Kordia was arrested in 2024 during the Gaza solidarity protests at Columbia University. The charges against her were dropped the next day, but she was detained in March 2025 by ICE during a routine immigration check-in.
President Donald Trump, to address what he called a national emergency, ordered a stretch of borderland transferred to the military so that troops could help apprehend unauthorized migrants. Because prosecutors believed Flores-Penaloza had crossed through that zone, now called a national defense area, they charged him with trespassing on military property under statutes including one enacted in 1909 to keep spies away from arsenals.
The memo was filed as a part of documents submitted in a federal court case tied to refugees who were arrested in Minnesota. In it, USCIS Director Joseph Edlow and ICE acting Director Todd Lyons direct their agencies to "detain and inspect" refugees who do not "voluntarily return to DHS custody for inspection and examination" to be a legal permanent resident at the one-year mark of being in the country.