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USCIS coordinates with ICE to arrest individuals at interviews

  1. Date Announced

    Aug. 13, 2018

    Discovery produced in litigation reveals coordination between USICIS and ICE to arrest individuals with final orders of removal who have sought to obtain lawful status through an I-130 petition (based on a family relationship) and provisional waiver regulations that permit waivers of grounds of inadmissibility. In particular, USCIS alerts ICE when these individuals submit I-130s, and USCIS schedules in-person interviews with the intent of ICE making an arrest at that point. ICE states that Executive Order 13768 requires them to seek to arrest these individuals.

    [ID #350]

    View Policy Document View Policy Document
  2. Effective Date of Change

    Aug. 13, 2018
  3. Subsequent Action

    August 23, 2018

    In an August 2018 hearing, Judge Wolf of D.Mass stated: "ICE may only remove them from the US after considering the fact that they were pursuing provisional waivers," [Judge] Wolf said in court Thursday. "I am not precluding ICE from taking action."

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Judge: ICE shouldn't 'remove' people applying for green cards just because they have deportation orders
Type of Action: Change in Practice
Subject Matter: Interior
Agencies Affected: ICE USCIS

Commentary

Citizenship service conspired with ICE to ‘trap’ immigrants at visa interviews, ACLU says

According to emails between federal officials unsealed in federal court documents this week, U.S. Citizenship and Immigration Services had been coordinating with ICE to alert the agency when certain immigrants eligible for deportation showed up at the CIS office for routine interviews.

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Terrible and Terrifying: Marriage Interviews Become Another Cog in the Deportation Machine

In a growing number of cases around the country, U.S. Immigration and Customs Enforcement (ICE) has adopted a novel and reprehensible approach to apprehending potentially deportable immigrants: seizing them during the marriage interview component of their immigration application process.

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