Immigration agents have been escalating their tactics — including, immigration attorneys say, arresting people at their own green card appointments.
A GoFundMe page posted on Sunday described the ordeal of a British woman who was arrested at a routine green card appointment in front of her husband and six-month-old infant.
“Originally from the UK, Katie has been working for over a year to build a life here after an unexpected pregnancy with her husband,” Kate Hastings, the GoFundMe organizer, says in the description. “When the Paul family was at her green card interview to go through the process of updating Katie’s paperwork, she was arrested by ICE.”
However, Paul’s is hardly the only such arrest. For example, Norwegian-turned-San Diegan Hanne Daguman was arrested at a spousal green card appointment last week; she had apparently let her status briefly lapse last year while planning her wedding.
And Jessica McCarthy, the wife of active duty Navy sailor Thomas McCarthy, had almost finished her U.S. Citizenship and Immigration Services interview on Nov. 21 when ICE agents burst into the room and arrested her.
Immigration attorneys say that the tactic of arresting people at their own appointments have ramped up sharply since just mid-November, and so far seems to be focused on San Diego County. People who have recently fallen “out of status,” such as Daguman, appear to be particularly at risk — even if they are actively trying to rectify the issue.
Before this month, “out of status” was largely overlooked for people who were attending their appointments and interviews in order to receive authorization to live and work in the United States, particularly those applying for a spousal green card; simply being in the country without a valid visa is a civil violation, not a criminal one.
The Center for Immigration Law and Policy and the Center for Human Rights & Constitutional Law are challenging October detentions of three separate people following their check-ins with immigration officers.
“Petitioners have had no criminal contact since their prior releases from DHS custody, and two petitioners have no criminal history of any kind,” according to the petition.
The petitioners named in the lawsuit were detained after entering through or between U.S. ports of entry when they came to the country. After vetting, they were released from federal custody.
The lawsuit alleges immigrants are being deprived of due process after previously being declared fit for release, only to be arrested and detained when suddenly summoned to reappear at an ICE office. Many cases involve people whose cases in immigration court were reopened.
The Department of Homeland Security did not respond to an email seeking comment Tuesday.
The UCLA School of Law’s Center for Immigration Law and Policy said the detentions in San Diego alone “are certainly in the dozens, and likely exceeds 100.”
The lawsuit is asking the judge to certify the class, which could mean that others who were arrested and detained in similar circumstances could benefit from a favorable ruling.
Arrests at ICE check-ins appear to have accelerated since early October in San Diego.
A federal judge will be deciding whether to release the three petitioners and whether to declare such detentions unlawful.
Katie Paul reportedly admitted to agents that she had briefly overstayed her visa and been unable to check in for appointments due to the unexpected physical effects of a high-risk pregnancy.
“Their child is now without his mother as she sits in confinement, treated like a violent criminal when she was following the recommended legal process to bring her paperwork into good order,” the GoFundMe said.
“She was trying to do the right thing, and is now being unduly punished for it.”
This story has been updated. Associated Press contributed to this report.
