Detained at a citizenship interview. What’s happening?

Part of my goal in writing is to break down what you read in the news. This week brought us a heartbreaking story of a man ripped from his family and shipped to a detention center in Louisiana when he showed up to his naturalization appointment, over a paperwork discrepancy. https://www.newsweek.com/green-card-holder-detained-ice-immigration-2075236

This is an example of three things: 1) in this day and age, everyone needs to consult with a lawyer; 2) this is why Trump’s focus on deportation and detention is wrong, inhumane, and unnecessary; and 3) people are scared, and stories like this can scare people from filing for naturalization, which is the point.

If you get your green card through marriage and it’s granted before your 2nd wedding anniversary, you get a 2 year conditional card. This is meant to prevent marriage fraud. Ninety days before the card expires, you have to file a petition to remove conditions on your residency (Form I-751) with evidence you live together. You can file if you’re not together as well, with a waiver request.

If you don’t file the petition, you’re undocumented and can be placed in removal proceedings. It doesn’t always happen. The judge can allow you to file the petition and close out the case when it’s granted.

Apparently that happened here. He missed the filing deadline and was put in removal proceedings, and he didn’t get notice of his hearing. He was then ordered removed in absentia for failure to appear at his hearing. He’s going to have to reopen that case and file that petition. The law allows him to be detained and deported. If that happened, he can reimmigrate, but it would take years.

There’s no reason to treat a family this way. In prior administrations, USCIS and ICE could have used their discretion to allow him to file the necessary paperwork to fix this.

In a consultation for naturalization, we would have seen the expired card. We then would have checked to see if he was placed in removal proceedings. Seeing that he had a removal order, we would have requested a copy of the court file, then moved to reopen proceedings based on lack of notice, which provides a stay of removal. Once they’re reopened, we can file the I751 and move towards naturalization.

News about immigration is scary and overwhelming. It’s good to understand what’s actually happening, and that sometimes there are things you can do to avoid detention and fix issues that prevent you from proceeding. Fear is a huge barrier right now.

Trump’s rush to detain and deport people, above all else, is cruel and unnecessary. Enforcing the law also means people should be able to use the laws to straighten out their situation.