New Homeland Security Policy Could Upend Lives Of Lawful Refugees

CONGRESS MUST ENSURE FAIR AND LAWFUL TREATMENT OF ADMITTED REFUGEES As a constituent, I urge you to review and speak publicly and promptly about the Department of Homeland Security directive permitting detention of lawfully admitted refugees during routine status review. Refugees admitted to the United States have completed extensive security screening and are legally present while pursuing permanent residency as required by law. A February 18, 2026 Department of Homeland Security memorandum submitted in federal court filings indicates that refugees who have not yet adjusted to lawful permanent resident status may be required to return to government custody and may be detained during re-inspection. THE POLICY COULD IMPOSE SEVERE AND DISRUPTIVE CONSEQUENCES This policy represents a significant departure from longstanding practice. Under this directive, refugees may be taken into custody during the green card process even when they present no individualized risk. Detention can result in job loss, housing instability, interruption of schooling, disruption of medical care, and loss of income needed to support families. Individuals may be held for extended periods without clear timelines, creating prolonged uncertainty and financial hardship. Families may be left unsure when loved ones will return home. FAMILY SEPARATION AND CHILD WELL-BEING ARE AT RISK Unexpected detention can separate parents from children and caregivers from dependents with little warning. Children may experience emotional distress, disrupted schooling, and sudden reliance on extended family or social services. This instability can undermine families rebuilding their lives after persecution. COMMUNITY STABILITY AND LOCAL ECONOMIES MAY BE AFFECTED When refugees are detained unexpectedly, employers lose workers and children lose caregivers. Community support systems are strained, placing additional pressure on local schools, faith organizations, and service providers. STATUTORY PROTECTIONS AND DUE PROCESS MUST BE MAINTAINED Refugees are admitted under protections established by the Refugee Act of 1980 and the Immigration and Nationality Act. Detention during routine adjustment review raises due process concerns and risks weakening the statutory framework governing lawful presence and humanitarian admission. CONGRESSIONAL OVERSIGHT AND TRANSPARENCY ARE ESSENTIAL Congress plays a critical role in ensuring executive policies are implemented consistent with statutory authority, fiscal responsibility, and constitutional protections. Congress should: (1) Reverse this directive and restore long-standing safeguards protecting lawfully admitted refugees. (2) Conduct oversight hearings to examine the legal basis, implementation, and scope of this policy. (3) Require public reporting on the number detained, duration of detention, and access to legal counsel. (4) Limit detention to cases involving individualized security or public safety concerns. (5) Ensure detainees receive notice of rights, access to counsel, and timely family notification. (6) Clarify through legislation that lawfully admitted refugees remain protected from detention unless expressly authorized by statute. CLEAR PROCEDURES SUPPORT NATIONAL SECURITY AND PUBLIC CONFIDENCE Transparent and lawful refugee procedures promote compliance, reinforce public trust, and help ensure enforcement resources remain focused on genuine threats. UPHOLDING THE RULE OF LAW STRENGTHENS AMERICAN CREDIBILITY Maintaining statutory safeguards and due process protections affirms the United States’ commitment to fairness, stability, and the rule of law. Upholding these protections reinforces America’s credibility as a nation governed by clear laws and equal justice. I urge you to ensure careful oversight of this policy and support measures that protect lawful refugees and American fairness.