ICE Arrests at Green Card Interviews Could Be Back
Summary
The U.S. Court of Appeals for the Fourth Circuit is considering a government appeal against a court decision that stopped ICE from arresting immigrants during green card interviews. This appeal arose from a lawsuit claiming such arrests violate due process and existing regulations. The case involves people who were detained while attending immigration appointments for green card applications with their U.S. citizen spouses.Key Facts
- The U.S. Department of Justice is challenging a 2024 court ruling that prevents ICE from making arrests during marriage-based green card interviews.
- The lawsuit was originally filed by the American Civil Liberties Union in 2020.
- Plaintiffs claim these arrests conflict with the provisional waiver process established in 2013 and expanded in 2016.
- The 2024 court order blocked ICE from detaining people at green card interviews within the Fourth Circuit’s jurisdiction.
- Government lawyers argue that people with final removal orders have no legal right to stay and that the waiver process doesn't protect against deportation.
- Opposing lawyers argue that changes to enforcement policies should follow formal procedures, not just informal shifts.
- ACLU attorneys describe the practice as a "bait and switch" for those relying on previous guidance.
- ICE reportedly acts on enforcement opportunities as they arise, not specifically targeting green card interviewees.
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