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In Feb 2026, DHS began detaining legal refugees without crimes, just for delayed green card processing.
In February 2026, the Department of Homeland Security announced a new interpretation of Section 209 of the Immigration and Nationality Act, allowing it to arrest and detain legal refugees who have lived in the U.S. for at least one year but have not yet obtained green cards, even if they have not violated any laws.
The policy change, which departs from past practice, treats the failure to have an application approved—despite filing—as grounds for detention, potentially affecting up to 100,000 refugees.
Delays in processing, administrative holds on applications from certain countries, and lack of clear timelines have raised concerns about due process and the humanitarian intent of the refugee system.
Immigration advocates warn the policy creates a dangerous loophole, leaving many in legal limbo.
En febrero de 2026, el DHS comenzó a detener a refugiados legales sin delitos, solo por el retraso en el proceso de la tarjeta verde.