DHS Authorizes ICE to Detain Legal Refugees for Aggressive “Re-screening”

A memo obtained by several media outlets confirms that the Department of Homeland Security has rescinded 2010 guidance that barred Immigration and Customs Enforcement (ICE) from arresting refugees solely because they had not yet applied for lawful-permanent-resident (green-card) status. Effective immediately, ICE officers are instructed to detain any refugee who has been in the United States for one year or more and place that person in custody while their case is “re-vetted.”

The move—nick-named “Operation PARRIS” after a pilot surge in Minnesota—could place tens of thousands of people who entered the country legally into detention centers that are already near capacity. Refugees typically cannot submit their green-card paperwork until they have lived in the United States for twelve months; advocates argue that turning that administrative deadline into a basis for arrest violates both long-standing practice and constitutional protections against unreasonable seizures. A federal judge in Minnesota has already issued a temporary restraining order blocking arrests in that state, calling the policy “likely unlawful.”



For employers, universities and faith-based groups that sponsor or employ refugees, the policy introduces significant uncertainty. Human-resources departments may need contingency plans if key employees are suddenly detained. Attorneys recommend that refugees file their adjustment-of-status applications as soon as they reach the one-year mark and carry proof of filing at all times. Sponsors should also review internal travel-ban and ID-badge policies to ensure detained workers can regain facility access if released on bond.

The administration insists the change merely enforces the Immigration and Nationality Act’s requirement that refugee status be reviewed after one year. Critics counter that the INA contemplates a paper review, not imprisonment, and note that the same memo instructs ICE field offices to convert vacant warehouses into short-term holding facilities. Several lawsuits are now moving forward that could set nationwide precedent within weeks.

In the short term, global-mobility managers should flag all employees in refugee status for individual legal check-ups and be prepared for sudden travel or work interruptions. If the policy survives court scrutiny, companies will need to build longer lead-times into assignment planning for any hires who originally entered as refugees.