On November 21, 2025, a memo went out from the U.S. Citizenship and Immigration Services’ (USCIS) Director Joe Edlow to staff and related operations with the subject line of: “Review of Certain Refugees Admitted to the United States and an Immediate Hold on Certain Refugees with a Pending I-485, Application to Register Permanent Residence or Adjust Status.” The memo provided for the review of more than 200,000 lawfully admitted refugees who entered the U.S. between Jan. 20, 2021, and Feb. 20, 2025, and a halt to all processing of green card applications for refugees who entered during this time period, which roughly corresponds to the Biden presidency. The memo, without providing specifics, asserts that the Biden administration “prioritized expediency, quantity, and admissions over quality” in processing refugees and, in an unprecedented move, directs USCIS to reopen and review thousands of cases of those admitted in that four-year span, potentially terminating the refugee status of already-admitted refugees who USCIS subsequently determines have not met refugee criteria.
Background
The modern U.S. refugee resettlement system was created by the Refugee Act of 1980, which officially aligned the definition of a “refugee” in the United States with United Nations protocols and created the U.S. Refugee Admissions Program’s (USRAP’s) legal framework of consistent vetting and uniform resettlement benefits for all refugee populations for an impartial and comprehensive integration. It created a program with extensive vetting and safeguards that also promotes economic self-sufficiency through early employment to assure rapid integration. The USRAP has resettled more than 3 million people to date under the American ideals of freedom, liberty, work, and hospitality.
What vetting is required for refugees?
To be admitted to the U.S., refugees historically went through several rounds of background checks, screenings and interviews under the USRP, the following steps is what is generally included:
- After an initial screening by UNHCR, the Resettlement Support Centers (RSCs) located around the world collect applicants’ biographic and other information.
- After the State Department preliminarily approves an application to begin the resettlement process, they are reviewed by officers from U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security (DHS), as well as ongoing vetting by a variety of intelligence agencies including the FBI, CIA, and others.
- USCIS also conducts an in-person interview with each refugee applicant before deciding whether to approve him or her for resettlement in the U.S.
- All USCIS-approved refugees then undergo health screening to prevent those with contagious diseases from entering the U.S.
- Most refugees also undergo a cultural orientation course prior to their arrival.
- Before refugees arrive, it is established where in the United States they will initially live and which refugee resettlement agency will help orient them to life in the United States.
- After arrival to the U.S., all refugees are checked at the airport by a U.S. Customs and Border Protection (CBP) officer to ensure they are the same people that were screened and approved for admission.
While the total processing time varies depending on an applicant’s location as well as other circumstances and policy changes, the vetting time – from the refugee’s initial UNHCR referral to his or her arrival in the U.S. – averaged approximately 18 to 24 months prior to the current administration.
The USRAP vetting process is considered the gold standard in vetting, meaning of all immigrants/travelers permitted into the U.S., refugees undergo the highest level of security checks.
What are the alleged reasons for this review process?
- The USCIS memo, providing for the review of admitted refugees, links itself to the January 2025 executive order “Realigning The United States Refugee Admissions Program,” which suspended the US refugee program after asserting that the entry of new refugees would be “detrimental to the interests of the United States.” That executive order does not specifically reference reviewing prior refugee admittances.
- USCIS claims that the Biden administration prioritized rapid processing and high admissions over detailed interviews, screening, and security vetting. The memo did not detail any identified or specific deficiencies.
- The review process would reopen tens of thousands of cases of resettled refugees to conduct more vetting in order to address potential “vulnerabilities.”
What will the new USCIS memo do?
- The memo provides that, effective immediately, USCIS will stop processing all green card applications (Form I-485) for lawful permanent resident status for all refugees who arrived in the U.S. between January 20, 2021, and February 20, 2025.
- The memo provides that USCIS will conduct a comprehensive review and reopen the cases of all principal refugees who arrived during that period and conduct a mandatory review and re-interview of these resettled refugees. That review will include steps to ensure that present and resettled refugees meet the statutory definition of a refugee, an assessment of any inadmissibility issue at the time of admission, and will address whether any persecutor or terrorism bar issues may apply.
- All derivative refugees (family members afforded refugee status on the basis of the grant of status to the principal applicant) who arrived during the same period will also undergo a review and may also be subject to a re-interview.
What potential negative outcomes may be faced by refugees due to the new USCIS memo?
- USCIS could terminate refugee status for the principal refugees and all of their derivatives.
- USCIS could deny the green card applications of refugees who arrived in the relevant time period.
- USCIS could revoke green cards that have already been issued to refugees who arrived in the relevant time period.
What are the short-term and long-term implications of this review process?
- This is an unprecedented step. In the 45-year history of the U.S. refugee program, no such all-inclusive refugee review and re-interview process has been conducted.
- Refugees are the most heavily vetted immigrants and there have been no indications that warrant such a review process. Barring the revelation of specific oversights in the prior administration’s vetting process, the review is likely to result in conducting an unwarranted, time-consuming, and costly process that will place major burdens on an already-backlogged USCIS.
- This will be disruptive to businesses, both those started by these refugees and those businesses that have hired impacted refugees, as they now live in the uncertainty of what this means for their business and workforce.
- The memo is targeted towards law-abiding refugees who passed extensive security checks already. Refugees now face an uncertain future after having waited for years, followed all the necessary rules and regulations, were thoroughly vetted, entered legally, and have worked hard to integrate in the U.S.
- Communities all across the U.S. have been involved in helping these refugees in their resettlement and integration process, and will be impacted now that their co-workers, neighbors, fellow worshippers, friends and family may have their lives upended after their cases are reopened. In addition, refugees impacted by the memo include people from numerous countries including Afghan allies who stood alongside our armed forces during the war in Afghanistan.
- Reopening the refugee status and re-vetting and re-interviewing this population of over 200,000 people may be challenged in court. There are already indications that resettlement organizations and advocacy groups may bring legal challenges against aspects of the memo.