Arrests at Adjustment of Status Interviews: What Clients Need to Know

Adjustment of status interviews have traditionally been viewed as a routine part of the green card process, particularly for individuals applying through a U. S. citizen spouse. For years, even applicants with past overstays or minor immigration issues could attend their interview with minimal concern, because USCIS was focused on adjudicating the application, not on enforcement. Recent developments have changed that expectation significantly. Reports across the country indicate that applicants are now being detained during their interviews, and in some cases they are being taken into ICE custody directly from USCIS field offices.

This shift has raised understandable concern among applicants and their families. The pattern is not isolated. Detentions have occurred in multiple states, including California, Utah, New York, and others. What is emerging is a coordinated change in how USCIS is interacting with ICE when certain immigration histories appear in an applicant’s file. A recently leaked internal memo has provided additional clarity about what officers are being instructed to do and how these decisions are being made.

What the Leaked Memo Reveals

According to the memo, USCIS officers are instructed to alert ICE when they encounter specific categories of cases during interviews. These include individuals with prior removal orders, previously issued NTAs, unexecuted voluntary departure orders, outstanding warrants, or other unresolved immigration violations. The memo outlines protocols for officers to follow, including pausing the interview, verifying the record, and then contacting designated ICE enforcement personnel. The guidance instructs officers not to advise the applicant that ICE has been contacted, and not to disclose that enforcement officers may be on the way. It also instructs officers to continue the interview as normal until ICE arrives or provides direction.

This approach represents a stark contrast from prior practices. In the past, USCIS generally separated adjudicative functions from enforcement actions. Now, field officers have been directed to coordinate with ICE in real time, during the interview itself. As a result, the interview room has effectively become a point of potential enforcement. Applicants who believed they were completing a routine step in their green card process may instead find themselves detained with no warning.

Who Is Being Targeted

Although the memo describes specific categories of interest, recent reports suggest the application is broadening. Individuals have been detained over missed USCIS notices, unaddressed mail, or older entries that raise questions about prior admissibility. Some arrests have involved applicants with no criminal history and strong, well documented marriages. In one instance, an applicant was detained while holding her infant child. These events demonstrate that even issues that applicants believed were resolved, minor, or simply outdated may now carry serious consequences.

Why This Is Happening

The current administration has emphasized increased enforcement throughout the immigration system. By leveraging USCIS interviews as enforcement points, ICE can identify and detain individuals who may have avoided contact with the agency for years. The leaked memo reinforces this shift. It treats routine interviews as opportunities to execute old removal orders, revive dormant NTAs, or initiate new enforcement actions based on perceived inconsistencies.

This approach also aligns with broader policy goals to deter undocumented individuals from pursuing benefits, even those for which they qualify under the law. Many applicants who are legally eligible to adjust status, including spouses of U. S. citizens, now face uncertainty simply by appearing for their interview.

What Applicants Should Do

Given these developments, applicants should no longer assume that an adjustment interview is low risk. Anyone with past immigration complications should undergo a thorough review of their history before attending. This includes evaluating prior entries, immigration court records, voluntary departure orders, NTAs that may not have been resolved, and any period of overstaying or unlawful presence. Even issues that occurred many years ago can be used as the basis for enforcement now.

Applicants should also ensure that all address updates have been made and that every USCIS notice has been received and properly responded to. Missed mail has become a significant factor in several recent detentions. If there is any question about prior filings or whether an NTA was ever issued, it is essential to investigate before attending the interview.

It is also important for applicants to attend interviews with legal representation when possible. While representation does not prevent ICE from acting, it ensures that someone is present who can respond immediately, communicate with the family, and initiate any necessary motions or bond requests if detention occurs.

How Our Office Is Responding

Our office reviews each client’s complete immigration history prior to interviews and assesses the risk of enforcement based on current practices, not past assumptions about how USCIS conducts interviews. We monitor field office trends and patterns and adjust our preparation accordingly. When risk is identified, we discuss the options with clients openly so they can make informed decisions. We also ensure that appropriate documentation and evidence are prepared in advance and that the attorney attending the interview is ready to respond if concerns arise.