Go for Green Card, get handcuffed: US agencies detain visa overstays during interviews

US federal agencies have reportedly begun detaining people, including spouses of American citizens, during routine Green Card interviews at USCIS offices in San Diego. Attorneys say their clients were handcuffed and taken into custody during these appointments.

Immigration attorney Saman Nasseri told CBS8, “ICE and USCIS have started implementing a policy where ICE arrests visa overstays at USCIS offices during Green Card interviews. So if they’re out of status, ICE is making that arrest at the interviews.”

Nasseri added that five of his clients were detained during Green Card interviews just last week. “None of my clients in this situation have any arrests or criminal history. They entered legally but overstayed their visas. All of my current cases involve people married to US citizens, going through the standard process, and being taken into custody,” he said.

Another immigration attorney, Habib Hasbini, confirmed similar incidents with his clients. “The first incident occurred on November 12, just before a memo from ICE. Since then, I’ve had four more cases, and I’ve been receiving many calls from people arrested at the same facility,” he told CBS8. Hasbini noted that, so far, these detentions appear limited to the USCIS office in San Diego.

He advised those with scheduled Green Card interviews to still attend, while being cautious and prepared for potential detentions. He also recommended making family and work arrangements in case of detention, warning that missing an interview could result in a case being denied for abandonment. Individuals out of status, he added, may still face arrest by ICE regardless.

In one case highlighted by ABC10, immigration attorney Tessa Cabrera said her client, a Mexican national residing in the US since 2002, was handcuffed during his Green Card interview. “The officer said, ‘I’ll be right back,’ then two ICE officers entered, asked for his name, and handcuffed him,” Cabrera said. The man, whose US citizen daughter had applied for his permanent residency, was taken to the basement of the federal building and detained at the Otay Mesa Detention Center.

Cabrera added that ICE officers provided a “Warrant for Arrest” issued by the Department of Homeland Security, which cited probable cause based on statements made to the immigration officer or evidence that the individual lacked immigration status or was removable under immigration law.

An ICE spokesperson told CBS8 the agency is “focused on enforcing federal immigration laws through targeted operations that emphasise national security, public safety, and border security.” The spokesperson added, “Individuals unlawfully present in the United States, including those out of status at federal sites such as USCIS offices, may face arrest, detention, and removal in accordance with US immigration law.”