Key Takeaways
- ICE is now arresting visa overstayers during marriage-based green card interviews at USCIS offices
- Multiple attorneys report detentions in San Diego, primarily targeting those who entered legally but overstayed
- Arrests are occurring in front of American spouses and children during interviews
- No formal policy announcement has been made about this enforcement shift
US immigration attorneys are warning that green card interviews have become unexpectedly dangerous for visa overstayers. Immigration and Customs Enforcement (ICE) has begun detaining applicants during marriage-based immigration interviews at USCIS offices, primarily in San Diego.
According to reports from the New York Times and CBS 8, these arrests target individuals who entered the US legally but overstayed their visas, regardless of criminal history.
Spouses of US Citizens Detained
Immigration attorney Saman Nasseri told CBS 8 that ICE now arrests “anyone who is a visa overstay” during interviews. Last week alone, five of his clients were detained – all legally married to American citizens with no criminal records.
“None of my clients have any arrests or criminal history. These are just cases where they entered legally and overstayed their visa,” Nasseri emphasized.
Attorney Charles Kuck described the situation on social media: “This is also true. Evil, but true.”
San Diego Emerges as Epicenter
Attorney Habib Hasbini reports receiving multiple similar cases, all from the San Diego USCIS office. The first arrest occurred on November 12, followed by several more cases and family distress calls.
“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,” Hasbini noted.
He advises applicants not to skip interviews (which could lead to denial for “abandonment”) but to prepare for possible detention.
Former American Immigration Lawyers Association leader Andrew Nietor estimates several dozen spouses have been detained in the area since November 12, based on attorney communications. Official numbers remain unavailable.
Traumatic Arrests Before Families
The Mirror documented cases where ICE officers detained immigrants during interviews in front of their American spouses and children.
In one incident, Audrey Hestmark described three masked ICE agents handcuffing her German husband and showing only a QR code instead of official identification.
Another case involved Stephen Paul watching officers arrest his pregnant British wife, Katie, while she was breastfeeding their infant. Viral video shows agents taking the baby from her arms before detention.
Official Statements
ICE stated it enforces immigration laws “through operations that protect national security and public safety.” Anyone “unlawfully present” at federal facilities like USCIS offices may face “arrest, detention and removal under immigration law.”
The agency recommended “self-deportation” as the safest option for those without legal status.
USCIS spokesperson Matthew J Tragesser confirmed arrests are permitted when individuals have outstanding warrants, removal orders, committed fraud/crimes, or have other immigration violations. These operations are conducted by ICE, not USCIS.
Systemic Context
Many green card applicants become visa overstayers due to slow processing times. Adjustment-of-status cases often take months or years, leaving applicants in legal limbo.
A 1986 immigration law allows legally-entered individuals to apply for marriage-based green cards even with expired visas.
While ICE has legal authority to detain visa overstayers, arrests during green card interviews were previously extremely rare. Attorneys attribute this enforcement shift to the Trump administration, implemented without formal policy announcement.
