Can ICE Arrest You If You Have a Pending Immigration Application? What’s Actually Happening in 2026

Can ICE Arrest You With a Pending Immigration Application?

Yes. ICE can arrest you even if you have a pending immigration application, including a marriage-based green card, I-485, or other USCIS filing.

A pending application does not provide legal protection from immigration enforcement. Recent ICE arrests at USCIS interviews show that individuals who are technically removable—such as visa overstays or those with prior removal orders—can be detained during or immediately after USCIS appointments.

Many people still attend USCIS interviews safely every day, but some cases now carry real enforcement risk and should be reviewed carefully before attending.

Why This Question Is So Often Asked?

This question is exploding online because it is no longer theoretical.

Herman Legal Group has documented multiple cases in which ICE officers arrested immigrants during or immediately after USCIS interviews, including marriage-based green card interviews. These arrests represent a sharp departure from long-standing practice and have understandably caused fear and confusion.

HLG first reported on this shift after internal guidance and real-world arrests surfaced:
USCIS Interview Arrests After Leaked ICE Memo

Since then, immigrants across the country have been asking:

Understanding the question, “Can ICE arrest you with a pending immigration application,” is crucial for many immigrants today.

• “Is it safe to go to my interview?”

• “Does a pending marriage case protect me?”

• “Can ICE arrest me even if I have no criminal record?”

A Pending Application Does Not Equal Protection

One of the most dangerous misconceptions in immigration law is the belief that filing an application makes someone “safe.”

It does not.

A pending application:

• Does not grant lawful status by itself

• Does not erase visa overstays

• Does not cancel prior removal orders

• Does not prevent ICE from acting if enforcement authority already exists

USCIS processes benefits. ICE enforces removals. While they are separate agencies, information sharing exists, and ICE does not need USCIS permission to act.

HLG explains this enforcement coordination in detail here:
Why ICE Is Now Waiting at USCIS Interviews

What Changed: ICE Arrests at USCIS Interviews

Historically, USCIS interviews—especially marriage interviews—were considered low-risk. That assumption is no longer reliable.

In 2025, ICE arrested multiple applicants at or immediately after USCIS interviews, including individuals whose only issue was a visa overstay.

HLG documented these cases in detail:
ICE Arrests at Marriage Green Card Interviews (2025)

These were not individuals with violent criminal histories. In some cases, the overstay was short. What mattered was that ICE viewed them as removable at that moment, despite pending applications.

Who Is Actually at Risk

ICE does not arrest people randomly. Arrests tend to involve identifiable risk factors, including:

• Visa overstays (even short ones)

• Prior removal or deportation orders

• Entry without inspection

• Missed immigration court hearings

• Prior immigration fraud or misrepresentation

• Previous ICE supervision or encounters

HLG has specifically analyzed arrests involving short overstays at marriage interviews:
Can ICE Arrest You for a Short Overstay at a Marriage Interview?

ICE Arrest Risk Assessment (2026)

Use this framework to assess your exposure:

If you do not know which category you fall into, you should not assume you are low risk.

Common Scenarios People Are Asking About

Marriage-Based Green Card Interviews

Marriage to a U.S. citizen does not block ICE. Several 2025 arrests involved spouses of U.S. citizens whose cases were still pending.

If you have any overstay or prior issues, read first:
Should I Go to My USCIS Interview If I Overstayed?

Adjustment of Status (I-485)

A pending I-485 does not automatically grant lawful status. ICE may still act if removability exists at the time of the interview.

Biometrics Appointments

Arrests are less common at biometrics but not impossible. The risk depends on whether ICE already has authority—not the type of appointment.

Attending an ICE Check-In: What Is the Risk of Arrest?

ICE check-ins are one of the highest-risk encounters in the immigration system.

A check-in is not a benefit appointment. It is an enforcement interaction with Immigration and Customs Enforcement, and ICE officers already have access to your full immigration file when you arrive.

When ICE Check-Ins Are Required

People are typically required to attend ICE check-ins if they are:

• Under a final order of removal

• Released from detention on supervision

• Previously ordered removed but not yet deported

• Required to report under an Order of Supervision (OSUP)

Can ICE Arrest You at a Check-In?

Yes. ICE can arrest you at a check-in, and arrests at check-ins are legally routine.

Unlike USCIS interviews, ICE does not need a new trigger. If ICE determines that:

• You are currently removable, and

• There is no legal barrier preventing detention or removal

ICE may take you into custody immediately at the check-in.

Factors That Increase Arrest Risk at ICE Check-Ins

Risk is higher if:

• You have a final removal order

• Your prior stay of removal has expired

• You missed past check-ins

• Your country of nationality is currently accepting removals

• ICE believes removal is now logistically possible

• You have pending applications that do not stay removal (e.g., I-130 alone)

Critical Point

A pending immigration application does not stop ICE from arresting you at a check-in unless it creates a legal stay of removal.

Before attending a check-in, it is often essential to confirm:

• Whether a stay of removal exists

• Whether a motion to reopen, appeal, or petition actually blocks enforcement

• Whether reporting can or should be deferred through counsel

Attending Immigration Court: Can ICE Arrest You There?

Immigration court appearances carry a different—but still serious—risk profile.

ICE officers are frequently present in or near immigration courts. Arrests can and do occur, but the risk depends heavily on posture and timing.

Can ICE Arrest Someone at Immigration Court?

Yes, but the risk varies significantly by situation.

ICE arrests at or near immigration court most commonly occur when:

• A case is dismissed

• Proceedings are terminated without relief

• A judge issues a final order of removal

• An individual fails to appear and is later located

• A respondent leaves the courtroom after losing a case

Lower-Risk Court Appearances

Risk is generally lower when:

• Your case is actively pending

• You are appearing with counsel

• No final order has been issued

• The court has jurisdiction and proceedings are ongoing

That said, lower risk does not mean zero risk, especially for individuals with prior orders or enforcement history.

High-Risk Court Situations

Risk increases sharply when:

• DHS moves to dismiss proceedings and the person becomes immediately removable

• The judge denies relief and orders removal

• There is confusion over jurisdiction or venue

• ICE already has a detainer or enforcement plan in place

Practical Reality

Immigration court is not a sanctuary. ICE has legal authority to arrest removable individuals once proceedings end or protections dissolve.

This is why case posture matters far more than the physical location.

Key Takeaway: Not All Appointments Carry the Same Risk

Bottom Line

• ICE check-ins are enforcement events, not administrative formalities

• Immigration court arrests usually occur after protection ends, not while relief is pending

• Pending applications do not automatically protect against arrest in either setting

For individuals with:

• Prior removal orders

• ICE supervision

• Complex court histories

Strategy must come before attendance.

What You Should Do Before Attending Any USCIS, ICE or Immigration Court Appointment

If there is any uncertainty, take these steps before attending:

1. Confirm whether you have ever been ordered removed

2. Review all entries, exits, and overstays carefully

3. Obtain your full immigration record if unclear

4. Speak with an immigration lawyer who understands enforcement risk

HLG’s guidance on interview risk is here:
Should I Go to My USCIS Interview?

Frequently Asked Questions: ICE Arrests, USCIS Interviews, ICE Check-Ins & Immigration Court (2026)

Can ICE arrest me if I have a pending immigration application?

Yes. A pending immigration application—such as an I-130, I-485, or asylum application—does not automatically protect you from ICE arrest. If ICE already has legal authority to detain you (for example, due to a visa overstay, prior removal order, or unlawful entry), it can act even while an application is pending.

Does marriage to a U.S. citizen prevent ICE from arresting me?

No. Marriage to a U.S. citizen does not stop ICE from making an arrest. Recent ICE arrests have occurred at marriage-based green card interviews involving spouses of U.S. citizens whose cases were still pending.

Can ICE arrest me at a USCIS interview?

Yes. While most USCIS interviews proceed normally, ICE has arrested some individuals during or immediately after USCIS interviews when the person was considered removable at that time. The risk depends on your immigration history, not simply on attending the interview.

Is it safe to go to my USCIS interview if I overstayed my visa?

It depends. Some visa overstays attend interviews without incident, while others have been arrested. Risk factors include the length of the overstay, prior immigration violations, prior removal orders, and whether ICE is already aware of your case. A legal review before attending is often critical.

Can ICE arrest me at a biometrics appointment?

Arrests at biometrics appointments are uncommon, but not impossible. ICE enforcement is driven by existing authority, not the type of appointment. If ICE already has grounds to detain you, the appointment itself does not prevent enforcement.

What is the risk of arrest at an ICE check-in?

ICE check-ins are high-risk enforcement encounters. ICE officers already have access to your file and may arrest you immediately if they determine that you are removable and no legal stay of removal is in place. Pending applications alone usually do not stop ICE at a check-in.

Does a pending application stop ICE from arresting me at a check-in?

Usually no. Unless your application creates a legal stay of removal (such as a granted stay, appeal, or court-ordered protection), ICE may still arrest you at a check-in even if paperwork is pending with USCIS.

Can ICE arrest me at immigration court?

Yes, but timing matters. ICE arrests at or near immigration court most often occur after a case is dismissed, terminated, or denied, or when a judge issues a final order of removal. Arrest risk is generally lower while a case is actively pending, but it is not zero.

Is immigration court a “safe place” from ICE?

No. Immigration court is not a sanctuary. ICE officers are frequently present in or near courthouses and may arrest individuals once legal protections end.

Can ICE arrest me if I have no criminal record?

Yes. Many ICE arrests involve individuals with no criminal convictions. Immigration violations—such as overstays, unlawful entry, or prior removal orders—can be sufficient grounds for arrest.

Does filing an I-130 or I-485 give me lawful status?

No. Filing forms does not automatically grant lawful status. Some applicants receive temporary benefits, such as work authorization, but removability can still exist depending on your history.

What is the difference between being “in process” and being “in status”?

Being “in process” means USCIS is reviewing your application. Being “in status” means you currently have lawful permission to remain in the U.S. Many people with pending applications are not in lawful status.

If ICE arrests me, does that mean my immigration case is over?

Not necessarily. An arrest does not automatically end your case, but it can dramatically change your legal posture, including detention, bond eligibility, and court strategy. Early legal intervention is critical.

Should I attend my USCIS interview or ICE check-in without a lawyer?

If there is any uncertainty about prior removals, overstays, entries, or past enforcement, attending without legal review can be risky. Many arrests occur because risks were not identified in advance.

How do I know if I have a prior removal order?

Some people have removal orders they are unaware of, including in-absentia orders from missed court dates. A full immigration record review is often necessary to confirm whether an order exists.

What should I do before any USCIS appointment, ICE check-in, or court hearing?

Before attending, you should confirm your full immigration history, identify any prior removal orders, review overstays and entries carefully, understand whether any stay of removal exists, and consult with an experienced immigration attorney if risk is unclear.

Why are ICE arrests at interviews happening now?

Recent enforcement patterns show increased willingness by ICE to act when individuals are considered removable, even during traditionally low-risk moments such as USCIS interviews. This reflects an enforcement shift, not random arrests.

Where can I get help assessing my risk?

Risk assessment is case-specific. If you are unsure whether attending an appointment is safe, you can schedule a confidential consultation with Herman Legal Group at
https://www.lawfirm4immigrants.com/book-consultation/

Is this article legal advice?

No. This content is informational only. Immigration outcomes depend on individual facts, history, and jurisdiction.

The Bottom Line

A pending immigration application does not guarantee safety.

ICE has shown that it is willing to arrest individuals at USCIS interviews, ICE appointments, and even Immigration Court hearings — when removability exists—even in marriage cases, even without criminal convictions.

The difference between a routine interview and detention often comes down to one overlooked detail in your immigration history.

If you are unsure, do not guess.

You can schedule a confidential consultation here:
Book a Consultation with Herman Legal Group

Immigration Enforcement & Interview Safety — Essential Resources (2026)

Herman Legal Group — ICE Arrests & USCIS Interview Guidance

These articles document real enforcement trends and provide practical, lawyer-driven analysis:

• USCIS Interview Arrests After Leaked ICE Memo

• Why ICE Is Now Waiting at USCIS Interviews

• ICE Arrests at Marriage Green Card Interviews (2025)

• Can ICE Arrest You for a Short Overstay at a Marriage Interview?

• Should I Go to My USCIS Interview If I Overstayed?

ICE Check-Ins, Detention, and Enforcement

Official government resources explaining ICE authority and custody status:

• ICE — Enforcement and Removal Operations (ERO):
  https://www.ice.gov/ero

• ICE — Check-In and Supervision Information:
  https://www.ice.gov/detain/ero

• ICE Detainee Locator System (for family emergencies):
  https://locator.ice.gov

USCIS Appointments & Case Status

Use these official tools to confirm appointment details and case posture:

• USCIS Case Status Online:
  https://egov.uscis.gov/casestatus/

• USCIS Interview & Appointment Guidance:
  https://www.uscis.gov/tools/find-a-uscis-office

• USCIS Policy Manual (legal standards officers apply):
  https://www.uscis.gov/policy-manual

Immigration Court & Removal Proceedings (EOIR)

Critical resources for court appearances and hearing posture:

• EOIR Immigration Court Information:
  https://www.justice.gov/eoir

• EOIR Automated Case Information System:
  https://acis.eoir.justice.gov

• Immigration Court Practice Manual:
  https://www.justice.gov/eoir/reference-materials

Know-Your-Rights & Emergency Information

Independent resources often used during enforcement encounters:

• American Immigration Lawyers Association (public resources):
  https://www.aila.org

• National Immigration Law Center (Know Your Rights):
  https://www.nilc.org

• ACLU — Immigrants’ Rights:
  https://www.aclu.org/issues/immigrants-rights

Legal Help & Risk Assessment

If you are unsure whether attending an interview, ICE check-in, or court date is safe, do not rely on social media or anecdotes.

• Herman Legal Group — Confidential Consultation Scheduling:
  https://www.lawfirm4immigrants.com/book-consultation/

This article is for informational purposes only and does not constitute legal advice. Immigration outcomes depend on individual facts and history.