In recent months, there has been a noticeable uptick in Immigration and Customs Enforcement (ICE) actions during interviews at U.S. Citizenship and Immigration Services (USCIS) field offices, particularly in certain locations in California. We have heard reports have specifically documented instances where ICE agents have arrested applicants during or immediately following their USCIS interviews, particularly those related to family-based adjustment of status.
This heightened enforcement is part of a broader strategy established by recent immigration policy updates, which state that USCIS can issue Notices to Appear (NTAs) to beneficiaries of Form I-130, Petition for Alien Relative, without providing any immigration status or relief from removal. Policy directives from the previous administration have shifted the dynamics of immigration enforcement, leading to active detentions during USCIS appointments.
Common Scenarios Triggering Enforcement Actions
1. Prior Removal Orders: Applicants with previous removal orders are classified as “high-risk” and are therefore more susceptible to detention.
2. Criminal History: Individuals with convictions involving crimes of moral turpitude, aggravated felonies, drug offenses, or violent conduct face increased scrutiny. Such histories can lead to grounds for inadmissibility or deportability, escalating the chances of detention by ICE.
3. Fraud or Misrepresentation: USCIS officers are reportedly scrutinizing applicants for inconsistencies in past disclosures that might indicate fraud, raising the risk of arrest during interviews.
4. Adverse Immigration Decisions: Individuals with previously denied applications or other adverse immigration determinations are more likely to encounter enforcement actions during interviews, especially when combined with other risk factors.
5. Immigration Violations: Applicants who entered the U.S. without inspection or have accrued unlawful presence are also at risk. It is important for practitioners to differentiate between unlawful presence and unlawful status, as each carries distinct consequences.
Enforcement Actions at USCIS Offices
Coordination between USCIS and ICE has reportedly increased, resulting in procedural changes that allow enforcement actions to occur during or shortly after interviews. Interviewees may face examination lists pre-screened by ICE to identify individuals who fit enforcement priorities. During interviews, Immigration Service Officers (ISOs) are required to relay information to ICE regarding the applicant’s health and potential eligibility for adjudication of their Form I-485, which can influence ICE’s decision to detain.
Indicators of potential detention during an interview may include situations where the petitioner is escorted out of the room or when the interviewing officer engages in prolonged questioning about the applicant’s immigration history or any previous arrests. We recommend
• Documentation: Gather key documents that illustrate family and community ties, good moral character, and eligibility for relief.
• Client History Review: A comprehensive criminal history check should include all arrests, convictions, and any pending legal matters.
• Document Retention: All relevant documents should be organized ahead of the meeting, with an emphasis on updating and verifying records that support the application’s bona fides.
• Understanding Risks and Procedures: Understand the consequences of failing to attend the interview, and the importance of having an emergency contact for immediate communication in case of detention.
We are in a new and dangerous world of enforcement even in a benefit setting.