The U.S. Department of Homeland Security (DHS) has announced a sweeping policy change that will require the detention of certain refugees who fail to apply for lawful permanent resident (LPR) status after one year in the United States, marking a significant shift in post-admission immigration enforcement.
In a memorandum dated February 18, 2026, Joseph B. Edlow, Director of U.S. Citizenship and Immigration Services (USCIS), and Todd M. Lyons, Senior Official Performing the Duties of the Director of U.S. Immigration and Customs Enforcement (ICE), outlined new enforcement guidelines targeting refugees who have not adjusted their status as required under federal law. The memo states that, to the extent any prior guidance conflicts with the new directive, the new policy will control.
Under Section 209 of the Immigration and Nationality Act (INA), refugees admitted to the United States are granted conditional status. After one year of physical presence, they are required to apply for adjustment of status to become lawful permanent residents. DHS emphasized that this one-year review is mandatory, not discretionary. Refugees must either voluntarily return to DHS custody by filing their adjustment application and appearing at scheduled interviews and appointments, or they will be located, arrested, and detained for inspection and examination.
The memorandum clarifies that “custody” in this context means detention and may last for the reasonable period necessary to complete admissibility determinations. During this inspection process, DHS will determine whether the individual qualifies for adjustment to LPR status, should have refugee status terminated, or should be placed in removal proceedings. Officials stressed that the detention is not indefinite but is also not limited to 48 hours, as some prior practices suggested.
The new directive formally rescinds earlier guidance, including a 2010 memorandum that treated failure to adjust status as insufficient grounds for detention or removal. Under the previous framework, if an unadjusted refugee was arrested, DHS had 48 hours to either release the individual or initiate removal proceedings by issuing a Notice to Appear. Simply failing to apply for permanent residence did not automatically trigger prolonged detention. DHS rescinded that guidance in December 2025 and reaffirmed its decision in this latest memorandum, stating that prior policies resulted in incomplete implementation of statutory requirements and created public safety and national security risks.
DHS cites statutory authority under INA § 209(a)(1), which provides that refugees who have not adjusted status after one year “shall… return or be returned” to DHS custody for inspection in accordance with INA §§ 235, 240, and 241. The department argues that Congress explicitly linked the refugee reinspection process to the same detention-and-inspection framework that applies to other applicants for admission, reinforcing that detention during this process is both authorized and expected. The memo also references federal court decisions recognizing DHS’s authority to detain unadjusted refugees pending admissibility determinations.
The policy shift is largely justified on grounds of national security, public safety, fraud prevention, and compliance with statutory mandates. According to a review by USCIS’s Fraud Detection and National Security unit of 31,000 refugees admitted from Ecuador, El Salvador, Guatemala, Honduras, and Venezuela between 2021 and 2024, 10 percent had evidence of public safety concerns, including possible gang affiliations, that were not addressed. More than 42 percent were described as insufficiently vetted due to difficulties verifying identity, and fewer than 47 percent could be conclusively determined not to pose public safety risks. DHS officials said these findings demonstrate significant gaps in post-admission screening and underscore the need for mandatory reinspection.
The memorandum also addresses potential reliance interests, acknowledging that some refugees may have believed that failing to apply for adjustment or missing required inspections would not result in detention under earlier guidance. DHS recognized that arrests and detention could result in financial hardship, disruption to employment, unmet family obligations, or delays in securing legal representation. However, the department concluded that any such reliance is outweighed by the clear statutory language requiring refugees to return or be returned to custody after one year and by the public interest in thorough vetting to protect national security and public safety.
DHS noted that refugees are informed upon admission that they must apply for adjustment of status after one year, including through USCIS website guidance, notices provided at ports of entry, and assistance from nonprofit resettlement agencies operating under agreements with the U.S. Department of State. The agency stated that refugees are responsible for knowledge of these legal requirements.
Under the updated policy, refugees who fail to file for adjustment of status or fail to appear for required inspection and examination will be arrested and detained for reinspection. Detention will continue for the reasonable time necessary to determine admissibility. Individuals found ineligible for admission as lawful permanent residents may have their refugee status terminated and may be placed into removal proceedings.
DHS described the directive as a department-wide effort to fully implement the requirements of INA § 209, close security gaps, and ensure complete post-admission vetting of refugees. The policy takes immediate effect and supersedes any prior memoranda or operational guidance that conflict with its provisions.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
