In a significant shift in US immigration enforcement, federal agents have begun arresting foreign-born spouses of American citizens during their routine Green Card interviews at US Citizenship and Immigration Services (USCIS) offices. This development, first reported by The New York Times, has sent shockwaves through immigrant communities.
Widespread Arrests Reported Across Multiple Cities
According to immigration attorneys, several foreign spouses have been taken into custody during what are typically standard marriage-based Green Card interviews. One attorney confirmed that his client was detained and handcuffed right in the USCIS office. The report cites Andrew Nietor, an immigration lawyer and former chair of the San Diego chapter of the American Immigration Lawyers Association, who estimates that dozens of foreign-born spouses have been arrested in San Diego alone since this new tactic emerged around November 12.
The exact number of detained individuals remains unclear. This is partly because many couples attend these interviews without legal representation. Lawyers, who would normally share such information with their peers, are often unaware of these cases when no counsel is present. The US government has not released any official count of these detentions.
Why Are Spouses Being Detained?
Immigration and Customs Enforcement (ICE) agents have been notifying applicants that they are being arrested for overstaying their permitted period on tourism or business visas. An arrest warrant reviewed by The New York Times stated that "there is probable cause to believe" the named individual is "removable from the United States."
Matthew J Tragesser, an ICE spokesman, explained the agency's position to the NYT. He highlighted that these apprehensions are carried out by ICE and can occur if individuals are identified as having outstanding warrants, are subject to court-issued removal orders, or have committed fraud, crimes, or other violations of immigration law.
However, the affected couples and their legal representatives tell a different story. They assert that they have meticulously followed all required legal steps for adjusting their immigration status. This process includes submitting extensive paperwork, paying substantial fees, undergoing fingerprinting, and completing medical examinations. The report emphasizes that none of the detained spouses had criminal records, entered the country unlawfully, and many had already been granted employment authorization.
The Legal Context and a Change in Policy
The situation presents a complex legal picture. A 1986 immigration law passed by Congress explicitly allows a spouse who entered the US legally to qualify for a Green Card through marriage, even if their initial visa has expired. While federal law does not technically prohibit the detention and potential deportation of spouses with expired visas, such actions were exceptionally rare during Green Card application processes in the past.
This new wave of arrests appears to be part of a broader initiative by the Trump administration. The development comes amid the administration's move to conduct a "full-scale, rigorous reexamination" of all Green Card applications for immigrants from "a country of concern." This heightened scrutiny follows the shooting of two National Guard members in Washington, DC, an incident reportedly carried out by an Afghan national. Despite the apparent shift in enforcement tactics, the Trump administration has not made any official policy announcement regarding these detentions.
