HUMSI — Human Security Initiative

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ICE Arrests at Green Card Interviews Face Legal Challenge

Feb 2, 2026 · New York, NY

A federal appeals court is reviewing whether ICE can resume detaining undocumented spouses at USCIS green card interviews, following a 2024 injunction that barred such arrests in the Fourth Circuit. The case centers on whether ICE's practice of arresting immigrants immediately after approved marriage-based green card interviews violates due process and the provisional unlawful presence waiver program designed to help undocumented spouses obtain legal status.

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