This article was last updated on April 15, 2026

Summary

In January 2026, the U.S. government began a Refugee Detention Policy where they started arresting and detaining refugees in Minnesota who have not yet gotten legal permanent resident status (or “green card”). This was the start of a nationwide policy to arrest and detain refugees who had not received their green cards after a year of arriving in the United States. 

On January 24, 2026, a group of refugees filed a class action lawsuit to stop this Refugee Detention Policy in Minnesota specifically. A different group also filed a case in the District Court of Massachusetts to stop the policy at the national level. 

Temporary pause update

A judge in Massachusetts has ordered that this policy of detaining and arresting refugees without green cards cannot continue while the case is ongoing. In other words, ICE is not allowed to arrest and detain refugees for not having a green card. ICE could still arrest and detain a refugee for a separate reason, such as if they have been convicted of certain crimes.You can read here for more information about being detained by ICE.

What is happening now in Minnesota?

• The Minnesota court previously ordered the government to release detained refugees in Minnesota who had been arrested because they did not have green cards. We believe refugees who were sent from Minnesota to Texas were also returned back to Minnesota and have been released.
• The case in Minnesota has been dismissed. This means there is not a court order just about refugee detention in Minnesota anymore. It is very important to know that the court order in Massachusetts stops the policy everywhere, including in Minnesota. So refugees in Minnesota are still protected from being detained just because they have not yet received their green cards..
• Refugees in Minnesota have received notices to their homes from the Department of Homeland Security (DHS). These notices require refugees to attend a green card and “re-vetting” interview. You must attend this interview, and we strongly suggest you contact an attorney for legal advice before the interview. 
  • During the interview, you may be asked many questions about why you left your home country or why you are afraid to return there. These questions may be very similar to questions you already answered when you were interviewed overseas. You should answer carefully and honestly, just as you did in your original interview(s). You should contact an immigration lawyer for individual advice before this interview if you can. 
    • You can learn more about these re-vetting interviews here and how to prepare for them here. 
  • If you receive an interview notice and do not attend or reschedule, DHS may try to end your refugee status or deport you.

What is happening now in the United States?

• On February 18, the government issued a policy allowing the arrest and detention of refugees without green cards nationwide. 
• On March 23, a Massachusetts court ordered the government to stop this policy of detaining refugees because they do not yet have green cards. This order applies to refugees nationwide while the lawsuit is being decided, but the final outcome of the case could be different.

My relative was detained. What can I do?

If your relative

1. Is a refugee

and

2. does not have a green card

and 

3. was detained because they do not have a green card 

Please email refugeedetentioncase@refugeerights.org with the following information: 

• The person’s full name
• Their refugee A-Number (this is a 9 digit number, which likely starts with 253)
  • Instructions on how to locate your A-number can be found under Step 3.3 in this resource.
• Their nationality
• The last place where they were detained, if you know it
• People who can pick up the person from detention (like a lawyer or a relative)
• Date and time the person was detained

I was detained but have an appointment or court date after my release. What should I do?

We are hearing that some refugees who were detained for not having a green card are being released but are having to attend interviews or a hearing with an immigration judge. ICE might also have told you that there are conditions to you being released. If this happened to you, please contact us. You can email refugeedetentioncase@refugeerights.org. 

What will happen next?

The temporary pause is not a final decision. The courts have not decided yet if detaining refugees who don’t yet have green cards is unlawful. We expect the judge to make a final decision after reviewing the whole case, and the final decision could be different. 

It is still very important to be aware of your rights. If you were helped by a resettlement agency when you arrived, it could be helpful to reach out to them now for additional information.

Other resources

• I live in the US and I have refugee status. What should I know?
• I have refugee status in the United States. What should I do if I am detained by ICE?
• How can I request a copy of my U.S. refugee application?
• How do I set up a USCIS Online Account? (This article supplements the one above it)