Special Edition AfghanEvac Update: DHS Memo Expands Detention Authority for Refugees
Federal government seeks to detain and remove certain refugees
Yesterday, February 18, 2026, the Department of Justice filed a new Department of Homeland Security memorandum in federal court that significantly expands detention authority tied to refugee adjustment of status at the one-year mark.
The statute has long required refugees to apply for lawful permanent residence after one year. What is new is the enforcement posture.
The memo characterizes refugee admission as “conditional,” requires refugees who have not adjusted to “return” or be “returned” to DHS custody for inspection, authorizes arrest if they do not voluntarily appear, and permits detention for the duration of the inspection process. It rescinds prior ICE guidance that did not treat failure to adjust alone as a detention trigger.
This reframes what was historically an administrative compliance step into a potential custody event.
We've got a lot of good info below, but I wanted to share the three important bits right here:
International Coverage
Major outlets are now covering this shift:
Washington Post: https://wapo.st/3MN3tU2
Afghan communities are understandably worried about what this means for them and their families.
Last night, we circulated the full memorandum, our formal statement, a detailed explainer, and an overarching analysis outlining how this change interacts with recent shifts in removal authority and appellate review.
What the Memo Does
Under the February 18 memorandum:
Refugee admission is described as “conditional.”
Refugees who have not adjusted after one year must return for inspection.
If they do not voluntarily appear, DHS may arrest and detain them.
Detention may last for the duration of the inspection process.
If inadmissibility is found, removal proceedings may begin.
The memo explicitly removes prior internal limitations that generally did not treat failure to adjust status alone as grounds for detention.
This is a meaningful policy shift.
You can check out all of our explainers on our website.
A Coordinated Structural Shift
This memorandum does not stand alone.
It is one of three early 2026 federal actions that, taken together, reshape refugee detention, removal authority, and appellate review.
Those actions include:
Reframing refugee status at the one-year mark as subject to renewed admissibility review.
Converting the one-year adjustment process into a detention checkpoint.
Restricting meaningful appellate review before the Board of Immigration Appeals.
Individually, each may appear technical. Together, they expand detention authority, broaden removal grounds, and narrow opportunities for appeal.
This represents a structural rebalancing toward enforcement.
What This Means in Practical Terms
This communication is for informational purposes only and does not constitute legal advice. Individuals should consult qualified immigration counsel or accredited representatives regarding specific cases.
Not every refugee will automatically be detained at the one-year mark.
Risk may be considered lower for individuals who:
Have filed Form I-485,
Completed biometrics,
Responded to Requests for Evidence,
Attended interviews,
Maintained updated contact information with USCIS.
The highest exposure appears to be for refugees who:
Have not filed for adjustment after one year,
Filed but fell out of compliance,
Missed required steps or appointments,
Have unresolved admissibility concerns.
For those in compliance, this remains primarily an administrative process.
For those who have not engaged in the adjustment process, this memo materially increases enforcement risk.
Why This Matters
For decades, refugee resettlement has functioned as a durable protection mechanism. Refugees were admitted lawfully, and while adjustment after one year was required, it was not typically treated as a detention trigger absent separate grounds.
This memo reframes that moment as a potential enforcement checkpoint.
It raises serious questions about reliance, stability, and the durability of refugee admission in the United States.
We are calling for this memorandum to be rescinded.
Special Global Update This Monday at 10:00am Pacific
Before we get deeper into the analysis of the memo, we wanted to flag that AfghanEvac is hosting a special Global Update this Monday February 23, 2026 at 10:00am Pacific.
We will discuss:
Current state for Afghans in the Enduring Welcome pipeline the United States and abroad.
The legal implications of the February 18 memorandum
The broader coordinated policy shifts underway
Recap of recent congressional hearings and legislation
Status of litigation
Practical risk and who should be concerned
Update on Battle Buddies
AfghanEvac’s impact report
What YOU can do to step up and help
Confirmed guest speakers include:
Beth Oppenheim, HIAS
Vanessa Dojaquez-Torres, The American Immigration Lawyers Association
Danilo Zak, Church World Service
Austin Kocher, Syracuse University
If you work in relocation, refugee protection, legal services, policy, media, or integration support, you should be on this call.
Sir! You did not just leave behind a friend of twenty years, but you also exposed his identity to the opposing side in these messages. Now they can easily target him. So we hope you sports them out. SIV.