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DHS Orders Arrest of Refugees with Asylum After 1 Year in U.S.

New policy allows indefinite detention of thousands of legal refugees, including Cubans with approved asylum. Rights groups call it a betrayal.

Aroma de Cuba · · 5 min read
Refugee family in waiting room with ICE officers in background, depicting new DHS detention policy

The U.S. Department of Homeland Security (DHS) published a memo on Wednesday, February 19, allowing the arrest and indefinite detention of legal refugees —including Cubans with approved asylum cases— who have been in the country for more than a year and have not yet obtained permanent residence.

The directive, signed by Joseph Edlow (USCIS director) and Todd Lyons (acting ICE director), breaks with decades of immigration policy and opens the door to detaining thousands of people who entered legally under refugee and asylum programs.

Who is affected?

The new policy targets refugees who:

  • Have been in the United States for more than 1 year
  • Do not yet have permanent residence (green card)
  • Entered during the Biden administration (2021-2024)

This includes:

  • Afghans evacuated after the fall of Kabul
  • Latin American refugees (Venezuela, Cuba, Nicaragua, Honduras, Guatemala, El Salvador)
  • Russian, Ukrainian, and other families with approved asylum

Impact on Cubans with asylum

Many Cubans who won their asylum cases are at risk. According to CiberCuba reports, ICE has attempted to deport Cubans even after winning legal protection, and now this policy gives them a new tool to arrest and detain them without a clear time limit.

A Cuban with approved asylum but no green card (pending status adjustment) can be:

  1. Arrested by ICE at any time
  2. Detained for weeks or months
  3. Subjected to an arbitrary “security reverification”
  4. Deported to a third country if DHS determines they no longer qualify

Bureaucratic limbo: DHS froze green cards

The problem is compounded because since November 2025, DHS suspended processing permanent residence applications for refugees. This means thousands of people are trapped:

  • They already have approved asylum or refugee status ✅
  • They applied for their green card ✅
  • But DHS doesn’t process their applications ❌
  • And now they can be arrested for NOT having a green card ❌

It’s a vicious circle designed to trap people who followed the rules to the letter.

Concrete cases: Minnesota and Texas

Minnesota

Dozens of refugees (Afghans, Somalis, Russians) were arrested by ICE despite having approved asylum. A federal judge issued a temporary order blocking these detentions until February 25, but the Trump administration appealed.

Texas

A Russian family that complained of mistreatment at an ICE detention center was released today after 4 months detained —including young children who became ill during confinement.

What DHS says

In the 10-page memo, Edlow and Lyons argue that refugees must undergo a new “inspection and examination for admission as a permanent resident.”

According to DHS:

  • 42% of the 31,000 Latin American refugees admitted between 2021-2024 were “insufficiently vetted”
  • “Reverification” is necessary for “thorough vetting”
  • Detention is “reasonable” and “not indefinite”

They provide no details about what “insufficiently vetted” means or how long detention lasts.

Reaction from human rights organizations

HIAS (Jewish organization assisting refugees):

“This is a transparent effort to detain and potentially deport thousands of people who are legally present in this country, people the U.S. government itself welcomed.”

Global Refuge:

“It replaces longstanding guidance that limited detention with an expansive and vague power to maintain custody for an indefinite duration.”

AfghanEvac (organization that helped evacuate Afghan allies):

“An imprudent policy change that breaks trust in the U.S. asylum system.”

What does the law say?

The Refugee Act of 1980 establishes that refugees have the right to adjust their status to permanent resident after one year in the United States. The law does NOT mention detention as part of that process.

A 2010 DHS memo —in effect until December 2024— established that detention could only last 48 hours to decide whether to release or initiate deportation.

The Trump administration rescinded that memo on December 18, 2025, without public announcement, and now claims authority to detain without a clear limit.

No previous administration —not even Trump 1.0— had claimed this power.

Next steps

This Thursday, February 20, there is a key hearing in Minnesota to decide whether to extend the detention ban beyond February 25.

If the judge rules in favor of DHS, mass detentions could begin immediately nationwide.

What can affected refugees do?

  1. Consult with an immigration attorney immediately

  2. Do not sign anything without legal assistance

  3. Document all contact with ICE

  4. Contact aid organizations:

  5. If arrested: exercise your right to remain silent, request a lawyer, DO NOT sign voluntary departure

Context: Trump and the war on asylum

This policy is part of a broader Trump administration strategy to dismantle the U.S. asylum system:

  • Record deportations of Cubans (1,669 in Trump 2.0’s first year)
  • Suspension of the humanitarian parole program (CHNV)
  • Freezing of visa processing for Cuba
  • Pressure on third countries to stop migrants

The message is clear: even with approved asylum, you’re not safe.

Sources:

Frequently Asked Questions

Who does the new DHS policy on refugees affect?
It affects LEGAL refugees who have been in the United States for more than one year but have not yet obtained permanent residence (green card). This includes thousands of Cubans with approved asylum cases waiting to adjust their status.
How long can a refugee be detained under this policy?
DHS claims detention is not 'indefinite' but also not 'limited to 48 hours.' There is no clear time limit, meaning people can be held for weeks or months during the 'reverification' process.
Is this policy legal? Has any judge blocked it?
A federal judge in Minnesota issued a temporary order blocking these detentions until February 25, 2026. Human rights organizations argue that no previous administration, not even Trump's first term, claimed this authority.
Why did DHS freeze green card processing for refugees?
Since November 2025, DHS suspended processing of permanent residence applications for refugees, creating bureaucratic limbo. Many refugees are stuck waiting for their green card, which now makes them vulnerable to detention under the new policy.
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