Permanent Resident Green Card | Image via Wikimedia Commons NEW YORK — A growing legal battle over Immigration and Customs Enforcement (ICE) arrests at marriage‑based green card interviews has reignited national debate about due process, family unity, and the limits of immigration enforcement. A federal appeals court is now weighing whether ICE can resume detaining undocumented spouses at U.S. Citizenship and Immigration Services (USCIS) offices—an issue with deep roots and high stakes for mixed‑status families. For years, marriage‑based green card interviews were considered one of the safest points of contact between undocumented immigrants and the federal government. Couples appeared at USCIS offices to validate their marriages and complete Form I‑130, the first step toward lawful permanent residency. Historically, ICE avoided enforcement at these appointments, allowing families to pursue legal status without fear of detention. “Bait and Switch”That changed in recent years, as reports emerged nationwide of ICE agents arresting undocumented spouses immediately after interviews—even when the marriage petition had been approved. Attorneys and advocates described the shift as a “bait and switch,” arguing that immigrants who followed the legal process were being punished for doing so. The practice triggered a class‑action lawsuit filed in 2020 by the American Civil Liberties Union (ACLU) on behalf of immigrants who were detained or feared detention during their interviews. The plaintiffs argued that ICE’s actions undermined the provisional unlawful presence waiver process, a regulatory pathway created in 2013 and expanded in 2016 to help undocumented spouses obtain legal status without prolonged family separation. In 2024, a federal district court in Maryland agreed, issuing an injunction that barred ICE from arresting, detaining, or removing class members during their green card interviews. That ruling currently applies within the Fourth Circuit, which includes Maryland, Virginia, West Virginia, North Carolina, and South Carolina. The Appeal: What’s at Stake NowThe U.S. Department of Justice is now urging the Fourth Circuit Court of Appeals to overturn the injunction. During oral arguments, government attorneys insisted that individuals with final removal orders “do not have a legal right to remain in the United States,” and that the provisional waiver process does not shield them from deportation. They argued that ICE retains full authority to enforce valid removal orders, even at USCIS offices. Appellate Judge Pamela A. Harris pressed the government on whether ICE was specifically targeting people attending green card interviews. The government did not provide a clear answer. Michael Abrams, an attorney with the ACLU of Maryland, countered that the government cannot quietly abandon long‑standing policy without formal rulemaking. “If you want to change that policy, you have to issue new rules, or you have to rescind the old ones,” Abrams told the court. The appeals court has not announced when it will issue a decision. Human Impact: Families Caught in the MiddleBehind the legal arguments are families whose lives have been upended by arrests at what should have been routine immigration appointments. In one widely reported case, Hannah Silveira, an Army veteran and attorney in California, described how ICE agents burst into a USCIS interview room in San Diego and arrested her husband, Matheus Silveira, moments after their marriage petition was approved. “Before she even reaches the door, four ICE agents just burst into this small office and take my husband,” she told Newsweek. Matheus, who had overstayed his visa, was detained at the Otay Mesa Detention Center and later granted voluntary departure. The couple now plans to relocate to Brazil, abandoning their hopes of building a life in Minnesota. “We are holding two huge emotions in tandem,” Hannah said. “He’s relieved he’ll be able to get out, even though he doesn’t want to return to Brazil necessarily.” Her account reflects a broader trend: ICE arrests increasingly include individuals with no U.S. criminal record. A FactCheck.org analysis found that nearly 43% of those detained in early 2026 had no criminal convictions or pending charges—up from 21.9% during the first months of the Trump administration. Why This Matters for Mixed‑Status FamiliesAdvocates warn that the threat of arrest at green card interviews undermines the entire legal immigration system. If undocumented spouses fear attending USCIS appointments, they may avoid the very process designed to help them obtain lawful status. Immigration attorneys also note that the provisional waiver process was created precisely to prevent family separation. Arresting applicants at interviews, they argue, defeats the purpose of the program and destabilizes families—including U.S. citizen spouses and children. What Happens NextThe Fourth Circuit’s ruling will determine whether ICE can resume arrests at green card interviews within its jurisdiction. But the implications extend nationwide: other courts may look to this decision as a guide, and future administrations could adopt similar enforcement strategies. For now, the injunction remains in place in the Fourth Circuit, offering temporary protection to thousands of families. But until the appeals court rules, uncertainty hangs over mixed‑status couples across the country. As the legal battle continues, one thing is clear: the question of whether immigrants can safely pursue legal status without risking detention remains unresolved—and deeply consequential for families navigating the U.S. immigration system.