US federal agencies have arrested several foreign spouses of US citizens during regular green card interviews at US Citizenship and Immigration Services (USCIS) offices in several cities, according to The New York Times. The attorney also confirmed that his client was detained and handcuffed during the green card interview.
The development comes as the Trump administration conducted a “full and rigorous review” of all green card applications for immigrants from “countries of concern” in the wake of the shooting of two National Guard members in Washington, DC, allegedly by an Afghan national.
Several green card applicants affected
In San Diego alone, immigration attorneys in the area estimate that dozens of foreign-born spouses have been arrested since the new tactic first appeared on Nov. 12, the report said, citing immigration attorney Andrew Nietoro.
Nietor, former president of the San Diego chapter of the American Immigration Lawyers Association, said the estimate was derived from members’ discussions about their clients. The exact number of spouses detained remains unknown, as many couples attend routine interviews without legal representatives to inform colleagues otherwise. The government has not released an official number of these detentions.
Why are foreign spouses arrested?
Immigration and Customs Enforcement (ICE) agents have notified applicants that they have overstayed their tourist or business visas. The warrant seen by the publication states that “there is probable cause to believe” that the named spouse is “removable from the United States.”
Matthew J Tragesser, a spokesman for the agency, told the NYT, stressing that arrests were generally made by ICE.
“Arrests at U.S. Citizenship and Immigration Services offices may occur if individuals are identified as having outstanding warrants, are subject to removal orders, or have committed fraud, a felony or other violation of immigration law while in the United States,” Tragesser said.
However, the couples and their lawyers said they followed the required steps, which include submitting extensive paperwork and paying the necessary fees. Foreigners were fingerprinted and underwent medical examinations. None had a criminal record. No one entered the country illegally. They have already been granted work permits, the report said.
What does the law say?
An immigration law passed by Congress in 1986 allows a spouse who entered legally to qualify for a green card through marriage, even if their visa has expired. While federal law does not prohibit spouses with expired visas from being detained and facing deportation, they have rarely been detained during green card applications in the past. However, the Trump administration is now conducting such detentions without any official announcement of the policy.
