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Can US green card interview turn into arrest? Immigration attorneys warn ‘This is evil, but true’
Green Card alert: ICE has started detaining people during green card interviews at USCIS offices, affecting even those with no criminal history.
Green Card alert: Envision attending a green card interview at a United States Citizenship and Immigration Services (USCIS) office only to leave in handcuffs. As reported by various immigration attorneys, this has become a reality within the American immigration framework. According to coverage by the New York Times and CBS 8, US Immigration and Customs Enforcement (ICE) has started to detain individuals during green card interviews at USCIS offices.
“ICE and USCIS have started implementing a policy where ICE is now making arrests at USCIS offices during the green card interviews on anyone who is a visa overstay. If they’re out of status, ICE makes that arrest at the interviews,” stated Saman Nasseri, an immigration attorney, as per CBS 8.
‘This is evil, but true’
Attorneys said that even people with no criminal history who entered the US lawfully are subject to this practice. In response to the report, American immigration lawyer Charles Kuck said in a tweet, “This is also true. Evil, but true.”
Green card alert: Five US citizens' spouses arrested
Nasseri informed CBS that five of his clients were detained last week. All of them were spouses of US citizens undergoing the standard green card process, and none had any criminal history. According to him, none of his clients have any arrests or criminal history. These were simply cases where they entered legally and overstayed their visa.
Immigration attorney Habib Hasbini reported similar occurrences, mentioning that the detentions seem to be confined to the San Diego USCIS office.
Green card alert: Are arrests taking place just in San Diego?
The first incident occurred on November 12, the night before the ICE issued a memo, Hasbini said. Following that, he had four additional cases to manage, however, he has been receiving several phone calls from individuals who were detained at the same facility. “I have relationships with many attorneys working in many other counties; this is not happening for their clients in their vicinity, or it's only happening in San Diego,” the lawyer noted.
Hasbini recommended that people with upcoming green card interviews should attend their scheduled appointments, while also preparing for the possibility of arrest, as failing to attend an interview may result in a denial due to abandonment.
Green card alert: All on San Diego arrest
ICE arrested at least two immigrants in San Diego green card interview rooms in front of their American spouses and a six-month-old infant, according to reports from The Mirror. The incidents happened a few days after the latest wave of arrests launched on November 12.
According to CTN, Audrey Hestmark, the American spouse of German national Tom Bilger, claimed that three masked ICE officials detained her husband and displayed a QR code in lieu of official identification. In a different instance, Stephen Paul's British wife Katie was arrested by ICE. The couple had intended to remain in the United States due to her high-risk pregnancy.
ICE is “committed to enforcing federal immigration laws through targeted operations that prioritize national security, public safety, and border security,” the agency's representative told CBS 8.
Those who are in the country illegally, including those who are out of status at federal locations like USCIS offices, may be arrested, detained, and deported in accordance with US immigration law, as per the statement.
ICE added that resources like the CBP Home app are available to assist with the process and that self-deportation is still the safest choice for anyone living in the US illegally.
