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03/31/2026

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03/31/2026
LAWIN.news

ICE detention authority extended to include legal refugees

by LAWIN.news February 19, 2026
written by LAWIN.news February 19, 2026
Photo credit: ACLU
85

 

The Trump administration expanded the authority of U.S. Immigration and Customs Enforcement (ICE) to detain certain refugees who entered the United States legally.

The change affects refugees who have been admitted lawfully but have not yet received permanent resident status, also known as green cards.

The memo directs ICE to treat this group of refugees as subject to possible detention and closer review. The policy forms part of a wider effort within the administration to increase scrutiny of legal immigration processes. The document indicates that immigration officials may detain refugees who were already vetted and admitted under existing U.S. refugee admission procedures but remain in a temporary status before gaining permanent residency.

Refugees entering the U.S. undergo several stages of processing. They receive admission after security checks and eligibility screening. They then remain under refugee status for a set period before they can apply for lawful permanent residence. The memo shows that ICE now has broader power to intervene during this interim phase.

The internal government document states that this change aligns with a push by the administration to revisit and reexamine various legal immigration categories. It places refugees without green cards in a group that can face detention while their cases receive additional review. The instructions give ICE discretion under existing statutory authority to detain or release individuals based on case-by-case evaluations.

 

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