Please ensure Javascript is enabled for purposes of website accessibility
Suit Says Feds Using Immigration Marriage Interviews as Trap
gvw_ap_news
By Associated Press
Published 5 years ago on
October 8, 2019

Share

BALTIMORE — Alyse and Elmer Sanchez were thrilled when they survived their “green card” interview, a crucial step in obtaining lawful status in the United States. She texted her family from the immigration office as relief washed over her: The officer had agreed that their marriage is legitimate.
Moments later, Elmer was in shackles, detained pending deportation to his native Honduras, leaving her alone with their two little boys.
“We feel it was a trap, a trick, to get us there,” Alyse said.
The Sanchezes have joined five other couples in a class action accusing federal agents of luring families to marriage interviews in Baltimore, only to detain the immigrant spouse for deportation.
Federal regulations allow U.S. citizens like Alyse to try to legalize the status of spouses like Elmer, who has been living in the country illegally. Thousands of families are doing it: Records show the U.S. Citizenship and Immigration Services approved 23,253 provisional unlawful presence waivers, the final documents spouses, children or parents of citizens need before leaving the country and applying to rejoin their families legally.
But the American Civil Liberties Union says a growing number of officers have “cruelly twisted” the rules by detaining immigrant spouses following marriage interviews. The ACLU is pursuing a similar complaint in Massachusetts and says dozens of detentions also have happened at field offices in New York, Virginia, Florida, Illinois and California.

Months-Long Process Requires Couples to Demonstrate the Legitimacy of Their Marriage

The Maryland case is assigned to U.S. District Judge George J. Hazel, who already reversed the deportation of a Chinese man detained after a successful marriage interview in Baltimore. Ruling just before Wanrong Lin landed in Shanghai last November, Hazel said the government can’t use the process “as a honeypot to trap undocumented immigrants who seek to take advantage of its protections.”
Alyse told The Associated Press her family’s life “just seemed so perfect.”

“Everyone has their ups and downs in their relationships, but ours has been pretty smooth … He’s been there for every important event in my life. He’s been the most important event in my life.” — Alyse Sanchez
She and Elmer, now 31 and 41, began dating in 2013, after he learned she was selling her car and showed up at her door. He bought it, and they married that year. They have two sons, 4 and 2, and live in the Washington suburb of Kensington, Maryland, where he owns a home-remodeling company. She works at a veterinary clinic in nearby Sandy Spring.
“Everyone has their ups and downs in their relationships, but ours has been pretty smooth,” she said. “… He’s been there for every important event in my life. He’s been the most important event in my life.”
Court records show Elmer had been ordered in absentia to be deported in September 2005, after missing an immigration hearing he said he was never notified of. After consulting with lawyers, Alyse submitted paperwork to get her husband a green card in September 2018. Their notice for the May 7 appointment said the required interview was “solely to confirm the bona fides of the couple’s marriage,” according to the lawsuit.
Obama-era regulations provide for this, even for people with deportation orders. The months-long process typically requires couples to demonstrate the legitimacy of their marriage as part of the first step. If the couples pass the interview and earn other approvals, immigrant spouses eventually must travel abroad for a visa interview at a U.S. consulate. Only if they receive a visa can they return to the U.S. legally.

Elmer Was ‘Personally Served’ With a Notice for His Deportation Hearing

It’s unclear how many individuals have successfully become permanent U.S. residents through the process. It facilitates a proper record for families with mixed citizenship, and it’s meant “to avoid the grievous consequences of forcing a spouse or parent to leave” the U.S. for years while trying to build a lawful immigration case from their home countries, the ACLU says.
Now, the plaintiffs say, the U.S. Department of Homeland Security is unlawfully using the process as bait. ACLU of Maryland attorney Nick Steiner said it began in 2017 and seems to happen randomly nationwide.
“Previous practice would allow immigration lawyers to bring their clients to their interviews without fear of arrest because there was an understanding that they were trying to receive Green Cards, notwithstanding the removal orders, and there’s also longstanding guidance that USCIS should be following, that prohibits arrests at interviews,” he said in an email.
The Homeland Security agencies — through Immigration and Customs Enforcement spokesman Shawn Neudauer and Citizenship and Immigration Services spokeswoman Jane Cowley — said they don’t comment on pending litigation. But depositions and emails released in the Massachusetts case suggest federal officials were coordinating to target immigrant spouses at their marriage interviews.
“In my opinion, it makes sense for us to arrest aliens with final removal orders as they represent the end of the line in the removal process,” wrote Andrew Graham, a Boston-based ICE officer. “They are typically the easiest to remove, they have the shortest average length of stay, and at the end of the day we are in the removal business and it’s our job to locate and arrest them.”
The government in its response to the complaint filed in Maryland argued the case should be dismissed because the court lacks jurisdiction and the plaintiffs’ “claims are not likely to be successful.” It also argued Elmer was “personally served” with a notice for his deportation hearing and that it showed a date, time and place.

Elmer Was Shuffled Around Detention Facilities While Alyse Sought Counseling

The Sanchezes were nervous but hopeful as they told their interviewer how they met and answered questions. At the officer’s request, Alyse spoke with her husband in Spanish, on camera. The interviewer confirmed their bona fides — Alyse would get the formal approval in the mail the next day — but said his supervisor “had to come and authenticate the case,” according to the lawsuit.

“The treatment is so bad that they know that you cannot last there for a long time. The food is very bad, the light, the icy air. It’s like a psychological war that you are put in so that you sign your deportation.” — Elmer Sanchez
Alyse was told to leave the room. Minutes later, their lawyer told her Elmer had been detained, leaving her sobbing in the hallway.
Six chaotic weeks followed. Elmer was shuffled around detention facilities while Alyse sought counseling and tried to console their 4-year-old, who constantly asked about his dad.
Their attempt to reopen Elmer’s case was denied June 3. He began to lose hope in a Louisiana detention center.
“The treatment is so bad that they know that you cannot last there for a long time,” he said. “The food is very bad, the light, the icy air. It’s like a psychological war that you are put in so that you sign your deportation.”
Elmer was released June 19 after the ACLU sought an emergency order to prevent imminent deportation.

DON'T MISS

Much of the Damage from the LA Fires Could Have Been Averted

DON'T MISS

CA Sued the Tar Out of Trump the First Time Around. How Did It Do?

DON'T MISS

Israel’s Top General Resigns over Oct. 7 Failures, Adding to Pressure on Netanyahu

DON'T MISS

Musk’s Straight-Arm Gesture Embraced by Right-Wing Extremists

DON'T MISS

A Heavy Favorite Emerges in the Race to Lead the Democratic Party

DON'T MISS

22 States Sue to Stop Trump’s Birthright Citizenship Order

DON'T MISS

Trump Orders to Roll Back Transgender Protections and End DEI Programs

DON'T MISS

Trump’s First Full Day Back in White House Includes Firings and an Infrastructure Announcement

DON'T MISS

As Trump Declares Border Emergency, CA’s Targeted Immigrants Lie Low

DON'T MISS

Visalia Starbucks Pepper Spray Attacker Found Guilty

UP NEXT

Facing Setbacks and Desertions at the Front, Ukraine Detains Commanders

UP NEXT

Palestinians Confront a Landscape of Destruction in Gaza’s ‘Ghost Towns’

UP NEXT

Trump’s Executive Orders: Reversing Biden’s Policies

UP NEXT

Canada Relieved Trump Doesn’t Impose Tariffs on the Major US Trading Partner on First Day

UP NEXT

Ceasefire: Hamas Returns 3 Israeli Hostages, Israel Frees 90 Palestinian Prisoners

UP NEXT

Trump Returns to Power After Unprecedented Comeback, Emboldened to Reshape US

UP NEXT

Trump to Release Records on the Assassinations of the Kennedys and Martin Luther King

UP NEXT

Walmart Breaks into Luxury Resale Market, Will Offer Chanel, Fendi, Prada, Other Brands

UP NEXT

Voices for Justice: Diverse Figures Unite in Support of Palestine

UP NEXT

IMF Sees Steady Global Growth, but Warns That Trump Tariff, Tax and Deportation Plans Cloud Outlook

Musk’s Straight-Arm Gesture Embraced by Right-Wing Extremists

2 hours ago

A Heavy Favorite Emerges in the Race to Lead the Democratic Party

3 hours ago

22 States Sue to Stop Trump’s Birthright Citizenship Order

3 hours ago

Trump Orders to Roll Back Transgender Protections and End DEI Programs

3 hours ago

Trump’s First Full Day Back in White House Includes Firings and an Infrastructure Announcement

3 hours ago

As Trump Declares Border Emergency, CA’s Targeted Immigrants Lie Low

3 hours ago

Visalia Starbucks Pepper Spray Attacker Found Guilty

4 hours ago

Celtics Hand Warriors Their Most Lopsided Home Loss in 40 Years

4 hours ago

Facing Setbacks and Desertions at the Front, Ukraine Detains Commanders

4 hours ago

Ohio State’s Ryan Day Earns Vindication With Buckeyes’ First National Title Since 2014

4 hours ago

Much of the Damage from the LA Fires Could Have Been Averted

The flames are still roaring, the fire crews are still battling and the people of Los Angeles have barely begun to grieve. As of January 16t...

1 hour ago

1 hour ago

Much of the Damage from the LA Fires Could Have Been Averted

California vs. Trump Lawsuits
2 hours ago

CA Sued the Tar Out of Trump the First Time Around. How Did It Do?

Lieutenant-General Herzi Halevi, center, attends a ceremony marking the Hebrew calendar anniversary of the Hamas attack on Oct. 7, 2023, at the Mount Herzl military cemetery in Jerusalem, Israel, on Oct. 27, 2024. (AP File)
2 hours ago

Israel’s Top General Resigns over Oct. 7 Failures, Adding to Pressure on Netanyahu

2 hours ago

Musk’s Straight-Arm Gesture Embraced by Right-Wing Extremists

Ken Martin, the Minnesota Democratic party chairman, in Saint Paul, Minn., on Monday, Nov. 18, 2024. Martin, who announced his candidacy to lead the DNC on Tuesday, has led the Minnesota state party since 2011 and served as a vice chairman of the national party since 2017. (Jenn Ackerman/The New York Times)
3 hours ago

A Heavy Favorite Emerges in the Race to Lead the Democratic Party

President Donald Trump holds up an executive order after signing it on stage at the Capitol One Arena, following his inauguration in Washington, Jan. 20, 2025. Attorneys general from 18 states sued Trump on Tuesday to block an executive order that refuses to recognize the U.S.-born children of unauthorized immigrants as citizens, contrary to the 14th Amendment. (Doug Mills/The New York Times)
3 hours ago

22 States Sue to Stop Trump’s Birthright Citizenship Order

President Donald Trump gives his inaugural address during the 60th Presidential Inauguration in the Rotunda of the U.S. Capitol in Washington, Monday, Jan. 20, 2025. (AP/Julia Demaree Nikhinson)
3 hours ago

Trump Orders to Roll Back Transgender Protections and End DEI Programs

President Donald Trump, left, and first lady Melania Trump attend the national prayer service at the Washington National Cathedral, Tuesday, Jan. 21, 2025, in Washington. (AP/Evan Vucci)
3 hours ago

Trump’s First Full Day Back in White House Includes Firings and an Infrastructure Announcement

Help continue the work that gets you the news that matters most.

Search

Send this to a friend