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aaron reichlin-melnick
'Stunning Betrayal': Refugees at Risk of Arrest Under New DHS Memo
"You cannot invite people under one set of rules and move the goalposts after they arrive," said one group, calling for "lawful, humane, consistent treatment of refugees and allies."
Feb 19, 2026
Rights advocates are sounding the alarm over a new US Department of Homeland Security memorandum that puts legal refugees across the United States at risk of arrest as part of President Donald Trump's sweeping anti-immigrant agenda.
The US Department of Justice submitted the memo to a federal judge in the lead-up to a Thursday preliminary injunction hearing about DHS arrests of refugees in Minnesota, where Trump recently sent thousands of immigration agents who were subsequently accused of various acts of violence, including fatally shooting citizens Renee Good and Alex Pretti.
The document was first reported on Wednesday by Law Dork's Chris Geidner, who has unsuccessfully fought to make such filings available remotely. Right now, for this case, they are only available at the federal courthouse in Minnesota.
While the Trump administration claims it is ending "Operation Metro Surge" and removing most Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) agents who have terrorized the Twin Cities, the arrest policy detailed in the memo overhauls a long-standing interpretation of federal law for the entire country.
As American Immigration Council senior fellow Aaron Reichlin-Melnick laid out on social media Thursday: "Refugees are people vetted overseas by US Refugee Officers through an often yearslong process. They enter the country legally and on a path to citizenship. Refugees are required to apply for a green card one year after they arrive, but they CANNOT apply earlier than that."
The Wednesday memo from US Citizenship and Immigration Services Director Joseph Edlow and ICE acting Director Todd Lyons states that after being in the country for a year, refugees "must return, or be returned," to DHS custody "for inspection and examination for admission" as a green-card holder, officially called a lawful permanent resident.
"If the refugee does not voluntarily return, DHS will return the individual to custody (i.e., arrest and detain) for this purpose... DHS may maintain custody for the duration of the inspection and examination process," the memo continues, adding that the detention period "is not indefinite, but also is not limited to merely 48 hours."
Krish O'Mara Vignarajah, president and CEO of Global Refuge, declared in a Thursday statement that "this unprecedented policy weaponizes a routine administrative milestone as a pretext for detention."
"These are families the United States government already screened more rigorously than any other category of immigrant," she stressed. "Only after years of background checks, biometric screenings, and in-person interviews were they invited to rebuild their lives here. To now subject them to arrest and open-ended detention is a stunning betrayal of both our legal commitments and our moral compass."
DHS is claiming—in the memo and on social media, in response to new reporting—that the Refugee Act of 1980 requires the policy. Reichlin-Melnick emphasized that "reaching this conclusion required overturning decades-old interpretations."
"In a section of the memo that is truly Orwellian, the Trump [administration] says it's REFUGEES who have a 'misguided belief' about the law—even though its policy is a brand new interpretation of a 45-year-old law—and so it's THEIR fault they're traumatized when ICE comes to jail them," he noted.
"Making matters worse, the Trump [administration] is REFUSING to adjudicate green-card applications for refugees who come from one of the 39 countries Trump banned," Reichlin-Melnick added. "So under this policy, a refugee who applies for a green card exactly on time, doing nothing wrong, can be jailed by ICE."
The International Refugee Assistance Project is representing refugees in the Minnesota case. IRAP's vice president of US legal programs, Laurie Ball Cooper, told CNN that "this memo is part of a broad and concerted effort to strip refugees of their legal status and render them deportable... This government will clearly stop at nothing to terrorize refugee communities, and really all immigrants, while trampling over our constitutional rights."
Beth Oppenheim, CEO of HIAS, the world's oldest refugee agency, agreed that "this policy is a transparent effort to detain and potentially deport thousands of people who are legally present in this country, people the US government itself welcomed after years of extreme vetting."
"I have never seen anything like this in my 25 years of refugee protection work," Oppenheim said. "This memo was done in secret, with zero coordination with the organizations that serve refugees. It is a betrayal of our values and our legal commitments, and it will cause extraordinary harm."
Vignarajah also described the memo as "a broad attempt to redefine refugee status as conditional and revocable at will," and argued that "you do not welcome families fleeing war and persecution under one set of rules and then move the goalposts after they arrive."
Calling for "lawful, humane, consistent treatment of refugees and allies," AfghanEvac similarly said on social media that "you cannot invite people under one set of rules and move the goalposts after they arrive."
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State Dept. Official Signals Review of Foreigners 'Praising, Rationalizing, or Making Light of' Kirk Killing
"The US government seeking to punish those who make light of the incident is a complete betrayal of the First Amendment and spits in the face of the principle of free speech and debate," said one lawyer.
Sep 11, 2025
"So much for free speech."
That's how multiple social media users responded Thursday after a top official signaled on the platform X that the US Department of State will review foreigners' remarks on the Wednesday killing of Turning Point USA CEO and co-founder Charlie Kirk, a key ally of Republican President Donald Trump.
"In light of yesterday's horrific assassination of a leading political figure, I want to underscore that foreigners who glorify violence and hatred are not welcome visitors to our country," Deputy Secretary of State Christopher Landau wrote Thursday morning.
"I have been disgusted to see some on social media praising, rationalizing, or making light of the event, and have directed our consular officials to undertake appropriate action," Landau added. "Please feel free to bring such comments by foreigners to my attention so that the State Department can protect the American people."
Lawyers swiftly stressed that the comments Landau is aiming to track down would be "fully protected speech under the First Amendment" to the US Constitution.
American Immigration Council senior fellow Aaron Reichlin-Melnick said, "You can agree that it's a tragedy that a man was assassinated and also believe that the US government seeking to punish those who make light of the incident is a complete betrayal of the First Amendment and spits in the face of the principle of free speech and debate."
"It is appalling to see US government officials trying to police the speech of people outside the US and to direct consular officers to deny and strip visas from anyone who made a joke about Charlie Kirk's assassination—and rely on X for reports," he continued. "The First Amendment applies to the federal government; 'Congress shall make no law... abridging the freedom of speech.' Directing people to have a benefit denied and potentially be deported over a joke in very poor taste violates the First Amendment."
After one X user suggested visitors to the United States don't have the same rights as citizens, Reichlin-Melnick explained that "the First Amendment is a restriction on government action that applies even when the government seeks to restrict the speech of noncitizens. If you'd like, I can cite you dozens of court cases confirming that noncitizens enjoy First Amendment protections."
Kirk and his allies—including Trump—have long framed the late 31-year-old as a free speech supporter. A lengthy pop-up message about his death on the Turning Point USA website even says that "Charlie has become America's greatest martyr to the freedom of speech he so adored."
In response to Axios' reporting on Landau's threat, Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University, sarcastically said: "Yes, this definitely seems like an appropriate and constitutional use of the State Department's surveillance authorities. And definitely a fitting way to honor a person whom Trump admin officials have labeled a First Amendment hero."
pretty wild that it so quickly became normalized that immigrants don’t have even basic free speech rightswww.axios.com/2025/09/11/c...
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— Olivia Messer (@oliviamesser.bsky.social) September 11, 2025 at 3:38 PM
Writer Miriam Elder similarly quipped, "The free speech government honoring the free speech martyr."
Trump also publicly fancies himself a protector of free speech, but since returning to office in January, he has targeted law firms that represent clients and causes he opposes, news outlets whose coverage he disagrees with, and foreign students who criticize Israel's US-backed genocide against Palestinians in the Gaza Strip.
Although elected officials across the US political spectrum have condemned Kirk's killing and his unidentified shooter remains at large, Trump claimed in a Wednesday night speech that the rhetoric of the "radical left" is "directly responsible" for his death.
The president also pledged that his administration "will find each and every one of those who contributed to this atrocity and to other political violence, including the organizations that fund it and support it, as well as those who go after our judges, law enforcement officials, and everyone else who brings order to our country."
While Kirk's fatal shooting has sparked widespread condemnation of all political violence, the far-right crusader's longtime critics have also highlighted his attacks on marginalized people, promotion of misinformation and conspiracy theories, and strong opposition to stricter gun laws—including his assertion that "it's worth to have a cost of unfortunately some gun deaths every single year so that we can have the Second Amendment."
Landau wasn't the only key official making threats about commentary on Kirk's killing. Congressman Clay Higgins (R-La.) said on X early Thursday that "I'm going to use congressional authority and every influence with Big Tech platforms to mandate immediate ban for life of every post or commenter that belittled the assassination of Charlie Kirk."
"If they ran their mouth with their smartass hatred celebrating the heinous murder of that beautiful young man who dedicated his whole life to delivering respectful conservative truth into the hearts of liberal enclave universities, armed only with a Bible and a microphone and a Constitution... those profiles must come down," he said. "So, I'm going to lean forward in this fight, demanding that Big Tech have zero tolerance for violent political hate content, the user to be banned from ALL PLATFORMS FOREVER."
"I'm also going after their business licenses and permitting, their businesses will be blacklisted aggressively, they should be kicked from every school, and their driver's licenses should be revoked," he added. "I'm basically going to cancel with extreme prejudice these evil, sick animals who celebrated Charlie Kirk's assassination. I'm starting that today. That is all."
Several X users responded with examples of Higgins' long history of problematic commentary.
Foundation for Individual Rights and Expression (FIRE) CEO Greg Lukianoff told Higgins: "No. The state may not coerce private institutions to censor speech that the state itself cannot censor under the First Amendment. Besides, you are not safer for knowing LESS about what people really think."
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'What People Have Feared': ICE Impersonator Zip-Tied Woman and Stole $1,000
"Any criminal can now put on a mask, say he is from ICE, and conduct any crime," one group warned.
Jun 10, 2025
"This is what people have feared."
That was how American Immigration Council senior fellow Aaron Reichlin-Melnick responded on social media Monday to reporting that a man impersonating a U.S. Immigration and Customs Enforcement (ICE) agent zip-tied a woman working as a cashier at a cash-only auto repair shop in Philadelphia and stole around $1,000 on Sunday afternoon.
The incident comes as Republican U.S. President Donald Trump tries to deliver on his campaign promise of mass deportations, sparking protests, including in Los Angeles, where Trump has deployed Marines and federalized the California National Guard—a move the state's Democratic governor and attorney general are challenging in court.
"Expect many, many more stories like this. The Trump administration is a criminal enterprise, emboldening street crimes and white collar crimes."
"He kept saying he is immigration officer," the 50-year-old cashier in Philadelphia, a legal U.S. resident who is from the Dominican Republic, told Fox 29's Steve Keeley. Showing the journalist her bruises, she said that the man tied her arms behind her back, and "every time I tried to turn around to look at his face, he twisted me around roughly."
Although the shop is next to the Philadelphia Police 15th District, it took over two hours before the victim could connect with law enforcement. Police said in a Tuesday statement that the man, who escaped in a white Ford cargo van with red dashes around the middle, remains at large.
Police released surveillance photos of the van and the man, described as a white male in a "black baseball cap with U.S. flag on the front, black sunglasses, black long sleeve shirt, wearing gloves, black tactical vest with 'Security Enforcement Agent,' and dark green cargo pants."
In response to Keeley's social media posts about the robbery, journalist Ryan Grim said early Tuesday that "this type of crime is now possible because ICE agents insist on going around like masked thugs."
Author and Philadelphia native Robert A. Karl warned: "Expect many, many more stories like this. The Trump administration is a criminal enterprise, emboldening street crimes and white collar crimes."
The social media account of the Democratic-Farmer-Labor Party in Minnesota's Senate District 45 similarly said: "Any criminal can now put on a mask, say he is from ICE, and conduct any crime (including kidnapping and rape) and people are expected to just stand aside? Actual law enforcement DOES NOT conceal their identity and act like street thugs while doing their job. This must stop!"
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