Green card interviews used as decoy for ICE arrests

Evidence has emerged that green card interviews are being used as a de facto tool to arrest applicants with past immigration violations or criminal records. Internal guidance shows that the U.S. Citizenship and Immigration Services (USCIS) notifies Immigration and Customs Enforcement (ICE) of applicant information just before interviews conclude, raising anxiety among applicants with irregular stay histories.

According to Axios, which obtained internal USCIS documents, officers have been instructed to alert ICE at the end of green card interviews. The report, published on December 23, says adjudicators screen cases in advance to identify applicants who may be subject to arrest. After the interviews end and staff leave the room, ICE agents then enter to take applicants into custody, according to accounts from immigration attorneys.

For years, this enforcement approach was largely considered taboo. Court appearances and USCIS offices were widely viewed as relatively safe spaces where applicants could pursue lawful status. Under the Immigration Reform and Control Act of 1986, foreign nationals who entered the United States legally may apply for permanent residency through marriage to a U.S. citizen even after a visa has expired. However, since the Trump administration, ICE has expanded enforcement under the principle that visa overstays constitute grounds for deportation.

Arrests reported after interviews — even approvals

Recent cases have heightened concern in the Korean-American community. In February, Hwang Tae-ha, 38, who married earlier this year, attended a marriage-based green card interview with his U.S. citizen wife at the USCIS office in downtown Los Angeles. During the interview, ICE agents arrested and detained him. His wife, Xelena Diaz, said she waited in the lobby, unaware of the arrest, and received no explanation from USCIS staff.

Attorneys report similar incidents elsewhere. In San Diego, an immigration lawyer said ICE agents entered immediately after an interviewer told an applicant that “there were no issues with the case.” In Cleveland, an applicant who had lived in the United States for 25 years received approval for a marriage-based green card but was taken into custody right after the interview and remains in ICE detention.

Dozens of such arrests have been reported at USCIS field offices nationwide. Most involved applicants who entered the country legally and were pursuing marriage-based residency but had record issues such as visa overstays or failure to update addresses.

Experts warn that the interview stage, once seen as the final step toward permanent residency, is effectively becoming an enforcement checkpoint. Because the change reflects practice rather than formally announced policy, they say it may deter applicants from attending interviews and narrow lawful pathways to status adjustment.

Official reactions and legal advice

The USCIS Employees Union urged law enforcement partners to exercise discretion about when, where, how, and why arrests occur. Immigration authorities, however, maintain that visa overstays remain valid grounds for removal.

Immigration attorneys advise applicants to thoroughly review their immigration history before attending interviews. They recommend confirming address updates, checking for past removal orders, and consulting counsel to assess risk.

BY HANKIL KANG  [kang.hankil@koreadaily.com]