New DHS Memo Calls for the Detention of Refugees who have not filed for Lawful Permanent Residency After One Year in the US

On February 18, 2026, USCIS released a memo requiring the Department of Homeland Security (DHS) to detain refugees who have not applied for Lawful Permanent Residency (LPR status) or appeared for an interview after one year in the United States. According to this memo, refugees who have not applied for adjustment of status after this one-year period must appear before DHS for a mandatory “re-vetting” examination. This examination is meant to determine if refugees will remain in the US as Lawful Permanent Residents, should have their status terminated, or should be placed in immigration removal proceedings.

Any refugee who does not file for LPR status or voluntarily report to DHS for this inspection can be detained and placed into custody for an unspecified period. The memo states that detention will be indefinite and will last for the duration of the inspection and examination.

This memo unfortunately requires DHS to locate, arrest, and take into custody any refugee who has not applied for Lawful Permanent Residency or reported to DHS after this one-year period.

This news can be scary and difficult to navigate, but you are not alone. If you or anyone you know has refugee status and are interested in applying for legal permanent residency or are seeking legal help with your case, the lawyers at Bennett & Harker are ready to help. Please contact us if you’re interested in scheduling an in person or virtual consultation.