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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


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