Green Card Applicants Married to U.S. Citizens Detained During Interviews

What was meant to be the final step in a long journey toward permanent residency for many foreign spouses of US citizens has instead become a moment of shock, fear and uncertainty, as US immigration authorities have begun detaining applicants during routine green card interviews in cities across the country. 

In several recent cases beginning Nov. 12, U.S. Immigration and Customs Enforcement (ICE) agents entered US Citizenship and Immigration Services (USCIS) offices and arrested foreign-born spouses just as they were completing interviews to obtain lawful permanent residency through marriage. Some of those taken into custody had no criminal records and had been following legal advice that visa overstays — common among those adjusting status — are typically forgiven when married to a US citizen. 

One woman from the United Kingdom, holding her five-month-old baby, described the moment an ICE agent told her there was a warrant for her arrest. She said the experience was “absolutely traumatizing” as she was led away, leaving her infant in the arms of her husband. After five days in custody, she was ultimately released and her green card approved, but the emotional toll on the family was profound. 

Another spouse, the wife of a US Navy sailor, was taken into custody during her green card interview, leaving her husband in disbelief. Attorneys for several detained spouses have said they have never seen such enforcement at USCIS interviews in their years of practice. They argue that spouses of U.S. citizens are normally exempt from arrest at these offices under long-standing exceptions in immigration law. 

For many couples, the scene has felt surreal. In more than one case reported by local media, ICE agents wearing masks and tactical gear entered interview rooms, handcuffed petitioners, and took them to detention centers. Some families said they were left without clear information about where their loved ones were being held. Attorneys said those arrested had entered the United States legally and were simply trying to follow the proper immigration process. 

ICE has defended the actions, stating that individuals who are “unlawfully present” in the United States — including those with visa overstays — may be subject to arrest, detention and removal under federal law. The agency has stressed that enforcement is carried out to uphold immigration laws and prioritize national security, public safety, and border security. 

But immigration lawyers counters that, traditionally, spouses of U.S. citizens who are adjusting status in the United States have been protected from such detentions, even if they overstayed a visa, because federal law allows them to remain in the country while their applications are processed. They say the recent sweep appears to represent an unprecedented shift in enforcement practices.

Beyond San Diego, other reports of detentions of immigrants with pending green card or immigration cases have raised broader concerns about the direction of US immigration enforcement. A woman waiting for her green card and traveling with her young son was detained by ICE at the US–Canada border despite having work authorization and other valid documents. 

These developments come amid a broader climate of heightened immigration enforcement, with critics arguing that aggressive tactics undermines confidence in legal pathways to residency and tears families apart. Supporters of stricter enforcement say the government is simply enforcing existing laws. The contrasting views highlight deep divisions in US immigration policy and the real human impacts of those policies on families who believed they were following the rules.

As attorneys and advocacy groups work to secure the release of those detained, many couples say they are left grappling not just with legal battles but with profound emotional strain. They worry not only about their spouses’ freedom but about future immigration interviews, travel, employment, and the stability of their families — once assured by the promise of lawful permanent residency.