On February 18, 2026, the directors of U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) issued a memo changing agency policy in regards to refugees. Under the new policy, DHS plans to arrest and detain refugees who have resided in the United States for one year and who have not yet applied for lawful permanent residency.
This is a change from prior policy. ICE Directive 11039.1, dated May 10, 2010 and known as the Chaparro Memorandum, clarified that failure to apply for adjustment of status within one year of arrival was not an appropriate basis for detention because it is not a ground of removability. See INA § 209(a). Thus, ICE could not detain unadjusted refugees and had to release any arrested refugee within 48 hours absent the filing of a legally sufficient Notice to Appear. DHS secretly rescinded the Chaparro Memorandum on December 18, 2025, before issuing the February 18 memo, which “rescinds” that policy “anew” and provides additional (purported) reasoning for doing so.
What does the new policy say?
ICE is instructed to “return” any refugee who has not adjusted status within one year of arrival to the United States to DHS custody for “inspection and examination for admission as a” Lawful Permanent Resident. Per the memo, DHS may detain the refugee for the duration of that process. If DHS determines that “the individual was not properly classified as a refugee” at the time of admission, DHS will terminate refugee status and begin removal proceedings under INA § 207(c)(4). The memo also claims that refugees subject to this process are held pursuant to mandatory detention under INA § 235 and that ICE may conduct arrests without a warrant.
Has ICE already begun to detain refugees?
Yes. As part of ICE’s Operation PARRIS, which targeted Minnesota, at least 72 refugees were detained and arrested under this new interpretation of the law. Detentions occurred via field arrests and also through the issuance of “call-in” letters, which required refugees to attend an interview at the ICE office at which they were promptly arrested. ICE quickly sent most detained refugees to various Texas detention centers, where they interrogated them about their cases without providing access to counsel.
What about refugees who have already applied to adjust status, but have not been approved?
Though the language is not entirely clear, the Directive appears to apply to refugees who have applied for lawful permanent residence but have not yet received a decision, especially if they have not had an adjustment interview. The Directive refers to “unadjusted” refugees and those who have “not adjusted to LPR status” or have “not yet acquired LPR status” after one year in the United States; it does not expressly carve out those who have applied but have not yet received a decision. The Directive states that a refugee will be deemed out of compliance with INA § 209’s requirements for not “filing for adjustment or not returning for inspection and examination” (emphasis added). Additionally, ICE targeted and detained refugees with pending adjustment applications in Minnesota.
Is this legal?
At least one district court has already held that it’s not. In U.H.A. v. Bondi, a group of refugees and an organizational plaintiff filed a class action challenging the arrest and detention of unadjusted refugees in Minnesota. The district court granted a temporary restraining order on January 28, 2026 enjoining DHS from arresting or detaining any unadjusted refugee residing in Minnesota who has not been charged with a ground of removal. The order also requires release of refugees detained under the policy, even if detained outside of Minnesota. That case is ongoing.
Is there a risk to refugees who have already become lawful permanent residents?
Refugees who have already become lawful permanent residents should not be at risk of arrest under this policy. However, USCIS has separately ordered a “comprehensive re-review” of benefit requests, including refugee admissions, for anyone from a list of certain countries who entered the country after January 20, 2021. Thus, DHS may be re-visiting the permanent residency grants of many refugees who entered after that date, which could include an interview “to assess all national security and public safety threats along with any other related grounds of inadmissibility or ineligibility.”
As noted above, refugees who have applied for adjustment of status but have not yet received a decision are also at risk under the Directive.
Will this happen in Oregon?
We don’t have any concrete information suggesting that Oregon is next or that ICE has begun to arrest unadjusted refugees in our state. However, the Directive sets out national policy.
What can legal service providers and advocates do now to be prepared?
Be prepared to provide your refugee clients with information and resources to prepare them for possible ICE arrest. Consider proactively reaching out to refugee clients who have not applied for adjustment, or whose adjustment applications are pending, to ensure they are up-to-date on the risks and their rights. As a starting point, the International Refugee Assistance Project has Know Your Rights materials for refugees in various languages. Refugees who have not yet applied for adjustment may wish to do so promptly, but should consult with counsel before doing so when at all possible. Legal service providers may also wish to prepare draft habeas filings for refugee clients at risk of detention; a template from Innovation Law Lab is forthcoming (email clearinghouse@equitycorps.org to request a copy).
Last updated on February 23, 2026. This explainer is provided for informational purposes only and does not constitute legal advice.
