Get handcuffed if you apply for a green card: US agencies are detaining people during interviews


US federal agencies have begun detaining immigrants — including spouses of American citizens with no criminal record — during their Green Card interviews at the USCIS field office in San Diego. Attorneys say the detentions are targeting people who originally entered the US legally but overstayed their visas and are now applying for permanent residency through marriage. Several lawyers told US media that clients were handcuffed mid-interview and transferred to ICE custody despite complying with the legal process.

Immigration attorney Saman Nasseri said at least five of his clients were arrested in just one week. All had U.S. citizen spouses, no criminal history, and were following the standard adjustment-of-status procedure. According to Nasseri, ICE and USCIS are now jointly implementing a policy to arrest “anyone out of status” at Green Card interviews. Another lawyer, Habib Hasbini, confirmed the trend and noted that detainees are being taken in under a new memo issued by ICE. He believes, so far, the practice seems confined to the San Diego USCIS location, but he has received calls from multiple families reporting similar arrests.

Attorneys now advise immigrants to attend their scheduled interviews, because failure to appear will result in automatic denial, but they warn families to be prepared for possible detentions — making childcare, financial, and workplace arrangements in advance. They also emphasise that avoiding the interview does not protect applicants anyway, because ICE can detain them elsewhere.

In one reported case, a Mexican national who has lived in the US since 2002 was handcuffed during his interview, even though his US-citizen daughter had filed for his Green Card. His lawyer said ICE officers entered the room, confirmed his identity, placed him in handcuffs, and transferred him to the Otay Mesa Detention Center. ICE provided a DHS “Warrant for Arrest” citing probable cause based on evidence that the man lacked lawful immigration status.

ICE has defended the arrests, saying its agents enforce immigration law everywhere — including at USCIS offices. The agency stated that anyone unlawfully present in the country, even if married to a U.S. citizen and attending a lawful immigration appointment, may be arrested and removed under federal law.


 

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