If you are a refugee in the United States who has not yet received your green card, you may be at risk of ICE arrest and detention — starting now. A new Trump administration internal policy memo, issued in February 2026, directs Immigration and Customs Enforcement to treat refugees with pending adjustment of status applications as enforcement priorities and authorizes their detention. This is an unprecedented reversal of decades of U.S. refugee policy, and it is already putting tens of thousands of families in danger.
This article explains what changed, who is affected, what your legal rights are, and exactly what you need to do today to protect yourself and your family.
Do not wait. If you are a refugee with a pending green card application, call our office immediately at (818) 900-5707 for an emergency consultation. The law provides powerful defenses — but they must be invoked quickly, and they require an experienced immigration attorney.
What to Do Right Now — Emergency Action Steps for Refugees
If you are a refugee with a pending or unfiled adjustment of status application, take these steps immediately — do not wait:
- Call an immigration attorney today. This is the single most important step. The legal landscape is shifting daily. An attorney can assess your specific situation, advise on filing or strengthening your I-485, and put protections in place before ICE knocks on your door. Call our office at (818) 900-5707 for emergency consultation availability.
- If you have not filed your I-485, file it as soon as possible. While a pending application is not guaranteed protection under the new policy, it is an important part of your legal posture and preserves your right to seek adjustment as a defense in removal proceedings.
- Gather and secure your documents. Keep copies of your refugee travel document, I-94 arrival record, Employment Authorization Document (EAD), any USCIS notices, and all other immigration paperwork in a safe place that a family member can access.
- Know your rights if ICE comes. You have the right to remain silent. You do not have to answer questions about where you were born or how you entered the country. You have the right to speak to an attorney before answering any questions. Do not sign any documents without an attorney reviewing them first.
- Designate someone to take care of your children. If you have U.S. citizen or lawful resident children, prepare a power of attorney designating a trusted adult to care for them if you are detained.
- Write down your attorney’s phone number. Keep it with you at all times. Our number is (818) 900-5707.
- Contact your resettlement agency. Refugee resettlement agencies are aware of this crisis and may be able to connect you with legal resources, emergency funds, and advocacy support.
- Do not miss any immigration appointments or deadlines. Failing to appear for immigration court or USCIS appointments can result in an order of removal in absentia — making your situation far worse.
If you or a family member has already been detained by ICE, call us immediately at (818) 900-5707. Emergency legal intervention — bond hearings, motions to the immigration court, and federal habeas petitions — must be filed quickly. Every hour matters.
The New 2026 Trump Administration Refugee Detention Policy — What Changed
The February 2026 DHS Policy Memo
In February 2026, the Trump administration issued an internal DHS memorandum directing ICE to treat refugees who entered the United States during the Biden administration as enforcement priorities. The memo — described in reporting as a DHS internal memorandum, February 2026, directing detention of refugees with pending adjustment applications — instructs Immigration and Customs Enforcement and Enforcement and Removal Operations (ERO) that a pending I-485 adjustment of status application under INA § 209 does not shield a refugee from civil immigration arrest and detention.
This is a fundamental break from all prior practice. Under every previous administration, refugees with pending adjustment applications were never subject to civil immigration detention. The pending adjustment itself was treated as a stabilizing status that shielded refugees from enforcement action. That protection has now been eliminated by executive memo.
Who Is Affected
According to refugee resettlement organizations tracking the policy, the memo potentially affects tens of thousands of refugees who:
- Were admitted to the United States as refugees under INA § 207 during the Biden administration (2021–2025)
- Have filed or are eligible to file for adjustment of status under INA § 209(a)
- Have not yet received their lawful permanent resident (green card) status
Refugees from Afghanistan, Democratic Republic of Congo, Syria, Myanmar, Ukraine, and dozens of other countries who came through official U.S. resettlement programs are among those at risk. Arrests have already begun in some jurisdictions, according to reports from refugee resettlement organizations sounding the alarm nationwide.
Why This Policy Is Legally Contested
Immigration law experts and refugee advocates argue that this policy:
- Violates the statutory framework of the Refugee Act of 1980 and INA § 209
- Conflicts with U.S. non-refoulement obligations under INA § 241(b)(3) — the domestic implementation of international refugee protection principles
- Raises serious due process concerns under the Fifth Amendment
- May exceed executive authority without congressional action
Litigation is expected and may already be underway. However, litigation does not protect you automatically. You need individual legal representation to assert your rights.
What Is Refugee Status — and How Is It Different from Asylum?
Refugees are individuals granted protection before they arrive in the United States under INA § 207, 8 U.S.C. § 1157 — they were vetted, approved, and invited by the U.S. government. Refugees are lawfully admitted. They are not undocumented. They did not cross the border illegally.
Asylum, by contrast, is sought by individuals already in the United States or arriving at a port of entry, under INA § 208. The 2026 detention policy specifically targets refugees admitted under INA § 207 — the most thoroughly vetted immigrants in the country. Asylees with pending I-485 applications face a similar risk profile and should also consult an attorney immediately.
What Happens If a Refugee Is Detained — Step by Step
If ICE arrests you, here is what the process typically looks like and what rights you have at each stage:
- Arrest and Booking: ICE arrests you, takes you into custody, and processes you. You will be taken to an ICE detention facility or a local jail contracted to hold immigration detainees. You have the right to remain silent. Do not answer questions about your immigration history without an attorney present.
- Notice to Appear (NTA): ICE will serve you with a Notice to Appear (Form I-862), which formally initiates removal proceedings against you and charges you as removable under the INA.
- Custody Determination and Bond Hearing: Initially, an ICE officer makes a custody determination under 8 C.F.R. § 236.1. Under INA § 236(a) (discretionary detention), you may be detained or released on bond or conditional parole. If no bond is set or the bond is unaffordable, you can request a bond hearing before an immigration judge. Important exception: Under INA § 236(c), certain individuals with specific criminal convictions are subject to mandatory detention without bond. If the government attempts to apply mandatory detention, you cannot get a bond hearing — though you may still challenge the mandatory detention classification. Your attorney must evaluate whether § 236(a) or § 236(c) applies to you.
- Initial Hearing (Master Calendar): Your first immigration court hearing is called a Master Calendar hearing. This is where you enter a plea to the charges in the NTA and schedule future hearings. You should have an attorney by this point.
- Individual Merits Hearing: At a full merits hearing, you present your defenses — adjustment of status, withholding of removal, protection under the Convention Against Torture, or other relief. This is the most critical stage.
- Decision and Appeal: The immigration judge issues a decision. If the decision goes against you, you may appeal to the BIA and, if necessary, to the federal circuit courts of appeal.
Every stage of this process is better navigated with an attorney. Unrepresented detained individuals face dramatically worse outcomes than those with counsel.
Bond Hearings for Detained Refugees — Your Right to Fight Detention
You Have the Right to Request a Bond Hearing (Under INA § 236(a))
If you are detained under INA § 236(a), you have the right to request a bond hearing before an immigration judge. The standard for bond is governed by Matter of Guerra, 24 I&N Dec. 37 (BIA 2006), which identifies factors immigration judges consider, including:
- Whether the individual has a fixed address in the United States
- Length of residence in the United States
- Family ties in the United States
- Employment history
- Record of appearances at immigration proceedings
- Criminal history (or absence thereof)
- Any prior immigration violations
Most refugees admitted through official channels — who have been living in the U.S. for one to two years, are employed, have community ties, and have complied with all legal requirements — present strong bond profiles. An attorney can significantly increase the likelihood of release on bond.
The Impact of Jennings v. Rodriguez (2018) on Bond Hearings
The Supreme Court’s decision in Jennings v. Rodriguez, 583 U.S. 281 (2018) significantly narrowed the automatic right to periodic bond hearings for prolonged detention. The Court held that the immigration statutes at issue do not require the government to provide periodic bond hearings to individuals detained for extended periods under INA §§ 1225(b), 1226(a), and 1226(c). This means that unlike what many detainees expect, there is no automatic right to a bond hearing simply because detention has lasted many months.
After Jennings, the primary remedy for individuals who believe their prolonged detention is unlawful is a petition for writ of habeas corpus under 28 U.S.C. § 2241 filed in federal district court. If ICE has detained you for an extended period without adequate legal justification, habeas remains a powerful tool.
Additionally, Jennings created a circuit split on who bears the burden of proof at bond hearings. In some circuits, the government must prove you are a danger or flight risk. In others, the detainee bears the burden of proving they are not. Your attorney must know which circuit’s rules apply to your detention location.
Bond Hearing Procedures: 8 C.F.R. § 1003.19
Bond hearings are governed by 8 C.F.R. § 1003.19. An immigration judge has authority to set, reduce, or eliminate bond. Bond determinations can be appealed to the Board of Immigration Appeals (BIA). Emergency motions can be filed if there are urgent circumstances.
What If Bond Is Denied or Set Too High?
If bond is denied or set at an amount you cannot pay, additional legal options exist, including appeal to the BIA and, in appropriate cases, a petition for writ of habeas corpus in federal district court under 28 U.S.C. § 2241. A habeas petition challenges the lawfulness of detention itself and can be a powerful emergency tool — particularly given the Supreme Court’s recognition in Zadvydas v. Davis, 533 U.S. 678 (2001), that indefinite detention is unconstitutional where removal is not reasonably foreseeable.
Legal Defenses Available to Detained Refugees
The good news — and this is critical — is that refugees have multiple powerful legal defenses that other detained immigrants do not have. None of these defenses are automatic. They must be properly raised by a qualified attorney. But they are real, and they can stop a deportation.
Defense 1: Adjustment of Status Under INA § 209
Under INA § 209(a), 8 U.S.C. § 1159(a), and 8 C.F.R. § 209.1, refugees who have been physically present in the United States for at least one year after admission must apply to have their status adjusted to lawful permanent resident (green card holder). This is both a legal requirement and a right.
The one-year filing requirement under INA § 209(a)(1) is important to meet. However, USCIS has historically exercised broad discretion in accepting late-filed applications, and missing the deadline does not carry the same rigid bar as the one-year asylum deadline. If you have not yet filed, file as soon as possible.
Importantly, under INA § 209(c), USCIS has broad authority to waive grounds of inadmissibility for refugees seeking adjustment of status — including many grounds that would otherwise bar a green card. This is a significant benefit specific to refugees. Even if a pending I-485 alone may not prevent ICE enforcement under the new policy, it remains an essential part of your legal posture and preserves your right to seek adjustment as a defense in removal proceedings.
Defense 2: Withholding of Removal Under INA § 241(b)(3)
Under INA § 241(b)(3), 8 U.S.C. § 1231(b)(3), a noncitizen cannot be removed to a country where their life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion. This is the domestic statutory implementation of non-refoulement protection. Unlike asylum, withholding of removal has no one-year filing bar and applies even to individuals with certain criminal convictions that would bar asylum.
Defense 3: Convention Against Torture (CAT) Protection
Under Article 3 of the Convention Against Torture (CAT), implemented through 8 C.F.R. § 1208.16–1208.18, no person may be removed to a country where they face a substantial risk of torture by or with the acquiescence of government officials. CAT protection is separate from asylum and withholding and does not require showing persecution on a protected ground.
Defense 4: Habeas Corpus Under 28 U.S.C. § 2241
If other avenues fail or if detention itself is unlawful, a petition for writ of habeas corpus filed in federal district court under 28 U.S.C. § 2241 can challenge the legality of detention. This is particularly powerful where removal is not reasonably foreseeable (invoking Zadvydas v. Davis) or where the detention lacks a valid legal basis. Following Jennings v. Rodriguez, habeas under § 2241 is the primary vehicle for challenging prolonged detention.
Defense 5: Constitutional Due Process
The Fifth Amendment’s Due Process Clause applies to all persons in the United States, regardless of immigration status. Where the government’s actions in detaining refugees lack adequate procedural safeguards or are based on an unlawfully issued memo, constitutional challenges may be available in federal court.
A Note on Non-Refoulement and International Law
The United States is bound by the 1951 Refugee Convention and its 1967 Protocol through the principle of non-refoulement. However, U.S. courts have consistently held that the 1951 Refugee Convention is not self-executing and does not create individually enforceable rights in U.S. courts. The operative domestic legal tool is INA § 241(b)(3) — withholding of removal — which is the congressional implementation of non-refoulement. Your attorney should raise INA § 241(b)(3), not merely the international convention, in immigration court proceedings.
Why You Need an Immigration Attorney Right Now — Not Tomorrow
We understand you may be scared. You may be wondering whether you have done anything wrong. You have not. You came to the United States legally, through the proper channels, because the U.S. government recognized that your life was in danger. You have followed the rules.
But the rules are being rewritten right now, by executive memo, and the consequences of being unprepared are devastating — detention, separation from your family, and potential return to the country you fled.
Here is what an experienced immigration attorney can do for you right now:
- Evaluate whether you are at immediate risk under the new policy
- File or strengthen your I-485 adjustment application under INA § 209 to preserve your right to a green card
- Prepare a bond package in advance so that if you are detained, we can move for immediate release
- Identify all defenses available to you — adjustment, withholding under INA § 241(b)(3), CAT, habeas corpus
- Advise your family on what to do if you are arrested
- Represent you at bond hearings, removal proceedings, and in federal court if necessary
- Monitor litigation challenging this policy and advise you on how it may affect your case
This is not a situation where waiting to see what happens is a safe choice. ICE is making arrests now. The time to act is before a detention happens, not after.
Call our office today at (818) 900-5707. We are taking emergency consultations for refugees affected by the 2026 detention policy.
You can also contact us online at RECEPTION@elrlawgroup.com to request an emergency consultation form.
Sources
- Immigration and Nationality Act § 207, 8 U.S.C. § 1157 — Refugee Admissions
- Immigration and Nationality Act § 208, 8 U.S.C. § 1158 — Asylum
- Immigration and Nationality Act § 209, 8 U.S.C. § 1159 — Adjustment of Status for Refugees (INA § 207(c)(3) waivers of inadmissibility for refugees)
- Immigration and Nationality Act § 212(d)(5), 8 U.S.C. § 1182(d)(5) — Parole Authority
- Immigration and Nationality Act § 236, 8 U.S.C. § 1226 — Detention of Aliens; 8 C.F.R. § 236.1 — Custody Determinations
- Immigration and Nationality Act § 241(b)(3), 8 U.S.C. § 1231(b)(3) — Withholding of Removal (domestic implementation of non-refoulement)
- Refugee Act of 1980, Pub. L. 96-212
- 8 C.F.R. § 209.1 — Adjustment of Refugee Status
- 8 C.F.R. § 1003.19 — Bond Hearing Procedures
- 28 U.S.C. § 2241 — Habeas Corpus
- Zadvydas v. Davis, 533 U.S. 678 (2001) — Fifth Amendment due process limits on indefinite immigration detention
- Jennings v. Rodriguez, 583 U.S. 281 (2018) — Supreme Court narrowed automatic periodic bond hearing rights; habeas under 28 U.S.C. § 2241 remains the primary remedy for prolonged detention
- Matter of Guerra, 24 I&N Dec. 37 (BIA 2006) — Bond hearing standards
- DHS Internal Memorandum, February 2026, directing detention of refugees with pending adjustment applications
- Convention Relating to the Status of Refugees (1951), Article 33 — Non-refoulement (note: not self-executing in U.S. courts; INA § 241(b)(3) is the operative domestic remedy)
- Protocol Relating to the Status of Refugees (1967)
- Convention Against Torture, Article 3; 8 C.F.R. §§ 1208.16–1208.18
- UNHCR Executive Committee Conclusion No. 44 (1986) — Detention of Refugees and Asylum Seekers
- USCIS: Green Card for Refugees
Frequently Asked Questions: Refugee Detention and ICE in 2026
Can ICE detain me even though I am a legal refugee?
Yes, under the new February 2026 DHS policy memo, the Trump administration has authorized ICE to detain refugees with pending adjustment of status applications. This is a departure from all prior practice, and its legality is being challenged. However, you should treat this as a real and immediate risk and consult an attorney now.
Will I be deported if I am detained?
Detention does not automatically mean deportation. You have the right to a hearing before an immigration judge. You have the right to present defenses — including adjustment of status under INA § 209, withholding of removal under INA § 241(b)(3), and protection under the Convention Against Torture. With strong legal representation, many detained refugees are released on bond and ultimately receive their green cards. But you need an attorney to make this happen.
What is INA § 209 and why does it matter for refugees?
INA § 209 is the law that allows refugees to apply for a green card (lawful permanent residence) after one year in the United States. It is the primary pathway refugees use to secure permanent legal status. If you have not filed your I-485 adjustment application under § 209, you should do so immediately. Under INA § 209(c), USCIS also has broad waiver authority for grounds of inadmissibility specific to refugees — an important benefit your attorney should know to invoke.
Do I have the right to a bond hearing if I am detained?
Under INA § 236(a), most detained individuals have the right to request a bond hearing before an immigration judge. However, under INA § 236(c), certain individuals with specific criminal histories face mandatory detention without bond. After Jennings v. Rodriguez (2018), there is no automatic right to periodic bond hearings based solely on the length of detention — habeas corpus under 28 U.S.C. § 2241 is the primary remedy for challenging prolonged detention. An attorney must assess which detention category applies to your case.
What is non-refoulement and does it protect me?
Non-refoulement is the international legal principle prohibiting return of a refugee to persecution. In U.S. courts, the operative protection is withholding of removal under INA § 241(b)(3) — which is Congress’s domestic implementation of the non-refoulement obligation. Courts have held the 1951 Refugee Convention is not self-executing in U.S. courts, so your attorney should raise INA § 241(b)(3) as the legal argument, not merely the international convention. This is a powerful protection against removal.
What happens to my children if I am detained?
If your children are U.S. citizens or lawful residents, they will not be automatically detained. Take steps now to designate a trusted adult to care for your children through a notarized power of attorney. The situation for your children’s care can also be raised in a bond hearing as a factor supporting release.
Can I still get a green card if I am detained?
Yes. Even if you are detained and placed in removal proceedings, you may apply for adjustment of status under INA § 209 as a defense before the immigration judge. If granted, the removal case is terminated and you become a lawful permanent resident. This is one reason why having a strong I-485 application — and an attorney to present it — is so critical.
What is the difference between refugee status and asylum?
Refugees are granted protection before arriving in the U.S. through an overseas vetting process under INA § 207. Asylees are individuals who apply for protection after arriving in the U.S. under INA § 208. Both statuses are based on the same underlying fear of persecution, but they follow different legal processes. Asylees with pending I-485 applications face similar risks under the 2026 policy and should also consult an attorney immediately.
What is habeas corpus and can it help me if I am detained?
A petition for writ of habeas corpus, filed in federal district court under 28 U.S.C. § 2241, challenges the lawfulness of your detention. After Jennings v. Rodriguez (2018), habeas is the primary remedy for challenging prolonged immigration detention. Under Zadvydas v. Davis (2001), the Supreme Court held that indefinite detention is unconstitutional where removal is not reasonably foreseeable — grounded in the Fifth Amendment’s due process protections. For refugees who cannot be safely returned to their country, this creates a direct path to challenging continued detention.
What should I do right now if I am a refugee waiting on my green card?
Call an immigration attorney today at (818) 900-5707. File your I-485 if you have not already. Gather all your immigration documents. Prepare a plan for your family. Know your rights if ICE approaches you. Do not delay — the arrests have already begun.
Get Emergency Legal Help Now
If you are a refugee with a pending green card application, do not wait to see what happens. ICE is making arrests now. The time to protect yourself is before a detention occurs — not after.
Our immigration law firm has experience representing refugees, detained individuals, and clients in removal proceedings. We understand the stakes. We know the law. And we are ready to help you right now.
We are offering emergency consultations for refugees affected by the 2026 detention policy.
Call us immediately at (818) 900-5707. Tell us your situation. Let us help you understand your rights and take immediate action to protect your status, your freedom, and your family.
You can also contact us at RECEPTION@elrlawgroup.com to request an emergency consultation.
Do not talk to ICE without an attorney. Do not sign anything without an attorney. Call us first.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex, fact-specific, and changes rapidly. Nothing in this article creates an attorney-client relationship. The information here reflects general legal principles and publicly available information as of February 2026. For advice specific to your situation, you must consult a licensed immigration attorney. If you are in emergency need of legal assistance, please call our office directly at (818) 900-5707.
