CBS 8 spoke with two local immigration attorneys who’s clients have been detained recently at green card interviews in San Diego.
SAN DIEGO — More local immigration attorneys are reporting that their clients are detained by U.S. Immigration and Customs Enforcement during green card interviews.
This latest development comes after CBS 8’s initial reporting last week, when immigration attorneys sounded the alarm that ICE began making arrests at the USCIS office in San Diego during green card interviews.
“ICE and USCIS have started implementing a policy where ICE is now making arrests at USCIS offices during the green card interviews on anyone who is a visa overstay, so if they’re out of status, ICE is making that arrest at the interviews,” Immigration attorney Saman Nasseri said.
Nasseri reported that five of his clients were detained at interviews just this past week. He said that his clients have no criminal history or arrests.
“None of my clients have any arrests or criminal history that are in this situation. These are just cases where they entered legally, they overstayed their visa, all of my cases right now are people that have been married to U.S. citizens, so these are spouses of U.S. citizens that are going through the normal process, the normal channels, and they’re being taken into custody,” Nasseri said.
An ICE spokesperson previously sent CBS 8 a statement for Wednesday’s report stating:
“ICE is committed to enforcing federal immigration laws through targeted operations that prioritize national security, public safety, and border security. Individuals unlawfully present in the United States, including those out of status at federal sites such as USCIS offices, may face arrest, detention, and removal in accordance with U.S. immigration law.
For those residing illegally in the country, self-deportation remains the safest and most efficient option, and tools such as the CBP Home app are available to assist individuals in navigating the self-deportation process.”
According to Nasseri, in most cases, the detention process typically involves individuals being sent downtown for processing, then transferred to the Otay Mesa detention facility. From there, they receive paperwork for a court date and can request a bond hearing before a judge.
Immigration attorney Habib Hasbini confirmed similar experiences with his clients.
“The first one was Nov. 12, the eve of the memo that came down from ICE. After that, I had four to follow through, but I’ve been getting a lot of phone calls from people who were arrested from the same facility,” Hasbini said.
Hasbini noted that these detentions appear to be limited to the San Diego USCIS office.
“I have relationships with many attorneys working in many other counties; this is not happening for their clients in their vicinity, or it’s only happening in San Diego,” said Habib Hasbini.
Hasbini advises individuals with upcoming green card interviews to attend, but to be prepared. He suggests making family and work arrangements in case of detention, noting that not attending an interview can result in case denial for abandonment. Additionally, because individuals are out of status, they may still face arrest by ICE regardless.