Trump Administration’s Refugee Policy Faces Legal Challenge

A sweeping new order issued by the Trump administration could lead to the arrest and potential detention of tens of thousands of refugees lawfully present in the United States who have not yet received permanent residency. The policy, which overturns years of established legal and immigration safeguards, is facing legal challenges and sparking widespread concern among advocacy groups.

Policy Details and Legal Basis

According to a Department of Homeland Security (DHS) memo filed in federal court on February 13, 2026, refugees applying for green cards must return to federal custody one year after their initial admission to the U.S. For a review of their applications. The memo states that DHS “may maintain custody for the duration of the inspection and examination process.”

The administration has cited national security and economic concerns as justification for the policy change. However, experts point out that refugees undergo extensive vetting before being admitted into the country.

Legal Challenges and Court Proceedings

The policy is currently being challenged in court. U.S. District Judge John Tunheim heard arguments on February 13, 2026, regarding a temporary order protecting Minnesota refugees from arrest, and deportation. While the order currently applies only in Minnesota, the implications of the new national policy were central to the discussion.

Judge Tunheim previously blocked the government from targeting Minnesota refugees, stating that the plaintiffs were likely to succeed in their claim that arrest and detention under the policy were unlawful. He noted that refugees are not eligible to apply for green cards until they have been in the U.S. For a year, making mandatory detention “nonsensical.”

The lawsuit stems from Operation PARRIS (Post-Admission Refugee Reverification and Integrity Strengthening), launched by the administration to reexamine the cases of 5,600 Minnesota refugees who had not yet been granted permanent resident status. The operation was initially justified by claims of fraud in public programs within Minnesota.

Criticism from Advocacy Groups

Immigration advocates have strongly condemned the new policy. HIAS, an international Jewish nonprofit serving refugees and asylum-seekers, called it “a transparent effort to detain and potentially deport thousands of people who are legally present in this country, people the U.S. Government itself welcomed.”

Advocates allege that Immigration and Customs Enforcement (ICE) officers have been arresting refugees under Operation PARRIS and detaining them in Texas, often without access to legal counsel. Some refugees were reportedly released in Texas and left to arrange their own return to Minnesota.

Operation Metro Surge and its Conclusion

The new order comes after the conclusion of Operation Metro Surge, a large-scale immigration enforcement operation targeting Minnesota. While the surge resulted in the arrest of over 4,000 undocumented immigrants, including individuals convicted of violent crimes, it also sparked protests following the deaths of two U.S. Citizens during encounters with immigration officers. Tom Homan, the administration’s border tsar, announced the end of the surge on February 12, 2026, though a small federal presence will remain.

Looking Ahead

The legal battle over the Trump administration’s refugee policy is ongoing. Judge Tunheim is expected to issue a written decision regarding the extension of the temporary order protecting Minnesota refugees. The outcome of this case, and potential further legal challenges, will determine the fate of thousands of refugees lawfully residing in the United States.