Arrests during green card interviews? Foreign spouses ‘detained' mid-process: Report

US federal agencies arrested several foreign spouses of American citizens during regular Green Card interviews at US Citizenship and Immigration Services (USCIS) offices in several cities, according to The New York Times. An attorney also confirmed that his client was detained and handcuffed during a Green Card interview.

The development comes amid the Trump administration's move to conduct a "full-scale, rigorous reexamination" of all Green Card applications for immigrants from "a country of concern" in the wake of the shooting of two National Guard members in Washington, DC, reportedly by an Afghan national.

Several Green Card applicants impacted

In San Diego alone, immigration lawyers in the area estimate that dozens of foreign-born spouses have been arrested since 12 November, when the new tactic first appeared, the report said, citing Andrew Nietor, an immigration lawyer.

Nietor, a former chair of the San Diego chapter of the American Immigration Lawyers Association, stated that the estimate was derived from members’ discussions about their clients. The precise number of detained spouses remains unknown, as many couples attend routine interviews without legal representatives, who would otherwise notify colleagues. The government has not released an official count of these detentions.

Why are foreign spouses being arrested?

Immigration and Customs Enforcement (ICE) agents notified the applicants that they had overstayed their permitted period for tourism or business visas. An arrest warrant, viewed by the publication, noted “there is probable cause to believe” that the named spouse is “removable from the United States.”

Matthew J Tragesser, an agency spokesman, told the NYT, highlighting that the arrests were generally done by ICE.

“Apprehensions at US Citizenship and Immigration Services 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,” Tragesser said.

However, the couples and their lawyers claimed they had followed the required steps, which include submitting extensive paperwork and paying the necessary fees. The foreign spouses had been fingerprinted and undergone medical examinations. None possessed criminal records. None had entered the country unlawfully. They had already been given employment authorisation, the report said.

What does the law say?

A 1986 immigration law enacted by Congress permits a spouse who entered legally to qualify for a green card via 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 been detained rarely during green card applications in the past. However, the Trump administration is now conducting such detentions without any official policy announcement.