Table of Contents

FEATURED HLG ARTICLES:

QUICK ANSWER 

Yes — ICE has arrested marriage-based green card applicants during interviews at the USCIS San Diego Field Office, including spouses of U.S. citizens with otherwise clean marriage cases.

These San Diego arrests are confirmed and have been reported by:

  • NBC San Diego
  • AP News
  • NDTV
  • India Today

While confirmed cases exist only in San Diego, experts emphasize:

If ICE can do this at USCIS San Diego, USCIS can do it anywhere.
There is no legal barrier preventing the same practice in any USCIS field office nationwide.

The enforcement mechanism is federal and uniform, not specific to one city.

visa overstay arrest at USCIS interview ICE detention after I-485 interview USCIS interview no longer safe zone overstay spouse ICE arrest

FAST FACTS

  • ICE arrested marriage-based green card applicants at the San Diego USCIS Field Office.
  • Some individuals had no known criminal history.
  • Arrests occurred inside USCIS buildings, sometimes mid-interview.

Not yet confirmed elsewhere:

  • No confirmed media-documented arrests in other cities yet.
  • However, the legal authority exists for USCIS and ICE to replicate this nationwide.

Why this matters:

  • This is the first confirmed instance of clean marriage-based cases being targeted during Adjustment of Status interviews.
  • The arrests signal a shift from benefits-focused interviews to potential enforcement events.

Key HLG Guides (Link repeatedly throughout the article):

immigration enforcement at USCIS ICE and USCIS coordination 2025–2026

INTRODUCTION: A New Era of Marriage Interviews

For years, Adjustment of Status interviews were seen as routine, even reassuring — especially for couples with bona fide marriages.

But the confirmed arrests in San Diego reveal a disturbing shift:

  • USCIS interviews can now trigger ICE detention.
  • A bona fide marriage does not shield applicants from enforcement.
  • Families can be blindsided mid-interview by ICE officers.

This article explains:

  • What happened in San Diego
  • What the government’s authority actually allows
  • Why this could occur at any USCIS office
  • What families must do before attending an interview

SECTION 1 — What Actually Happened in San Diego?

According to multiple media reports:

  • USCIS officers in San Diego conducted normal marriage-based interviews.
  • During or immediately after interviews, ICE detained the immigrant spouse.
  • Some applicants were military spouses.
  • Arrests occurred inside federal buildings, shocking U.S. citizen spouses.
  • Advocates say this is the first documented wave of marriage-interview arrests of “clean” applicants (no crimes).

Reference:

ICE arrests at marriage green card interviews San Diego USCIS ICE arrests 2025 marriage-based green card interview risk

SECTION 2 — Could This Happen Anywhere? (YES)

Short answer:

Yes. There is nothing legally unique about San Diego.

Why?

  1. ICE has national administrative arrest authority under the Immigration and Nationality Act.
  2. USCIS field offices nationwide operate under the same federal statutes and regulations.
  3. If a case meets ICE referral criteria in San Diego, the same criteria apply in Houston, Los Angeles, Chicago, New York, Cleveland, Columbus, or Miami.
  4. The San Diego arrests were not based on local policy, but on federal-level coordination between:
    • USCIS Field Operations Directorate
    • USCIS Fraud Detection & National Security (FDNS)
    • ICE Enforcement & Removal Operations (ERO)

Legal conclusion:

Any USCIS field office can become an enforcement point at any time.

SECTION 3 — What People Believe vs. What the Law Actually Says

Myth: “Marriage protects you.”

Reality: Marriage offers eligibility; it does not cancel deportation grounds.

Myth: “This only happens to criminals.”

Reality: At least one San Diego case involved a spouse with no criminal history.

Myth: “USCIS is a benefits agency. They don’t call ICE.”

Reality: Under 2025 directives, USCIS must refer certain files to ICE.

Myth: “This is only in California.”

Reality: California was simply the first to be documented.
Legally, this can happen anywhere.

SECTION 4 — Why San Diego Matters (Early Indicator of a National Trend)

San Diego is often a federal pilot site used to test new enforcement strategies.

Historically:

  • expedited removal
  • surveillance tech
  • AI-assisted vetting
  • joint DHS task forces

All appeared first near the Southern border before spreading nationally.

The pattern suggests:

San Diego is not an anomaly. It is a prototype.

SECTION 5 — Who Is Most at Risk? 

Even in San Diego’s confirmed cases, several individuals fit one or more risk categories.

HIGH RISK

  • EWI (Entry Without Inspection)
  • Prior deportation order
  • Missed immigration court (in absentia)
  • Prior removal at border
  • Identity inconsistencies
  • Fraud suspicion

MEDIUM RISK

  • Overstay > 180 days
  • Overstay > 1 year
  • Criminal contact (even non-convictions)

LOW RISK (Relative, not absolute)

  • Lawful entry
  • No prior immigration history
  • Clean background
  • No fraud indicators

Even some “low risk” cases in San Diego still resulted in ICE involvement.

Ice arrest risk triggers at marriage green card interviews

SECTION 6 — Before You Attend: The Most Important Checklist of 2025–2026

1. File Full FOIAs

  • USCIS
  • ICE
  • CBP
  • OBIM (fingerprints)
  • EOIR

2. Confirm No Hidden Landmines

  • prior removal order
  • expedited removal
  • voluntary return
  • border encounters
  • missed hearing
  • I-213 evidence

3. Get a Legal Risk Assessment

From a qualified immigration attorney
(you may link: Book Consultation)

4. Bring an Emergency Plan

  • spouse emergency binder
  • attorney’s mobile number
  • childcare plan
  • medical needs list
  • contingency plan

5. Memorize This Phrase:

“I choose to remain silent. I want to speak to my attorney.”

 


INFOGRAPHIC #2 — “Top ICE Risk Triggers at Marriage Interviews”

SECTION 7 — Why a Lawyer Matters NOW (More Than Any Year Before)

A qualified attorney will:

  • identify hidden risks
  • interpret FOIA red flags
  • evaluate waiver needs
  • prepare a defensive strategy
  • monitor ICE referral indicators
  • attend the interview (signals seriousness to officers)
  • prepare spouse and witnesses
  • create emergency action plans

SECTION 8 — Community Impact (San Diego Case Study with Nationwide Implications)

San Diego families reported:

  • U.S. citizen spouses crying
  • children traumatized
  • marriages strained
  • visas denied
  • families separated
  • applicants transferred to detention centers

What happened in San Diego could play out:

  • in the Midwest
  • on the East Coast
  • in the South
  • in tourist-heavy cities
  • in military towns
  • anywhere USCIS operates

SECTION 9 — Legal Options for Those Arrested

  1. Motion to Reopen
  2. I-212 Permission to Reapply
  3. I-601/I-601A Hardship Waiver
  4. Stay of Removal
  5. Bond (if eligible)
  6. Federal court review

SECTION 10 — The HLG Position (Grounded in 30+ Years of Practice)

“San Diego proves the model. If DHS authorizes ICE to detain a marriage-based applicant in one field office, the practice can be deployed nationwide.”
— Richard Herman, Esq.

HLG is already advising applicants nationwide to prepare for the possibility of enforcement at interviews, even in field offices with no confirmed cases.

ICE RIGHTS WALLET CARD 

Carry to Every USCIS Marriage Interview

ICE arrest response wallet: carry with you to USCIS green card interview

 

SECTION 11 — 50-QUESTION FAQ

Q1. Have ICE arrests at marriage interviews been confirmed?

Yes — in San Diego only so far.

Q2. Does this mean it will happen in other cities?

There is no legal barrier preventing nationwide expansion.

Q3. Does marriage protect you from ICE?

No.

Q4. Can ICE arrest someone inside a USCIS building?

Yes.

Q5. Do they need a warrant?

No, not for administrative immigration arrests.

Q6. Can USCIS call ICE?

Yes — and under 2025 rules, certain referrals are mandatory.

Q7. Does it matter if the marriage is real?

No.

Q8. Does it matter if there’s no criminal history?

No.

Q9. What if the spouse has a prior removal order?

Very high risk.

Q10. What if they entered without inspection (EWI)?

High risk.

Q11. What if they overstayed their visa?

Risk depends on length + history.

Q12. Are DACA spouses at risk?

Depends on entry history + prior orders.

Q13. Could this occur in Ohio?

Legally, yes.

Q14. Could this occur in Texas or Florida?

Yes.

Q15. What if I have children?

ICE can still detain you.

Q16. What if the officer seems friendly?

This has no impact on enforcement referrals.

Q17. Should I bring a lawyer?

Yes, particularly if any risk factors exist.

Q18. Can ICE arrest me afterward, not during?

Yes.

Q19. Could they arrest me in the parking lot?

Yes.

Q20. What if my marriage is clearly legitimate?

Immigration violations still override.

Q21. How can I check my history?

FOIA all agencies.

Q22. Could I be detained even if I qualify for a waiver?

Yes.

Q23. Should I attend the interview at all?

Only after legal risk analysis.

Q24. What if I missed immigration court years ago?

Likely a removal order.

Q25. What if I didn’t realize I was deported at the border?

FOIA needed — you may have expedited removal.

Q26. Could I be put on a plane the same day?

If you have a prior order.

Q27. Can the I-130 continue if I am detained?

Possibly.

Q28. What happens to my I-485?

Often terminated or denied.

Q29. Can bond be granted?

Depends on the order type.

Q30. Can ICE separate me from my spouse?

Yes.

Q31. Will USCIS officers warn us?

Typically no.

Q32. Are military families protected?

No — San Diego cases involved military families.

Q33. Will I see immigration court quickly?

Not always.

Q34. Can a lawyer stop an arrest?

Sometimes can delay or mitigate.

Q35. Should I reschedule my interview?

Consult an attorney.

Q36. What if everything on my record seems clean?

Unseen issues may exist.

Q37. Will ICE check my social media?

Possibly — DHS has authority.

Q38. Can I leave the U.S. instead of attending?

Dangerous — consult an attorney.

Q39. Can marriage to a citizen fix an old order?

Not automatically.

Q40. Do waivers protect me from arrest?

Not always.

Q41. Does USCIS like when you bring a lawyer?

Yes — it shows preparation.

Q42. Does having U.S. citizen kids help?

No immunity.

Q43. Will USCIS tell my lawyer about ICE plans?

Rarely.

Q44. Can ICE question my spouse?

Yes.

Q45. Can ICE pressure my spouse to give statements?

Possibly — spouses should know their rights.

Q46. Will ICE allow a phone call?

Usually yes, but not guaranteed.

Q47. Can I stop the interview early?

You may request counsel.

Q48. Should I bring notarized documents?

Bring everything — but this does NOT reduce risk.

Q49. Does a clean life in the U.S. matter?

Not for enforcement purposes.

Q50. Should I hire a lawyer?

If there are any risk factors — yes.

 

KEY TAKEAWAYS 

  • ICE arrests during marriage interviews are confirmed in San Diego.
  • San Diego is likely a national prototype, not an isolated event.
  • Marriage does not protect you from enforcement.
  • Interviews can now function as enforcement triggers.
  • Any USCIS office could replicate this pattern.
  • Applicants with EWI, prior orders, or immigration history are highly vulnerable.
  • FOIA + risk assessment is mandatory.
  • Legal counsel is essential.
  • HLG represents clients in all 50 states.

 

EXPANDED RESOURCE DIRECTORY

Government

Media Covering the San Diego Arrests

Herman Legal Group

 

Written By Richard Herman
Founder
Richard Herman is a nationally recognizeis immigration attorney, Herman Legal Group began in Cleveland, Ohio, and has grown into a trusted law firm serving immigrants across the United States and beyond. With over 30 years of legal excellence, we built a firm rooted in compassion, cultural understanding, and unwavering dedication to your American dream.

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