Recently, there has been a heightened sense of vigilance in the enforcement activities of the U.S. Immigration and Customs Enforcement (ICE), with individuals who were previously considered “low-risk” visa overstayers now being detained at airports. This includes individuals who are married to U.S. citizens or green card holders, in the process of applying for a green card, or even those with a work permit (EAD), who have been detained at airports. For example, a Chinese individual who overstayed their visa but married a green card holder was arrested at the airport and had to seek legal assistance.
Immigration lawyer Zhang Jinrui shared a recent case where an individual entered the country on a tourist visa, overstayed their visa, got married to a green card holder, and submitted an adjustment of status application, only to be detained by ICE at the airport.
According to reports from multiple immigration lawyers cited by The Washington Post on July 30, similar cases have been observed at airports across the U.S., including in the Washington D.C. area, San Francisco, Houston, and Denver. Many of those detained had asylum applications, work permits, or were in the process of adjusting their status.
Why has there been a surge in ICE enforcement at airports recently? The Washington Post cited the Department of Homeland Security stating that the expanded airport enforcement is related to increased information sharing with the Transportation Security Administration (TSA). The two agencies signed a new data-sharing agreement in May to help ICE identify domestic flight passengers and check if they are subject to enforcement actions.
However, Zhang Jinrui noted that ironically, individuals in the process of adjusting their status through marriage who are arrested by ICE can request expedited adjudication of their status adjustment case according to USCIS policy. When an individual is detained, ICE reports to USCIS, which can accelerate the processing of the I-485 adjustment of status application, potentially completing the review in around 30 days.
Manager Wang from the Qin Susan Law Firm mentioned that they have had clients recently detained by ICE at airports and are currently applying for bail and habeas corpus.
He stated that based on public cases observed, many of the detained individuals are legal entrants but visa overstayers, some of whom are already in the process of adjusting their status, such as through marriage to a U.S. citizen or green card holder or holding a work permit. This situation of being detained at airports was not common in the past but has now become prevalent.
Manager Wang advised individuals without permanent legal status or cases still under review to carefully assess the risks of domestic flights and interstate travel in the current enforcement environment. It is recommended to consult a lawyer before traveling and avoid any actions that could lead to criminal arrest or a criminal record.
Zhang Jinrui mentioned that ICE enforcement against individuals with criminal records remains significant. He shared a case of a Chinese family where two out of four members had prior arrest records and were detained by ICE near their residence on separate occasions.
Manager Wang also mentioned cases he recently dealt with, including individuals entering the country illegally with involvement in crimes such as transporting fraudulent funds (“money mules”), gift card fraud, illegal cultivation of marijuana, and illegal massage services. He emphasized that leaving a criminal record can not only make an individual a target for ICE enforcement but also have a significant impact on future status adjustments or other immigration benefits.