New Federal Policy on Refugee Green Cards and Detention: What Refugees in the U.S. Need to Know in 2026

On February 18, 2026, the U.S. Department of Justice filed a memorandum in federal court revealing a newly issued internal policy from USCIS and ICE titled “Detention of Refugees Who Have Failed to Adjust to Lawful Permanent Resident Status.” This memo was submitted in the federal case U.H.A. v. Bondi and provides insight into how immigration authorities are reviewing refugee adjustment cases.

The source memo can be reviewed here:

This development has raised questions among refugees and their families about whether refugees without green cards can be detained and what steps they should take to protect their legal status.

Under U.S. immigration law, refugees are required to apply for lawful permanent residence, commonly known as a green card, after one year of physical presence in the United States under INA §209(a). However, many refugees experience delays due to USCIS backlogs, security checks, prior immigration history, or legal admissibility issues.

Historically, refugees remained in lawful status while their adjustment applications were pending or even if they had not yet filed, and failure to adjust alone was not typically treated as an automatic basis for detention.

This newly disclosed policy suggests that immigration agencies are now placing increased focus on refugees who have not completed the adjustment process. While the memo itself does not change the law or automatically result in detention, it signals that adjustment compliance is receiving closer scrutiny.

It is critical to understand that refugees still have the legal right to apply for permanent residence and remain protected under U.S. immigration law. This policy does not cancel refugee status or eliminate eligibility for a green card. However, it highlights the importance of addressing adjustment status proactively and ensuring that applications are properly filed and monitored.

If you entered the United States as a refugee and have not yet received your green card, it is important to have your case reviewed. Each situation is different, and early legal guidance can help prevent complications and protect your future in the United States.

At Sverdloff Law Group, we assist refugees, asylees, and immigrants nationwide with adjustment of status, green card applications, and protection of their legal rights.

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