A British mother, a Ukrainian refugee, the wife of a Navy veteran and a German man on the brink of a wedding anniversary were among the spouses of U.S. citizens who were recently taken into custody by Immigration and Customs Enforcement (ICE) while attending what they believed to be routine green‑card interviews.
The Scope of the Detentions
- San Diego: Several dozen known cases.
- Other cities: New York City, Cleveland and Utah have also reported incidents.
- Attorneys describe the wave of arrests as an “unprecedented” break in a decades‑long practice.
- Many of the detained spouses had overstayed their visas but were still eligible for permanent residency under the law.
Legal Background
The U.S. law grants immediate relatives of U.S. citizens—such as spouses—the right to adjust status even if they are in unlawful immigration status at the time of filing. Julia Gelatt, associate director of the U.S. immigration policy program at the Migration Policy Institute, explained:
> “There was a carve‑out that was intended for immediate relatives of U.S. citizens, including spouses. This is the legal path for them to adjust their status. This is going about doing things ‘the right way,’” Gelatt said.
She added that the lengthy green‑card process can allow people to fall out of status while waiting, which may trigger ICE action.
Outcomes for the Detained
- British mother: Released almost a week later; her green card was approved.
- Navy veteran’s wife: Released on bond; she must now pursue her case in immigration court.
- German man and Ukrainian refugee: Status remains unclear.
All four were found to have overstayed visas but were still eligible for green cards, according to their attorneys.
Attorney Perspectives
Jan Joseph Bejar
Immigration attorney Jan Joseph Bejar, who recently had a client detained, warned:
> “If the arrests spread around the country, ‘It’d be huge. It would be really devastating.’”
He described the detention of a Mexican immigrant who had been in the U.S. as a teenager and had recently married a U.S. citizen. The interview had been proceeding well, but ICE agents arrived and removed him.
> “When people go in for a green‑card interview, it’s because they’ve complied with everything else and they’re at the end of the line. In other words, you’re almost there. You’ve gone through the sacrifices of paying for the government fees, for your legal fees,” Bejar said.
Shev Dalal‑Dheini
Senior director of government relations at the American Immigration Lawyers Association, Shev Dalal‑Dheini, questioned the rationale for detaining these individuals:
> “Why would you waste enforcement resources or detention resources on those individuals?”
She added that ICE’s actions were “picking up people who are following the rules that have been in place for decades.”
Courtney Koski
In Cleveland, attorney Courtney Koski noted a shift in USCIS agents’ behavior. She had a client detained on November 24 during the spousal petition process:
> “They’re finding officers scrutinizing and nitpicking every aspect of the case, looking for reasons to deny.”
Her client, a Mexican woman who had lived in the U.S. for 25 years, had a removal order tied to a government scheduling mistake. Koski plans to file to reopen her case once the spousal petition is approved.
Systemic Implications
- ICE’s detentions push cases into the immigration court system, where prosecutors can argue against granting legal status. The backlog in immigration courts can delay cases and increase costs for taxpayers.
- USCIS spokesman Matthew J. Tragesser stated that apprehensions at its offices “may occur if individuals are identified as having outstanding warrants; being subject to court‑issued removal orders; or having committed fraud, crimes, or other violations of immigration law while in the United States.”
- ICE’s statement highlighted its commitment to enforcing federal immigration laws through operations that prioritize national security, public safety, and border security.
Key Takeaways
- ICE has detained several spouses of U.S. citizens during green‑card interviews, a practice seen as unprecedented by attorneys.
- Overstaying a visa does not automatically disqualify immediate relatives from adjusting status, yet many are being detained for this reason.
- Legal experts argue that the detentions represent a misuse of enforcement resources and a departure from established immigration policy.
The cases underscore a growing tension between immigration enforcement and the rights of lawful applicants. The outcomes of these detentions will likely influence future policy and the experiences of countless others seeking permanent residency.
Closing
The recent ICE detentions of spouses during green‑card interviews highlight a potential shift in immigration enforcement tactics. While some individuals have been released or had their cases resolved, others remain in uncertain legal limbo. The broader impact of these actions on the U.S. immigration system remains to be seen, but the trend has already sparked significant concern among attorneys, advocates, and the families involved.
