversal and expanded detention powers

The DHS memo states that refugees’ admission to the US is “conditional and subject to a mandatory review after one year,” asserting that immigration officers “can and should” detain those who have yet to pursue permanent residence. Once in custody, refugees may remain detained “for the duration of the inspection and examination process,” with no fixed time limit outlined.

This marks a clear departure from a 2010 policy issued under the Obama administration, which found that failing to apply for permanent residency within a year was not sufficient cause for arrest.

The new directive forms part of what officials described as Operation Parris – post-admission refugee reverification and integrity strengthening – an initiative targeting some 5,600 refugees in Minnesota for new background checks and “intensive verification of refugee claims.”

Legal clash in Minnesota

The memo was filed in an ongoing case in Minnesota, where US District Judge John Tunheim last month halted the detention of refugees awaiting green cards and ordered the release of more than 100 individuals arrested by Immigration and Customs Enforcement.

In his ruling, Tunheim wrote: “Refugees have a legal right to be in the United States, a right to work, a right to live peacefully,” describing the detentions as unlawful and traumatising.

He reaffirmed that while the government may review refugee status, it must do so “without arresting and detaining refugees,” noting that those affected had already undergone “rigorous background checks and vetting.”

Advocacy groups warn of far-reaching consequences

Refugee and humanitarian organisations have condemned the policy as a fundamental breach of trust and legal precedent.

The International Refugee Assistance Project (IRAP) warned that the directive represents “a dramatic break with past practices” and could expose thousands to detention without clear time limits.

Christian humanitarian group World Relief, which supports refugee families in Minnesota, called the move an “unprecedented reversal of decades-long interpretation of refugee law.”

Its chief executive, Myal Greene, said: “The character of a nation is revealed in how it honours its commitments and how it treats the most vulnerable. Today, we have failed on both counts.”

Part of wider immigration crackdown

The order surfaces amid an intensifying immigration crackdown under Donald Trump, whose administration has sharply reduced refugee admissions. In fiscal year 2026, the cap is set at 7,500 – a fraction of the more than 100,000 admitted annually under Joe Biden.

Officials recently disclosed that US Citizenship and Immigration Services plans to spend an estimated $38.3bn to purchase and retrofit warehouses nationwide for use as detention centres.

Public support for Trump's handling of immigration has also fallen, with a Quinnipiac poll showing approval dropping to 38% in February, down from 44% in December.

Judge Tunheim is set to hear further arguments in the Minnesota case, which is expected to determine whether DHS may proceed with the enforcement of its new policy.

(With AFP inputs)