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DHS policy reinterprets law, threatens detention of legal refugees

Feb 1, 2026

DHS policy reinterprets law, threatens detention of legal refugees

The Department of Homeland Security issued a February 2026 policy memo reinterpreting Section 209 of the Immigration and Nationality Act, stating that refugees who have lived in the U.S. for at least one year but have not yet acquired lawful permanent resident status may be arrested and detained. The new policy rescinds a 2010 DHS policy that limited such arrests and could affect approximately 100,000 refugees currently in the country with lawful immigration status. Immigration attorneys are advising refugee clients to file for permanent status immediately, though approval delays and country-specific holds mean some could face detention despite following proper procedures.

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