Are you Concerned about your Upcoming Immigration Interview? Here is what is Happening

Many people are concerned these days about going to their immigration interviews.  Concerned they may be arrested, deported, etc.  Well, a recent practice alert from the American Immigration Lawyers Association discusses what is happening.  It states:

Reports by AILA members and in the media indicate an increase in ICE arrests at USCIS field offices at scheduled immigration benefit interviews, including for asylum, lawful permanent residency, and naturalization applications, and at routine ICE check in appointments.

AILA members have reported arrests at I-130 interviews at USCIS field offices in Miami, Los Angeles, Fresno, St. Louis, and Portland, Oregon. In addition, USCIS continues to post on social media about its cooperation with ICE to facilitate arrests during interviews. In the past two weeks, USCIS has publicly reported 26 arrests at the following field offices (the number of arrests reported is in parentheses where there was more than one), including: Tampa Asylum (4),  Orlando, New Orleans (2), Houston (5), Phoenix, Indianapolis (4), El Paso, Charlotte (2), San Fernando, Kendall (Miami), and one unspecified office in California.

People at higher risk of being targeted at USCIS include those with prior removal orders, criminal charges, criminal convictions, and warrants. USCIS’s social media reports indicate they are also collaborating with ICE on applicants with a history of confirmed, suspected, or alleged fraud in any immigration benefit application, no matter how long ago; any allegation of involvement with a gang or criminal group; or any allegation of any criminal activity, even if no charges were filed. Member reports have reflected this, as well as the targeting of people who entered without inspection (EWI) and those with previous in absentia removal orders. One report also indicated the attempted arrest of a client over an ICE officer’s confusion as to whether the person had a removal order or withholding of removal. In advance of any interview or appointment, members should warn their clients that they face an increased likelihood of arrest and help prepare them in case they are detained.

What can we take away from this?  That anyone who had even a brush with the law no matter how long ago should be careful.  And that everyone should discuss any suspected issues that they feel they may have with their immigration attorney before their interview.   However, I do want to be clear that the majority of people attend their interviews and everything is fine and no one is arrested.   As stated above there were 26 arrests over two weeks - there are probably thousands of interviews that happened over the course of that two week period, so the actual numbers are very small.  I have gone to several interviews with clients and none of them have had any issues.

The key is to discuss your case with your immigration attorney and to discuss ALL the facts and to make sure you are prepared for any outcome.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.