Thousands of refugees who entered the United States legally but lack permanent resident status risk being arrested and detained while their cases are reviewed, according to new guidelines from the Department of Homeland Security (DHS) unveiled this week.

The refugees concerned are those who have not taken steps to obtain permanent resident status, known as a green card, after one year of presence on American territory, according to a DHS note filed Wednesday in a case pending before a court in Minnesota (north).

They are now liable to be arrested and detained while their situation is examined, a further tightening of US immigration policy.

"A radical break with previous practices," warns the refugee rights group International Refugee Assistance Project (IRAP) in a statement, "which could affect thousands of refugees who have not yet received a green card." The organization is particularly concerned that "no time limit" has been set for their potential detention.

The ministry justifies this change by citing imperatives of "national security" and "public safety".

Refugees already undergo extensive screening before being admitted to the United States.

But Donald Trump has virtually eliminated their hospitality since returning to the White House, with the notable exception of South African Afrikaners, descendants of the first European settlers whom he claims are persecuted.

His administration has capped the number of refugees admitted for fiscal year 2026 at 7,500, compared with more than 100,000 per year under the Democratic presidency of Joe Biden.

In the case in which the DHS memo appeared, a federal judge had temporarily prohibited the Trump administration at the end of January from detaining refugees without permanent resident status.

He had considered that the administration could enforce immigration legislation and review their status but "without arresting or detaining the refugees", recalling that they had already "undergone rigorous background checks".

This case involves approximately 5,600 refugees residing in Minnesota, whose main metropolitan area, Minneapolis, has until recently been the epicenter of much-criticized immigration police operations.

"Refugees have the right to be in the United States, the right to work, the right to live peacefully, and above all, the right not to be exposed to the fear of being arrested and detained without warrant or cause," the judge argued in his order.