In the past few months, immigration lawyers in the United States have reported several dozen cases of foreign spouses of Americans being arrested during interviews at US Citizenship and Immigration Services.
Many such cases are confined to San Diego, while cases have also been reported in New York, Cleveland and Utah, according to an NBC report citing immigration lawyers and local news.
It is an “unprecedented” departure from decades of policy, the news outlet said, citing lawyers whose clients are panicking that they could be detained even though they are eligible for legal permanent US citizenship and have no criminal record.
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Why are Trump officials arresting green card applicants?
Detaining green card applicants is one of the latest tactics by the Donald Trump administration to target legal immigration as it tightens its vetting of those seeking permanent residency.
Defense officials said several of the arrests occurred because people lost their status by overstaying their visas.
But veteran lawyers say that’s never been a problem, and Congress grants exemptions to spouses of U.S. citizens seeking permanent residency.
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Are the arrests legal?
Under immigration law, immediate relatives of US citizens, such as spouses, have legal rights to obtain a green card, even if they were in illegal immigrant status at the time they applied for permanent residence.
“There was a carve-out that was for immediate relatives of US citizens, including spouses. This was or is a legal avenue for them to adjust their status. It’s about doing things the ‘right way,'” Julia Gelatt, associate director of the U.S. immigration policy program at the Institute on Migration, told NBC News.
Because the green card process takes months, people “could very easily fall out of status right in the process of waiting for a green card through their marriage,” she said.
How many green card arrests have there been so far?
The exact number of arrests of green card applicants is not easy to quantify, lawyers quoted by NBC News said. However, several spouses of US citizens fall into the category of overstaying their visas – the category that causes green card arrests.
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According to the United States Citizenship and Immigration Services, hundreds of thousands of people are currently in the same stage of processing their green card applications, meaning more arrests could be made in the coming days.
What is the position of the Trump administration?
In a statement to NBC News in early November, Immigration and Customs Enforcement (ICE) said illegal immigrants would face arrest.
ICE said it “is committed to enforcing federal immigration laws through targeted operations that prioritize national security, public safety, and border protection.”
“Individuals unlawfully present in the United States, including those without status at federal locations such as USCIS offices, may face arrest, detention, and removal in accordance with U.S. immigration law,” the statement said.
Key things
- The recent arrests mark a shift in immigration enforcement, targeting even those who are eligible for legal permanent residency.
- Immediate relatives of US citizens have specific legal rights that should protect them from deportation under current immigration laws.
- The arrests caused panic among applicants and raised questions about the legality of the current administration’s tactics.
