Injunction Prevents Arrest of Undocumented at Waiver Interviews

Many undocumented foreigners have married a U.S. citizen and built a life in the United States. Deportation is one of the most devastating outcomes for them, as they can be barred from the country and separated from family for many years. Leaving the country, applying for a waiver, and immigrating through consular processing still meant years of separation and uncertainty.

In the interest of keeping U.S. citizens and their families together, the Department of Homeland Security (DHS) created a rule that would greatly shorten the time the foreign family member is outside of the country. The 2016 provisional waiver rule allows undocumented immediate relatives of citizens to file waivers Forms I-212 and I-601 while still in the United States. Form I-212 lets a removed applicant apply for admission and adjustment of status, and Form I-601 is a waiver for inadmissibility. Applicants that have both these waivers approved would then depart the country so that his/her USC immediate family member can petition for them through consular processing.

ICE's implementation of this rule, however, has hurt instead of helped many of these couples. Couples must attend an interview during this process. Despite following the procedure, undocumented spouses have been arrested and detained at their interviews. It is to the point that some couples postpone or skip the interview altogether due to fear of detainment. Some of the affected couples sued, resulting in the court case Sanchez, et al. v. McAleenan, et al. 

The case is still ongoing. The court granted the plaintiffs their motion for preliminary injunction, meaning temporarily relief. For now, ICE cannot arrest, detain, or remove noncitizen petitioners and their beneficiaries at these interviews. They must also be released from custody, including orders of supervision and immigration detention. For now, citizen petitioners and their undocumented direct family members should be able to properly undergo the waiver process without fear of detainment.