The Trump administration has given immigration enforcers more powers, allowing them to imprison legal refugees in detention centers.
A new directive reported by media on Thursday allows immigration officers to detain asylum seekers while awaiting a green card to ensure that they are “re-vetted” for not posing a threat to US society.
The Department of Homeland Security (DHS), reportedly in a directive dated Feb. 18, gave the Immigration and Customs Enforcement (ICE) the power to "maintain custody" of detained refugees "for the duration of the inspection and examination process."
“This detain-and-inspect requirement ensures that refugees are re-vetted after one year, aligns post-admission vetting with that applied to other applicants for admission, and promotes public safety,” the DHS said in the memo.
Refugees entering the United States are required by law to apply for lawful permanent resident status one year after their arrival in the country.
The Trump administration's new memo authorizes immigration authorities to hold individuals in custody for the duration of the re-inspection process.
"[The Department of Homeland Security] must treat the one-year mark as a mandatory re-vetting point for all refugees who have not adjusted to [Lawful Permanent Resident] status, ensuring either that they are scheduled to 'return' to custody for inspection or, if they do not comply, that they be 'returned' to custody through enforcement action," the memo reads.
Trump administration officials say the new directive will help determine whether a refugee obtained his/her refugee status through fraud or whether they pose a threat to national security or public safety because of potential ties to terrorism or serious criminal histories.
The DHS directive says refugees who raise red flags during this examination may be stripped of their legal status and processed for deportation.
The Trump administration's directive is a 180-degree shift from the earlier 2010 memorandum during the Obama administration.
The memo stated that failure to obtain lawful permanent resident status was neither a “basis” for removal from the country nor a “proper basis” for detention.
The directive is a major step advancing the Trump administration’s sweeping campaign to detain and deport some noncitizens.
The Trump administration's tough anti-immigration policy has prompted sharp criticism from judges, human rights defenders, and refugee advocacy groups.