Trump administration orders arrests of refugees without green cards after one year in U.S.

WASHINGTON – The Department of Homeland Security has ordered federal immigration agents to arrest refugees who have not obtained green cards, marking a significant policy shift targeting individuals who entered the United States legally.

The directive was issued Wednesday in an internal memo from the heads of U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS). Officials argued the change will "ensure refugees are re-vetted after one year" and "promote public safety."

Under current regulations, refugees are required to apply for a green card after living in the U.S. for one year. The Trump administration on Dec. 18 rescinded a 2010 ICE guideline that previously prevented agents from using the failure to apply as a justification for detention.

The policy change creates a legal catch-22 for many. USCIS has already suspended the processing of all applications, including green cards, for individuals from countries deemed "high-risk."

This suspension effectively prevents refugees from nations included in President Trump’s travel ban, such as Somalia, from being approved for permanent residency.

A federal judge in Minnesota has already moved to temporarily block the detention of refugees in that state, labeling the government's legal arguments "nonsensical." Refugee advocacy groups have condemned the directive, calling it a deliberate attempt to strip refugees of their legal status.

The Trump administration’s latest directive represents far more than a routine administrative adjustment; it signals a fundamental shift in the treatment of refugees legally admitted to the United States. By transforming a standard filing deadline into a trigger for detention, the administration has effectively weaponized the immigration bureaucracy.

The policy creates what legal analysts describe as a "legal catch-22." While the government mandates that refugees apply for permanent residency (green cards) within one year of arrival, it has simultaneously suspended processing for individuals from designated "high-risk" nations. This procedural bottleneck renders compliance an impossibility for many, suggesting that the administration's stated "public safety" concerns may serve as a mere pretext for systemic exclusion.

This maneuver aligns with a broader executive strategy aimed at narrowing legal immigration pathways and fostering a climate of permanent insecurity for immigrant communities. The move follows a series of restrictive measures, including the drastic reduction of the annual refugee admission ceiling to a historic low of 7,500 and the controversial prioritization of specific groups, such as white South Africans.

The judiciary, however, is emerging as a critical firewall. A preliminary ruling by U.S. District Judge John Tunheim indicates that the courts may pose a significant hurdle to the implementation of these directives. The eventual resolution of this litigation will likely set a definitive precedent for the scope of refugee rights and due process in the United States for years to come.

While the article does not explicitly name our community, this policy creates a chilling effect across all refugee-based populations, including Vietnamese-Americans. It sets a dangerous precedent, suggesting that legal status is increasingly fragile even for those who entered the country through proper channels. From the hubs of Little Saigon to the family-run nail salons and phở restaurants that define our local economies, families are now feeling the pressure to scrutinize their paperwork and the status of their relatives. Whether navigating an F2B family preference petition, an H-1B work visa, or an EB-5 investment, the fear is that a routine administrative delay—often a result of government backlogs—could now lead to the devastating reality of detention. This shift will undoubtedly place a heavy burden on community legal aid organizations as families seek to protect their futures and the vital remittances sent back home.