The Trump administration has issued a directive that significantly expands the authority of Immigration and Customs Enforcement to detain certain refugees who are already lawfully present in the United States. According to a February 18 memo submitted in federal court, ICE officers are now instructed to detain refugees who entered the country legally but who have not secured lawful permanent resident status, commonly known as a green card, within one year of admission.
For many families, this announcement is alarming. Refugees were vetted, screened, and admitted to the United States through a formal legal process. They were granted protection after proving they were fleeing persecution. They did not enter unlawfully. They were welcomed by the government.
Now, under this new policy, even lawful refugee status may not shield someone from detention if their green card process has not been completed within a specific timeline.
At The Law Offices of James A. Welcome, we have over 20 years of experience serving immigrant families throughout Connecticut. We understand how quickly immigration policy shifts can create confusion and fear. If you or someone you love entered the United States as a refugee, this is the time to get clear legal guidance.
Call us at 203 753 7300 or visit welcomelawfirm.com to schedule a consultation. We proudly serve clients from six offices located in Danbury, Norwalk, Hartford, New Haven, Bridgeport, and Waterbury.
What the February 18 Memo Changes
Under federal immigration law, refugees are eligible to apply for lawful permanent residence one year after arriving in the United States. Historically, failing to apply exactly at the one year mark was not considered grounds for arrest or detention. A 2010 policy clarified that delay alone was not sufficient reason for custody.
The new directive reverses that.
The memo instructs ICE and USCIS to detain and inspect refugees who do not voluntarily return to Department of Homeland Security custody at the one year mark if they have not adjusted status. USCIS has also indicated it will re review certain refugee admissions from prior years, effectively reopening cases that were previously approved. This signals a shift toward more aggressive scrutiny, not only of undocumented individuals, but of lawful refugees as well.
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Who May Be Affected
This directive impacts refugees who:
– Were lawfully admitted into the United States
– Have been physically present for one year or more
– Have not completed the adjustment of status process
Many refugees apply for permanent residency as soon as they are eligible. Others may delay for understandable reasons, including financial hardship, paperwork confusion, language barriers, or processing backlogs. Under the prior approach, delay did not automatically trigger detention risk. Under the new directive, that may no longer be the case.
Legal and Due Process Concerns
There are significant legal questions raised by this policy. Federal courts are already reviewing related enforcement actions. In Minnesota, a federal judge recently blocked additional arrests of settled refugees and ordered the release of individuals who had already been detained.
The core legal concerns include:
– Whether detention is authorized solely based on failure to apply at the one year mark
– Whether reopening previously approved refugee cases violates due process
– Whether long standing reliance interests of settled refugees are being disregarded
While these issues are being litigated, enforcement authority has clearly expanded. That means preparation is critical.
What Happens If You Are Detained
One of the most important questions refugees are asking is simple: What happens if ICE detains me?
The process can move quickly, and understanding it ahead of time can make a significant difference.
If ICE detains a refugee under this directive, several things may occur:
First, the individual may be taken into ICE custody and transferred to a detention facility. In Connecticut, detainees are often transferred out of state, which can make family communication more difficult.
Second, ICE may issue a Notice to Appear, which begins removal proceedings in immigration court. This document outlines the government’s allegations and charges of removability.
Third, the individual may have a bond hearing, depending on the circumstances. At a bond hearing, an immigration judge determines whether the person can be released while their case is pending and at what amount.
Fourth, the individual may have to defend their continued eligibility for refugee protection or adjustment of status before an immigration judge.
Detention does not automatically mean deportation. However, detention creates pressure, emotional strain, and legal complexity. It can separate families, disrupt employment, and place significant stress on children and spouses.
That is why immediate legal representation is essential. An experienced immigration attorney can:
– Challenge the legal basis for detention
– Request bond or release
– Present evidence of lawful admission and compliance
– Argue against reopening or rescission of status
– Protect due process rights in immigration court
The earlier an attorney becomes involved, the stronger the defense strategy can be.
What Refugees in Connecticut Should Do Now
If you are a refugee living in Connecticut, do not assume this policy will not affect you.
Take proactive steps:
– Confirm whether your adjustment of status application has been filed
– Keep copies of all immigration documents
– Ensure your address is updated with USCIS
– Consult an immigration attorney to review your case
What To Do If You Are Detained or Questioned by ICE
One of the most important things immigrant families can do during times of heightened enforcement is understand their rights. If ICE contacts you, comes to your home, or detains you, how you respond matters.
First, stay calm. Do not run. Do not argue. Do not physically resist. Enforcement situations can escalate quickly, and remaining composed protects you.
If ICE officers come to your home, you have the right to ask for a warrant. A judicial warrant must be signed by a judge and should list your name and address. You do not have to open the door unless they present a valid judicial warrant. Many ICE documents are administrative warrants that do not authorize forced entry into a private residence.
If you are questioned in public or at your workplace, you have the right to remain silent. You are not required to answer questions about your immigration status without legal counsel. You can clearly state that you wish to speak with an attorney.
If you are detained, remember the following:
– Do not sign any documents without speaking to a lawyer
– Do not agree to voluntary departure without legal advice
– Ask for a copy of any paperwork you are given
– Contact a trusted family member immediately
Detention does not mean deportation. It begins a legal process. The government must prove its case in immigration court. You may have defenses available. You may qualify for bond. You may still be eligible for adjustment of status or other relief.
Family members should act quickly if someone is detained. Locate the detainee through the ICE online locator system. Gather immigration documents, proof of residence, proof of employment, and any evidence showing ties to the community. These documents can be critical at a bond hearing.
Most importantly, contact an experienced immigration attorney immediately.
Questions and Answers About the ICE Directive
Q: Can ICE detain someone who was lawfully admitted as a refugee?
A: Under the new directive, ICE officers have been instructed to detain refugees who have not adjusted to permanent resident status at the one year mark. Legal challenges are ongoing, but enforcement authority has clearly broadened.
Q: If I applied for my green card but it is still pending, am I safe?
A: A properly filed and pending application significantly strengthens your position. However, documentation and legal review are essential to ensure full compliance.
Q: What if I never realized I needed to apply at exactly one year?
A: Many refugees are unaware of strict timing expectations. That does not automatically eliminate defenses, but immediate legal guidance is necessary.
Q: Can I be deported even though I entered legally?
A: Lawful entry as a refugee provides strong protections, but if the government alleges non compliance or reopens your case, removal proceedings can begin. Representation is critical.
Q: Should I speak to ICE without a lawyer?
A: You have the right to seek legal counsel. Do not make decisions about interviews or appearances without speaking to an experienced immigration attorney.
Why Experience and Communication Matter
At The Law Offices of James A. Welcome, we have served immigrant families in Connecticut for more than 20 years. We have guided clients through asylum cases, refugee adjustments, deportation defense, bond hearings, and complex removal proceedings.
We understand the legal system. We understand the local immigration courts. Most importantly, we understand the human impact of immigration enforcement.
We proudly speak English, Spanish, and Portuguese because clear communication is essential when your future is at stake.
With six offices located in Danbury, Norwalk, Hartford, New Haven, Bridgeport, and Waterbury, we are accessible across the state. Our team is prepared to review your case, explain your options, and act quickly if enforcement action occurs.
If you are concerned about this new ICE directive, do not wait for a knock at the door. Call 203 753 7300 today or visit welcomelawfirm.com to schedule a consultation.
