A green card interview is normally a straightforward step for couples. But several immigration attorneys say this step has now become risky in parts of the US. According to reports from the New York Times and CBS 8, Immigration and Customs Enforcement (ICE) has begun detaining people inside USCIS offices during marriage-based green card interviews.
Immigration attorney Saman Nasseri told CBS 8 that ICE has started arresting anyone who has overstayed a visa, even if the person entered the US legally and has no criminal history.
Spouses of US citizens taken into custody
Nasseri told CBS that five of his clients were detained just last week. All of them were legally married to American citizens. None had any kind of criminal record. He said, “ICE and USCIS have started implementing a policy where ICE is now making arrests at USCIS offices during the green card interviews on anyone who is a visa overstay. If they’re out of status, ICE makes that arrest at the interviews.”
He added, “None of my clients have any arrests or criminal history. These are just cases where they entered legally and overstayed their visa.” Another US immigration attorney, Charles Kuck, reacted to the news on social media, saying, “This is also true. Evil, but true.”
This is also true. Evil, but true. https://t.co/ABQr1P5vTp
— Charles Kuck (@ckuck) November 27, 2025
San Diego seeing most cases
Another immigration lawyer, Habib Hasbini, said he has been getting similar calls, all from the San Diego USCIS office. He said the first arrest he heard of happened on November 12, right before an ICE memo came out. After that, he got four more cases, along with several phone calls from families.
“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 added. He advised people not to skip their interviews, because missing an appointment can lead to a denial for “abandonment.” But he also warned families to be prepared for the possibility of detention.
Immigration lawyer Andrew Nietor, a former leader in the San Diego chapter of the American Immigration Lawyers Association, told the NYT that several dozen spouses have likely been detained in the area since November 12. That number is based on messages exchanged between lawyers. The government has not released any official number.
Arrests are being made in front of families
The Mirror reported that ICE officers have walked into green card interview rooms in San Diego and detained at least two immigrants in front of their American spouses, and even a six-month-old baby.
One case involved Audrey Hestmark and her German husband, Tom Bilger. She said three masked ICE agents handcuffed her husband and showed them only a QR code instead of an official ID.
In another case, Stephen Paul watched officers arrest his British wife, Katie, even though she is pregnant and considered high-risk. A video that is now viral shows ICE agents taking her infant from her arms while she was breastfeeding before detaining her.
What ICE says
In a statement to CBS 8, ICE said the agency is enforcing immigration laws through operations that protect national security and public safety. They also said that anyone who is unlawfully present, including people who are “out of status” at federal facilities like USCIS offices, may face arrest, detention and removal under immigration law.
ICE added that “self-deportation” remains the safest option for people living in the US without legal status.
A USCIS spokesperson, Matthew J Tragesser, said arrests at USCIS offices are allowed when a person: Has an outstanding warrant, has a court removal order, committed fraud or crimes, or has other immigration violations. He added that these arrests are carried out by ICE, not USCIS.
Many green card applicants end up with expired visas because the US system moves slowly. Adjustment-of-status cases can take months or even longer, leaving people stuck in limbo. Under a 1986 immigration law, someone who entered the US legally can still apply for a marriage-based green card even if their visa has expired.
While the law does allow ICE to detain people with expired visas, arrests during green card interviews were extremely rare. Lawyers say that changed under the Trump administration, which has now started making these arrests without announcing any formal policy change.
