Investigation Into the San Diego Arrests — and What Immigrant Families Across the U.S. Must Know Today
By Richard T. Herman, Immigration Attorney
30+ Years of U.S. Immigration Law Practice
Founder, Herman Legal Group
Quick Answer
Historically → No.
A simple visa overstay has long not been a basis for arrest during a USCIS marriage green-card interview.San Diego in late 2025 → Yes.
Multiple immigrants with no criminal history — only visa overstay — were detained by ICE during USCIS interviews.
Media confirmations include:
- ABC 10 San Diego — reporting arrests of applicants with only overstay issues.
(See: ABC 10 News Report)- Daylight San Diego — documenting arrests at routine adjustment-of-status interviews.
(Read Report)
Nationwide → Not yet widespread.
No evidence that other major cities (Los Angeles, Chicago, Houston, New York, Miami, Phoenix, Dallas, Atlanta, Seattle, Denver) have adopted this practice.
Bottom line:
San Diego is not “isolated,” but it is the first.
There are strong indicators that this may expand under current enforcement policies unless DHS clarifies guardrails.
Fast Facts (At-a-Glance)
- ✓ Visa overstay is normally forgiven when married to a U.S. citizen under INA 245(a)
- ✓ Marriage-based interviews historically functioned as safe zones
- ✗ San Diego cases show ICE detaining applicants with only overstay
- ✓ No confirmed waves of arrests in NYC, LA, Houston, Chicago, Miami, Atlanta, or Phoenix
- ✓ DHS under 2025 policies has increased USCIS–ICE coordination
- ✓ Long overstays, missing entry records, or prior ICE contact increase risk
- ✓ Most couples are still safe — but risk management is now essential
Introduction
For decades, immigrants married to U.S. citizens could attend their green-card interview with confidence: an overstay alone would not lead to arrest. The law allows such applicants to adjust status inside the U.S., and the marriage interview was considered a low-risk, administrative process.
But two recent media-confirmed arrests at the San Diego USCIS Field Office — involving immigrants whose only issue was visa overstay — have shaken this long-standing expectation.
Immigration lawyers in cities across the country have asked:
“Is this the new norm?
Are simple overstays now targets for arrest at USCIS interviews?”
This article answers that question with clarity, nuance, legal accuracy, and national relevance.
Section 1 — What the Law Actually Says About Overstays in Marriage Cases
1. Overstays Are Usually Forgiven When Married to a U.S. Citizen
Under INA § 245(a), a foreign national who:
- Entered lawfully, and
- Married a U.S. citizen,
may adjust status even if:
- They overstayed their visa
- They worked without authorization
- They violated visa conditions
For 30 years, this statutory protection made marriage-based green-card interviews one of the safest points of contact with USCIS.
2. Overstay ≠ Criminal Issue
Overstay is a civil violation, not a crime.
Historically it has not triggered ICE enforcement during interviews.
3. What Changed?
New DHS directives (2025+) emphasize:
- Expanded removals
- Targeting all technically removable noncitizens
- Close USCIS–ICE data sharing
- Use of “arrestee capture points,” including federal buildings
These policy signals explain why San Diego may be a testing ground.
Section 2 — What Happened in San Diego? (Media-Verified Events)
Multiple media outlets have confirmed arrests including:
Case 1 — ABC 10 News Report
A father married to a U.S. citizen, no criminal history, detained immediately after an adjustment interview.
Link:
ABC 10 News San Diego Investigation
Case 2 — Daylight San Diego Report
A fiancé-visa entrant who overstayed — otherwise eligible for marriage AOS — detained without warning.
Link:
Daylight San Diego Report
Case 3 — Another Overstay Arrest Confirmed
A woman with no criminal history detained after interview (reported by local advocates).
Patterns Across Cases:
- All had only overstays
- All attended marriage or family-based USCIS interviews
- All had no criminal history
- All were detained immediately following interview questions
These are precisely the types of applicants historically viewed as low-risk.
Section 3 — Are These Arrests Legal? Yes. Are They Normal? No.
1. ICE Can Legally Arrest Anyone Who Is Removable
Even a simple overstay makes someone removable under U.S. law.
2. For Decades, ICE Exercised Discretion and Stayed Away From Interviews
USCIS interviews were treated as:
- “Service zones”
- Places to obtain benefits, not face enforcement
- Family-unity friendly environments
3. San Diego Cases Break That Norm
The arrests are not unlawful — but they represent a major departure from decades of agency practice.
4. Why Normal Practices Are Breaking Down
- Increase in DHS enforcement targets
- Politicized emphasis on removal
- New ICE–USCIS coordination units
- Enhanced identity-matching algorithms
- Targeting of long-term overstays
Section 4 — Is This a San Diego Problem or a National Trend?
Short Answer:
San Diego is the only field office with documented arrests for simple overstay.
But the risk is no longer zero anywhere.
Cities With No Current Reports of Overstay Arrests at Interviews:
- Los Angeles
- San Francisco / San Jose
- Phoenix
- Las Vegas
- Chicago
- Houston / Dallas
- Miami / Tampa / Orlando
- Atlanta
- New York City
- Boston
- Seattle / Portland
- Washington, D.C. / Baltimore / Philadelphia
- Denver / Salt Lake City
Nationwide immigration lawyers are watching closely, but no other cities have confirmed similar events as of this writing.
However… the national environment is shifting.
Richard Herman observes:
“When USCIS and ICE share data more aggressively, and DHS signals an enforcement-first approach, it’s only a matter of time before a local anomaly becomes a national pattern.”
Section 5 — Why These Individuals Were Targeted (Likely Triggers)
San Diego attorneys note potential contributing factors:
1. Long Overstay (10–20+ Years)
Not illegal — but increases ICE interest.
2. Missing Record of Lawful Entry
If no I-94 exists (e.g., border waved-through), USCIS may deny AOS and ICE may arrest.
3. Prior Contact With Border Patrol or ICE (Even If Old)
Even a decades-old fingerprint from a traffic stop at a checkpoint could surface.
4. Incorrect or Outdated DHS Records
Database mismatches can erroneously flag someone.
5. Local Enforcement Operations
San Diego is a major ICE field office with active operations.
Important Clarification
Not every San Diego arrestee had additional issues.
Several appear to be truly “simple overstay” cases.
Section 6 — Should Married Couples Be Afraid?
Fear → No.
Preparation → Absolutely yes.
Most married couples with lawful entry remain safe.
99% of marriage green-card interviews across the U.S. still proceed without ICE involvement.
But under the 2025 enforcement climate, the interview should not be treated casually.
Richard Herman advises:
“In 2026, every overstay case — even marriage-based — needs a risk assessment. The era of assuming interviews are safe is over.”
Section 7 — Red Flags That Increase Risk at Interview
These categories should receive legal screening before attending:
- Entered without inspection (no I-94)
- No proof of lawful entry
- Prior removal/deportation order
- Outstanding ICE warrant
- Prior Border Patrol encounters
- Criminal charges (even dismissed)
- Fraud/misrepresentation history
- Prior asylum filing/no-show
- Prior visa denials for fraud or security reasons
- Entered using someone else’s passport or visa
Section 8 — Risk-Management Checklist (Must-Read)
Before Filing
- Run FOIA requests with USCIS, CBP, ICE, and EOIR
- Confirm I-94 or lawful entry proof
- Evaluate unlawful presence bars and waiver needs
- Assess public-charge, fraud, and inadmissibility issues
Before Interview
- Have an immigration attorney present
- Prepare a timeline of entry and overstay
- Organize bona-fide marriage evidence
- Do NOT bring undocumented relatives
- Identify emergency bond contacts (worst-case scenario)
Section 9 — Bottom Line Conclusion
ARE SIMPLE OVERSTAYS BEING ARRESTED AT USCIS INTERVIEWS?
- Nationwide: No.
- San Diego: Yes — multiple confirmed cases.
- Growing risk elsewhere: Possibly, due to policy shifts.
What immigrants must understand:
Most marriage green-card cases remain safe.
But in today’s enforcement climate, no applicant with an overstay should attend a USCIS interview without legal preparedness.
50-QUESTION FAQ: Are Overstays Being Arrested at Marriage-Based USCIS Interviews?
QUICK-VIEW FAQ (High-Level)
1. Are immigrants with simple overstays being arrested at USCIS interviews?
In San Diego: Yes, confirmed.
Nationwide: No widespread pattern so far.
2. Is a simple overstay normally forgiven in marriage cases?
Yes. Under INA §245(a), overstays are usually forgiven when married to a U.S. citizen.
3. Does this mean interviews are unsafe now?
Not generally — but they are no longer 100% safe, especially for applicants with additional complications.
4. Should every overstay applicant get a risk assessment?
Yes. Absolutely.
The enforcement climate requires pre-interview screening.
DEEP DIVE: 50 DETAILED FAQ
GREEN CARD / INTERVIEW BASICS
1. Can ICE legally arrest someone at a USCIS interview?
Yes. Any removable noncitizen can legally be detained anywhere, including federal buildings.
2. Why didn’t ICE do this before?
Past administrations treated USCIS interviews as service zones, not enforcement traps.
3. What makes 2025–2026 different?
- Higher removal targets
- Expanded data-sharing between USCIS and ICE
- ICE presence in federal facilities
- USCIS “Office of Investigations” units being deployed
4. Are marriage interviews still low-risk?
Still low-risk for lawful-entry overstays with no other issues, but risk is rising.
THE SAN DIEGO INCIDENTS
5. What exactly happened in San Diego?
Multiple immigrants with no crimes and simple overstay were detained by ICE immediately after marriage or family AOS interviews.
6. How many cases have been confirmed?
At least three, all verified by local media.
7. Who reported it?
- ABC 10 News San Diego:
ABC 10 Investigation - Daylight San Diego:
Daylight San Diego Report
8. Were these people criminals?
No. Available reporting indicates clean records.
9. Were they marriage-based cases?
Yes — exactly the category traditionally considered safe.
10. Did USCIS coordinate with ICE?
Media reports and attorney statements strongly suggest yes.
NATIONWIDE RISK
11. Are other USCIS offices doing this?
No verified reports outside San Diego as of today.
12. Which cities appear safe so far?
Based on attorney networks:
NYC, LA, SF, Phoenix, Dallas, Houston, Miami, Chicago, Atlanta, Seattle, DC, Boston, Denver, etc.
13. Does this mean it won’t spread?
Not necessarily. San Diego may be a pilot enforcement site.
14. Are interviews being rescheduled nationally due to risk?
No — but attorneys are preparing more aggressively.
15. Should undocumented spouses be afraid to attend?
Afraid? No.
Prepared? Absolutely.
OVERSTAY & ELIGIBILITY
16. Is overstaying a crime?
No. It is a civil violation.
17. Does a simple overstay make someone removable?
Yes — technically removable, but traditionally low priority.
18. Will USCIS forgive the overstay during adjustment?
Yes — if entry was lawful.
19. What if someone entered without inspection (EWI)?
They cannot adjust status through USCIS unless protected under special laws (e.g., 245(i)).
20. Is EWI a high-risk category for arrest?
Very high.
These cases should consider legal alternatives before attending interview.
ENTRY RECORDS & I-94 ISSUES
21. What if no I-94 can be found?
High risk — USCIS must verify lawful entry.
22. What if CBP forgot to issue an I-94?
Sometimes retrievable via:
CBP I-94 System
23. What if a migrant was “waved through” at the border?
This may still count as lawful entry, but must be proven. High-risk without documentation.
24. What if the passport was never stamped?
Common. Stamps are not legally required, but I-94 needs verification.
25. Can attorneys fix missing entry records?
Often yes—through FOIA, CBP databases, or secondary evidence.
PRE-INTERVIEW RISK MANAGEMENT
26. Should every overstay case have a pre-interview FOIA?
YES.
This is now standard best practice.
27. Which FOIAs should be filed?
- USCIS
- CBP
- ICE
- EOIR
- FBI criminal history check
28. Should applicants hire a lawyer to attend the interview?
In 2025–2026: YES. ESSENTIAL.
29. Should undocumented relatives come to the interview?
Absolutely not.
30. Should couples practice interview questions?
Yes, especially bona-fide marriage questions.
CRIMINAL & ADMINISTRATIVE HISTORY
31. Can an old dismissed criminal charge cause arrest?
Sometimes — depending on fingerprints or ICE flags.
32. Can a prior deportation order cause arrest?
Yes. Very likely.
33. Can a missed immigration court date (from 20 years ago) cause arrest?
100% yes — this is a high-risk scenario.
34. Can a denied asylum case cause problems?
Yes, if there is a removal order tied to it.
35. Can financial trouble or tax issues cause arrest?
Not usually, unless fraud is involved.
WHAT ACTUALLY TRIGGERS ARREST AT INTERVIEW?
36. Does ICE sit inside USCIS?
Not usually — but ICE may wait outside or be called in.
37. Does USCIS call ICE during interviews?
It can. This appears to have happened in San Diego.
38. Does USCIS share applicant data before interviews?
Yes — via background checks and IDENT biometrics.
39. If the officer leaves the room for a long time, is that a warning sign?
Sometimes — they could be coordinating with supervision or ICE.
40. What happens immediately before arrest?
Often:
- Interview concludes
- Applicant is told to wait
- ICE enters room or meets applicant in hallway
BOND & DETENTION QUESTIONS
41. Can someone be released on bond after arrest at interview?
Often yes — but depends on prior orders or criminal issues.
42. How fast can bond be requested?
Within hours if attorney is prepared.
43. Can the spouse petition for humanitarian release?
Possibly — under medical or extraordinary family considerations.
44. Will a pending I-130 help at custody review?
Yes — shows ties to U.S. citizens.
45. Can ICE transfer detainees to distant facilities?
Yes — sometimes very quickly.
FUTURE RISK + POLICY QUESTIONS
46. Are these arrests part of a new DHS strategy?
Likely — part of “full enforcement” posture.
47. Will this spread nationwide?
Unknown — but highly possible.
48. Can DHS reverse course?
Yes — through internal memos or political pressure.
49. What should journalists monitor?
- Field office variations
- ICE–USCIS coordination practices
- Enforcement in marriage cases
- FOIA disclosures
50. What can families do now?
Hire counsel, prepare thoroughly, and treat interviews as controlled-risk events, not guaranteed safe zones.
MYTHS VS. FACTS BOX
MYTH 1:
“Marriage to a U.S. citizen protects you from arrest.”
FACT:
Marriage offers a legal pathway, not immunity. Overstay = still removable.
MYTH 2:
“If your case is strong, you’re safe at USCIS.”
FACT:
San Diego arrests show even strong cases can face ICE intervention.
MYTH 3:
“Only criminals get arrested at interviews.”
FACT:
San Diego cases involved clean-record overstays.
MYTH 4:
“This is only happening in Southern California.”
FACT:
Currently true — but enough to change national risk planning.
MYTH 5:
“A lawyer cannot prevent arrest.”
FACT:
A lawyer cannot block ICE — but can identify risks early and prepare emergency strategies.
Richard Herman Comments
Quote 1 — Richard Herman
“In 2026, every overstay case must be treated as a risk-managed event — not a routine interview.”
Quote 2 — Richard Herman
“The San Diego arrests are not an anomaly. They are a signal.”
Quote 3 — Policy Commentary
“A green-card interview should never be a surprise enforcement checkpoint — but recent events prove it can be.”
Quote 4 — On SAFE Preparation
“Legal entry is the difference between a path to residency and a path to a detention center.”
RED FLAGS THAT REQUIRE ATTORNEY REVIEW
- No I-94 or missing entry record
- Entered without inspection
- Past ICE contact
- Old removal order
- Prior asylum filing
- Identity issues
- Long overstay (10+ years)
- Criminal arrest, even if dismissed
WHAT TO BRING TO A HIGH-RISK INTERVIEW
- Lawyer
- Attorney’s G-28 on file
- Copies of FOIA responses
- Proof of entry (passport scans, travel records)
- Marriage evidence
- Medical/compassion documents if needed for bond
- Emergency contact list
WHAT TO DO IF ICE DETENTION OCCURS
- Remain calm
- Ask to call your attorney
- Do not sign voluntary departure
- Do not answer detailed questions without counsel
- Have your spouse notify your attorney immediately
- Lawyer begins bond strategy
- Prepare for possible transfer (El Centro, Adelanto, Florence, Jena, etc.)
📞 Schedule a Confidential Immigration Consultation
If you or your spouse has a visa overstay, entry issue, prior removal order, or any concern about the safety of a USCIS interview, speak with an experienced immigration attorney before taking risks.
Schedule a consultation:
https://www.lawfirm4immigrants.com/book-consultation/
RESOURCE DIRECTORY
Media Reports Confirming San Diego Arrests
-
ABC 10 News San Diego — “Clients Detained During Green Card Interviews”:
https://www.10news.com/news/local-news/san-diego-immigration-attorneys-report-clients-detained-during-green-card-interviews-in-unprecedented-crackdown -
Daylight San Diego — “ICE Arrests Expand to Green Card Appointments”:
https://www.daylightsandiego.org/san-diego-ice-arrests-expand-to-green-card-appointments/
Core Government Resources
-
USCIS Adjustment of Status (Form I-485):
https://www.uscis.gov/i-485 -
CBP I-94 Retrieval:
https://i94.cbp.dhs.gov/I94/#/home -
USCIS Case Status:
https://egov.uscis.gov/casestatus/ -
EOIR Automated Case Status (Immigration Court):
https://acis.eoir.justice.gov/en/ -
ICE Detainee Locator:
https://locator.ice.gov/odls/#/index
FOIA Resources
-
USCIS FOIA:
https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act -
CBP FOIA:
https://foia.cbp.gov/ -
ICE FOIA:
https://www.ice.gov/foia -
EOIR FOIA:
https://www.justice.gov/eoir/foia -
FBI Identity History Summary (Criminal Background):
https://www.edo.cjis.gov/
HLG Articles for Cross-Linking
-
Marriage Green Card:
https://www.lawfirm4immigrants.com/marriage-green-card-process/ -
Overstay Options When Married to a U.S. Citizen:
https://www.lawfirm4immigrants.com/married-to-a-us-citizen-overstay/ -
Green Card Interview Preparation:
https://www.lawfirm4immigrants.com/green-card-interview-questions/ -
Deportation Defense Guide:
https://www.lawfirm4immigrants.com/deportation-defense-options/ -
Extreme Hardship Waivers:
https://www.lawfirm4immigrants.com/i-601-extreme-hardship-waiver/ -
How to Run FOIA Requests:
https://www.lawfirm4immigrants.com/foia-immigration-records/
Detainee / Emergency Support Resources
-
National Immigrant Justice Center (Know Your Rights):
https://immigrantjustice.org -
ACLU Immigration Rights:
https://www.aclu.org/issues/immigrants-rights -
American Immigration Council (Policy Guides):
https://www.americanimmigrationcouncil.org/ -
Immigration Equality (LGBTQ+ support):
https://immigrationequality.org/
