By Newspot Nigeria Global Desk
Spouses of U.S. citizens seeking permanent residency in the United States are facing growing uncertainty after a wave of arrests by Immigration and Customs Enforcement (ICE) at routine green card interview appointments, a development immigration lawyers describe as unprecedented.
In recent weeks, dozens of individuals have reportedly been detained at U.S. Citizenship and Immigration Services (USCIS) offices, particularly in San Diego, with additional cases emerging in New York City, Cleveland, and Utah. Those affected include a British mother carrying an infant, a Ukrainian refugee, a German national, and the wife of a U.S. Navy veteran.
According to immigration attorneys who spoke with NBC News, the arrests mark a sharp departure from decades-long practice. Historically, spouses of U.S. citizens—classified under U.S. immigration law as “immediate relatives”—have been allowed to adjust their status even if they previously overstayed a visa, provided they met other eligibility requirements and had no criminal record.
The Trump administration, however, maintains that the detentions are lawful. Officials argue that visa overstays constitute immigration violations that may trigger enforcement actions, even during green card interviews. USCIS spokesman Matthew J. Tragesser said apprehensions may occur if individuals are found to be unlawfully present, subject to removal orders, or otherwise in violation of immigration law.
Longtime immigration practitioners disagree. Julia Gelatt, associate director of the U.S. Immigration Policy Program at the Migration Policy Institute, noted that Congress intentionally created exemptions for immediate relatives of U.S. citizens. Because the green card process can take over a year, applicants may easily fall out of status while waiting, she explained, without losing eligibility.
Jan Joseph Bejar, an immigration attorney in San Diego, described the detentions as devastating. He said one of his clients—a young man brought to the U.S. as a teenager and now married to a U.S. citizen—was detained just as his green card interview was nearing approval.
“When people go in for a green card interview, it’s because they’ve complied with everything and are almost at the finish line,” Bejar said. “Detaining them at that point has always been viewed as a waste of resources because they are eligible for permanent residency.”
Some detainees have since been released. A British woman was freed nearly a week later and had her green card approved. The wife of a U.S. Navy veteran was released on bond but must now defend her case in immigration court. Others remain in detention, with their legal status unclear.
Once detained, applicants are placed into the already backlogged immigration court system, where prosecutors may challenge their eligibility for residency—an outcome that attorneys say unnecessarily prolongs cases and increases costs to taxpayers.
The American Immigration Lawyers Association has criticized the enforcement approach, arguing that it diverts attention from serious public safety threats. “Instead of picking up violent criminals, they’re picking up people who are following the rules that have existed for decades,” said Shev Dalal-Dheini, the association’s senior director of government relations.
Legal experts also warn that the aggressive posture has had a chilling effect, prompting attorneys to advise clients to weigh the risks before attending interviews that were once considered routine.
As immigration enforcement tightens under President Donald Trump, advocates fear that many law-abiding spouses of U.S. citizens may be caught in what critics describe as a politicization of legal immigration pathways.
This report is published by Newspot Nigeria, bringing global policy developments into focus for Nigerian and international audiences.
— Newspot Nigeria
Source: NBC News
