By Roland G. Ottley, Esq.
The Ottley Law Firm, PC | Brooklyn, New York

In the labyrinth of American immigration, places once treated as quiet forums for benefits adjudication have become sites of abrupt enforcement. Paths to lawful status are now braided with risk, and families who step forward in good faith can find themselves entangled in the machinery of removal. Awareness and legal action are paramount.

Across the country, verified reports confirm a renewed pattern: ICE agents detaining noncitizens at USCIS field offices during scheduled interviews. This practice—periodic in prior years—has reemerged with concentrated intensity in late 2025, demanding sober, informed preparation from applicants and counsel alike.

The Unseen Risks: From Norms to Enforcement Nodes

USCIS offices have never been formally designated as “sensitive locations.” Yet for years there was a practical understanding: those who voluntarily appeared for interviews to pursue benefits would generally not be arrested on-site. That norm has eroded. Today, benefits adjudication and interior enforcement can, and do, intersect in the same hallway.

• Why this matters: Interviews are not casual checkpoints; they are structured moments where documentary histories, identity, status, and prior proceedings are examined. When adjudicators flag issues—especially final removal orders, suspected fraud, or undisclosed encounters with immigration authorities—information sharing with ICE can convert an administrative appearance into an enforcement opportunity.

Verified Reporting: Arrests at USCIS Interviews in Late 2025

Multiple outlets and attorneys have documented a sharp uptick in arrests at and around the USCIS San Diego Field Office beginning in mid-November 2025. Key, independently reported facts include:

• Attorneys’ accounts of multiple arrests in a single week of marriage-based applicants with no criminal history, including clients of attorneys Saman Nasseri and Habib Hasbini, reported by NBC San Diego (Nov. 14, 2025), CBS8 San Diego (Nov. 23, 2025), KPBS (Nov. 25, 2025), and NBC News (Dec. 1, 2025).
• Reported timing of the first arrest in this wave on or about November 12, 2025, followed by additional detentions of applicants who lawfully entered but overstayed—individuals historically less likely to be arrested during benefits interviews.
• Agencies’ stated position that individuals unlawfully present may be arrested at federal facilities—including USCIS—contrasted with attorneys’ characterization of these on-site arrests as a marked departure from prior practice in the region.

These developments, while geographically concentrated, echo a broader national trend: interior enforcement has intensified, and the proportion of non-criminal detainees in ICE custody has surged.

Breach of Trust: A Cautionary Tale (The Litigation Record)

The present moment is not without precedent. Court filings and investigative reporting from New England (2018–2020) revealed coordination between a USCIS field office in Lawrence, Massachusetts, and ICE during marriage-based interviews. The ACLU’s litigation—commonly referenced as Calderon v. Nielsen (later captioned against successors)—brought the practice to light:

• In January 2018, Lilian Calderon was arrested after a USCIS marriage interview; a federal judge quickly intervened to block removal while litigation proceeded.
• Discovery and public filings described communication patterns between USCIS and ICE around interview scheduling and arrests—facts that catalyzed class litigation meant to protect similarly situated families.
• Related litigation developments included a proposed settlement preliminarily approved in October 2024 and court approval of a settlement in January 2025 in a related ACLU Massachusetts case, reflecting years of advocacy and a formal reckoning with tactics that used benefits interviews as arrest points.

The lesson endures: where adjudication and enforcement mingle, due process risks follow. Applicants must approach interviews with both documentary precision and an explicit risk plan.

Understanding the Current Landscape: Scope and Concentration

• No discrete ICE statistic isolates “arrests at USCIS interviews.” Thus, the best view is triangulation: local reporting, attorney declarations, litigation records, and national detention trends.
• Interview-arrest patterns appear episodic and highly localized—spiking within specific field offices and time windows (e.g., San Diego in November 2025).
• National detention trends highlight the broader context into which these localized actions fit: record custody levels and a steep rise in non-criminal interior arrests.

Statistics at a Glance (Verified Sources)

Metric	Figure	When	Source
ICE detention population	65,135 in custody	Nov. 16, 2025	CBS News analysis of ICE data (Nov. 26, 2025)
Non-criminal detainees in ICE custody	30,986 (≈48% of detainees)	Nov. 16, 2025	CBS News analysis of ICE data (Nov. 26, 2025)
Bookings into ICE detention	41,000+ in October 2025	Oct. 2025	Analysis of ICE data (Austin Kocher, Nov. 21, 2025)
Interior non-criminal arrests	From 945 (Jan.) to 21,194 (mid‑Nov.)—increase >2,000%	Jan.–Nov. 2025	CBS News analysis of ICE data (Nov. 26, 2025)

Note: ICE does not publish a category limited to “USCIS interview arrests.” The above figures reflect the overall enforcement environment in which interview arrests have been reported.

Risk Factors and Vulnerability Assessment

Certain profiles elevate risk in the interview setting. Understanding and addressing these before appearing at USCIS is critical.

• High-risk factors: prior removal orders (including in absentia), unresolved criminal matters, suspected fraud or misrepresentation (especially in marriage cases), or material omissions on prior filings.
• Medium-risk factors: prolonged unauthorized employment (particularly with false documents), significant status violations, or inconsistent statements across filings or encounters.
• Mechanism: If adjudicators identify issues suggesting inadmissibility, removability, or enforcement priority, information sharing with ICE can trigger coordinated detention during or immediately after the interview.

Legal and Human Consequences

Arrest from an interview compresses timelines and leverage. Detention constrains evidence gathering, burdens families, and shifts cases into removal proceedings under difficult conditions. The cost is not only legal but human—children and spouses can witness their loved one taken at a moment that was supposed to mark progress toward stability. In such a climate, the path to justice starts with meticulous documentation and an honest appraisal of risk.

Practical Guidance and Risk Mitigation Strategies

At The Ottley Law Firm, we believe that comprehensive preparation and informed decision-making are paramount for clients facing potential interview-based enforcement. Our approach emphasizes thorough case analysis, risk assessment, and strategic planning to protect our clients' interests while pursuing their immigration objectives.

Pre-Interview Assessment: We strongly recommend comprehensive case review for any client with potential enforcement vulnerabilities, including prior removal orders, visa overstays, or unlawful presence. This assessment should examine the complete immigration history, identify potential red flags, and evaluate the likelihood of enforcement action.

Strategic Preparation: Depending on the risk assessment, strategic options may include filing motions to reopen old removal orders before attending interviews, preparing comprehensive waiver packages for clients with admissibility issues, and submitting prosecutorial discretion requests to ICE for long-term residents with significant family ties.

Emergency Planning: All clients should ensure comprehensive emergency planning, including powers of attorney, childcare arrangements, and immediate contact protocols for legal counsel. While we cannot guarantee any specific outcome, proper preparation enables clients to respond effectively to unexpected developments.

Documentation and Communication: Maintaining detailed records of all immigration-related activities, correspondence, and legal advice is essential for effective representation in any subsequent proceedings. Clear communication with legal counsel about concerns, changes in circumstances, and potential risk factors ensures comprehensive case management.

Expanded Client Advice: What To Do Before, During, and After Your Interview

• Before: Conduct a full records sweep (FOIA/FOIPA requests where appropriate); resolve or move to reopen prior orders; prepare waivers and supporting evidence; organize emergency plans (childcare, powers of attorney, bond funds, document lists); consult counsel about prosecutorial discretion requests in advance.
• During: Arrive with counsel when possible; carry only necessary identity and case materials; avoid bringing original passports unless legally required; maintain calm, precise answers; do not speculate—ask to clarify questions; if ICE appears, request to speak with your attorney immediately.
• After: If detained, assert your right to counsel; obtain the Notice to Appear (NTA), custody paperwork, A‑Number, and location of detention; family members should notify counsel, secure documents, and track transfer locations; document all interactions for the record.

The Path Forward: Informed Decision-Making in an Uncertain Environment

The current enforcement landscape represents a fundamental shift in how immigration benefits adjudication intersects with enforcement priorities. Those who follow the rules cannot assume insulation from arrest simply by appearing for a scheduled interview. The right response is not fear, but preparation: a disciplined risk review, strategic filings, and a plan for contingencies. Protecting family unity begins with clear-eyed planning and a lawyer’s guidance.

For those facing upcoming USCIS interviews or concerns about their immigration status, the importance of qualified legal representation cannot be overstated. The complex interplay of immigration law, enforcement priorities, and individual circumstances requires experienced analysis and strategic planning that only qualified immigration counsel can provide.

At The Ottley Law Firm, PC, we remain committed to providing comprehensive, strategic representation to clients navigating these challenging circumstances. Our approach combines thorough legal analysis with compassionate advocacy, ensuring that our clients make informed decisions about their immigration cases while protecting their fundamental rights and family unity.

If you have questions about an upcoming USCIS interview or concerns about your immigration status, we encourage you to contact The Ottley Law Firm, PC for a confidential consultation. In this environment of heightened enforcement, informed preparation and qualified legal representation are not merely advisable; they are essential for protecting your rights and achieving your immigration objectives.

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About the Author

Roland G. Ottley, Esq. is the principal of The Ottley Law Firm, PC, located in Brooklyn, New York. With over 20 years of legal practice and a prior career as a physician assistant, Mr. Ottley brings a unique analytical perspective to complex legal matters. His practice encompasses New York landlord-tenant law, immigration law, personal injury, and federal litigation. Mr. Ottley is committed to providing informed, strategic representation to clients navigating the intersection of immigration law and enforcement policy.