Out of status? ICE may arrest you at your green card interview, lawyers sound alarm

Immigration authorities are arresting visa overstays during green card interviews at USCIS offices in San Diego, alarming attorneys and immigrant families who say the practice is separating spouses and deterring lawful applicants from continuing the immigration process.

“ICE is now making arrests at USCIS offices during the green card interviews on anyone who is a visa overstay,” said immigration attorney Saman Nasseri, speaking to CBS 8. “These are just cases where they entered legally and overstayed their visa.”

Nasseri confirmed five of his clients—none with prior arrests or criminal records—were detained last week. All were married to U.S. citizens and undergoing routine green card interviews.

The arrests, described as a coordinated move between ICE and USCIS, appear to be limited to San Diego. Immigration attorney Habib Hasbini reported similar detentions, beginning on November 12—the day before a reported internal ICE memo authorizing such operations.

“I’ve been getting a lot of phone calls from people who were arrested from the same facility,” Hasbini said, noting the arrests are not occurring in other counties.

ICE confirmed the detentions, stating it is enforcing immigration law through “targeted operations that prioritize national security, public safety, and border security.” The agency emphasized that being unlawfully present at a federal site may lead to arrest, and encouraged voluntary departure using tools like the CBP Home app.

Disturbingly, some arrests occurred during interviews in front of spouses and even children. The Mirror reported one case involving a six-month-old infant. In another, Stephen Paul recounted how his pregnant British wife, Katie, was handcuffed in front of him during their appointment.

“We had done everything they asked us to do… and despite all that, they arrested her,” Paul said.

Legal experts warn the arrests could discourage even eligible applicants from attending interviews, potentially resulting in case denials and family separations.