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Green card applicants married to U.S. citizens face new uncertainty amid arrests

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The Trump administration says they were detained because they had overstayed their visas, but longtime attorneys say that has never been an issue previously for spouses of U.S. citizens.

A British mother holding an infant, a Ukrainian refugee, the wife of a Navy veteran, a German man about to celebrate his first wedding anniversary. These are some of the spouses of U.S. citizens who were recently detained by Immigration and Customs Enforcement at what they thought were going to be routine green card interviews.

There have been several dozen known cases out of San Diego alone, but cases have also been reported in New York City, Cleveland and Utah, according to attorneys and local news reports.

Immigration attorneys told NBC News that this marks an “unprecedented” break in decadeslong practice policy, and that their clients are panicked they could be detained even when they are eligible to become legal permanent residents by law and have no criminal histories.

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Jan Joseph Bejar, an immigration attorney in San Diego who recently had a client detained, said if the arrests spread around the country, “It’d be huge. It would be really devastating.”

The detentions are one of the latest tactics in President Donald Trump’s policies targeting legal pathways for immigration and increasing scrutiny of green card applicants.

The Trump administration has said in multiple cases that people were detained because they had fallen out of status by overstaying their visas, but longtime attorneys say this has never been an issue and spouses of U.S. citizens looking to obtain green cards were granted exceptions by Congress. The law says that immediate relatives, such as spouses, of U.S. citizens are eligible for green cards even if they were in unlawful immigration status at the time they filed to become legal permanent residents.

“There was a carve-out that was intended for immediate relatives of U.S. citizens, including spouses. This was or is the legal path for them to adjust their status. This is going about doing things ‘the right way,’” said Julia Gelatt, the associate director of the U.S. immigration policy program at the Migration Policy Institute.

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She added that because it can take well over a year to go through the entire process, people “could very easily fall out of status right in the process of waiting for that green card through their marriage.”

The British woman was released almost a week later and her green card approved, according to NBC San Diego. The Navy veteran’s wife was released on bond, according to the outlet, and must now pursue her case in immigration court. The status of the German man and the Ukrainian refugee are currently unclear. All four had fallen out of status because of visa overstays but were still eligible to become green card holders, according to their attorneys.

Attorneys said the exact number of people affected would be difficult to quantify, but all said many spouses of U.S. citizens seeking green cards could fall into the category of overstaying their visas. There are currently at least hundreds of thousands of people who are at some stage of the green card application process, according to United States Citizenship and Immigration Service data.

Once a green card applicant is detained by ICE, their case goes through the immigration court system, where a prosecutor will argue against the applicant receiving legal status, Bejar said. Because of the yearslong backlog that immigration courts are facing, this will extend valid green card applicants’ cases and come at a cost to taxpayers, he said.

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USCIS spokesman Matthew J. Tragesser said in a statement to NBC News that apprehensions at its offices “may occur if individuals are identified as having outstanding warrants; being subject to court-issued removal orders; or having committed fraud, crimes, or other violations of immigration law while in the United States.”

“The Trump administration has been abundantly clear: aliens must respect our laws or face the consequences,” he said. “Overstaying a visa is an immigration law violation that can result in deportation.”

ICE said in a statement to NBC San Diego in late November that the agency “is committed to enforcing federal immigration laws through targeted operations that prioritize national security, public safety, and border security.”

“Individuals unlawfully present in the United States, including those out of status at federal sites such as USCIS offices, may face arrest, detention, and removal in accordance with U.S. immigration law,” its statement said.

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Bejar said he had a client married to a U.S. citizen who was detained at a San Diego USCIS office two days before Thanksgiving.

The Mexican immigrant was at the USCIS office with his wife for an interview as part of the green card process. Bejar said the interview had been going well and the officer said he would approve the first part of the couple’s petition. Then ICE agents came and took his client away.

The attorney said his client was brought from Mexico as a young teenager and his parents had overstayed their visa. Now in his early 20s, he recently married a U.S. citizen and sought to adjust his immigration status. As the immediate relative of a U.S. citizen who does not have a criminal record, the man was still eligible for a green card even if he overstayed his visa, according to his attorney.

“When people go in for a green card interview, it’s because they’ve complied with everything else and they’re at the end of the line. In other words, you’re almost there. You’ve gone through the sacrifices of paying for the government fees, for your legal fees,” Bejar said.

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Bejar said he and other attorneys have been going through their cases to warn applicants in the San Diego area, but their options are limited.

“While there’s nothing in particular that says ICE can’t detain them during that time, it’s always been viewed as a waste of resources, because they are eligible for the benefit of a green card,” said Shev Dalal-Dheini, the senior director of government relations at the American Immigration Lawyers Association. “Why would you waste enforcement resources or detention resources on those individuals?”

“Instead of actually picking up violent criminals, like they say they’re doing, they’re picking up people who are following the rules that have been in place for decades,” she said.

Courtney Koski, a senior attorney with the Costas Law Firm in the Cleveland, Ohio, area, said she and other attorneys in the Cleveland area have noticed a change in USCIS agents where they are “finding officers scrutinizing and nitpicking every aspect of the case, looking for reasons to deny.”

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Koski said she recently had a client detained at an interview Nov. 24 as part of the spousal petition process, the step before applying for a green card, even though she was eligible for the benefit and had no criminal history.

The Mexican woman had been in the U.S. for 25 years. Koski said her client had a removal order connected to what she called “a government mistake” where a court scheduled an immigration hearing for the client’s family in July 2004 and then “rescheduled their hearing for April of 2004 without sending my client any type of notice whatsoever.”

“This is the reason why my client has a removal order, because the government made a mistake and did not notify her of her hearing date,” she said. NBC News could not independently verify the circumstances related to the hearing date.

Her client married a U.S. citizen and was eligible to apply for a green card. Koski said she planned to file to reopen her client’s case once the spousal petition was approved since the approval could help strengthen their case.

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“Under the previous administration, people who were being detained generally were considered a threat to national security or threat to public safety, so someone with no criminal history would not have been expected to be detained in an interview like this,” she said.

Jeremy Lawer, 33, the woman’s husband, said “the interview was going pretty well, and ICE agents came anyway. We were incredibly shocked.”

“She was understandably nervous. But you know, I was like there’s no reason they’re going to deny us. We’ve been living together. We bought a house together,” he said.

Lawer said he feels he and his wife have been caught in the “political football” under the Trump administration.

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The same day that his wife was detained, he got a letter saying the spousal petition was approved.

Koski has filed to reopen the case and, in the meantime, her client has been moved around to multiple detention centers.

“From my perspective, this all feels kind of like a setup,” Lawer said. “Like they had always been intending to arrest her that day.”

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Photos: We’re building infrastructure for a knowledge-driven economy – Tinubu

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President Bola Tinubu has said that his administration was building road infrastructure to lay the needed physical foundation for a knowledge-driven economy, stressing that education, justice, and innovation need roads to thrive.

Tinubu stated this in Abuja on Tuesday, while flagging off the construction of Collector Road CO1 in the Institutional Research District, from Nile University to Ring Road III.

Represented by the National Chairman of the All Progressives Congress, Prof Nentawe Yilwatda, the President said that the project included dualisation of the road from Baze University roundabout to Nile University, that is the Base University.

He noted that three years into his administration, the results were speaking out.

“From the Southern Parkway to the Institution and Research District, we are laying the physical foundation for a knowledge-driven economy.

“Today, we provide those roads that are needed to provide justice, education, and innovation to our people.

“To the university community, this road is more than a route. It is a connection between learning, law, and the future of our capital,” he said.

He pointed out that the Institution and Research District was designed to be the intellectual heart of Abuja, adding that universities, law chambers, research centers, and innovation hubs were growing in the area.

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He, however, stressed that ideas could not move if roads do not move and connect the heart and people together.

Tinubu further said: “Under the Renewed Hope Agenda, we made a choice to finish what was started and to start what we must finish.

“The first phase of this corridor connecting the Body of Benchers, Nile, and Base University is done and ready for commissioning. Today, we begin the next phase to Ring Road III to complete the loop.

“That is how we build a city—with a plan. Not a city of abandoned pieces. Infrastructure must be continuous, and it must also be useful to the people within the environment”.

He commended FCT Minister Nyesom Wike for turning FCT into a delivery agency, stressing that the transformation of Abuja under the minister’s watch is bold, visible and worthy of commendation.

He said, “Wike, your energy is unmatched. You took over a capital with many stalled projects and turned the FCTA into a delivery agency. ‘Mr. Projects’ is not a slogan, it is a record. You have revived sleeping roads, built new interchanges, and brought development to satellite towns. You have domesticated the Renewed Hope Agenda; street by street, district by district. The transformation of Abuja under your watch is bold, visible, and worthy of commendation. Well done, Minister Wike.”

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In his remarks, Wike explained that the project was considered following a plea by the Body of Benchers to provide access roads to ease the movement of people in and out of the area.

He assured FCT residents that the Tinubu administration would fulfill all the promises made to the people of FCT, adding that the project would be completed by January 2027.

The minister said that he would continue to deliver life-impacting projects to FCT residents as directed by Tinubu, stressing that the delivery would not be affected by 2027 political activities.

Earlier, acting Executive Secretary, Federal Capital Development Authority, Mr Richard Dauda, said that the Institutional Research District of the FCT is located in Phase III of the city.

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Dauda said that the area was planned to accommodate educational institutions like universities, research institutions, and other government institutions as provided in the Abuja master plan.

He added that the district was being developed in stages, with this project being a major intervention in the opening of this district.

He explained that the scope of the current stage involved the construction of Collector Road CO1, from the Nile University to Ring Road III with a total length of about six kilometres.

He added that the project also included the dualisation of the section from the Base University Junction to Nile University.

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Just in: Kidnapped APC Chairman, Another Victim Die in Abductors hideout

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Tragedy struck in northern Nigeria following reports that two abducted victims, including a former chairman of the All Progressives Congress (APC) in Koko/Besse Local Government Area of Kebbi State, have died while in captivity.

The deceased, Alhaji Muhammadu Mai Barga Besse, who previously served as APC chairman in the local government area, was reportedly held hostage by armed kidnappers for an extended period before his death. Another victim who was abducted alongside him was also confirmed dead, although his identity had not been officially disclosed at the time of filing this report.

The sad development comes months after disturbing videos emerged online showing the victims in dire conditions while being held captive in the notorious Birnin Gwari forest.

The footage sparked widespread concern among family members, political associates and members of the public who called for urgent intervention to secure their release.

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Despite efforts made during their captivity, both men were reportedly never reunited with their families before their deaths.

The incident has once again drawn attention to the persistent security challenges facing communities across northern Nigeria.

The Birnin Gwari axis, located along the Kaduna-Niger corridor, has become one of the country’s most dangerous regions, with criminal gangs and armed bandits frequently carrying out kidnappings, attacks on villages and other violent crimes.

Residents and stakeholders have repeatedly called on security agencies to intensify operations in the area and dismantle criminal hideouts within the vast forest, which has long served as a sanctuary for armed groups.

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News of the deaths has generated an outpouring of grief on social media, with many Nigerians expressing sadness over the fate of the victims and urging authorities to strengthen efforts against kidnapping and banditry.

Popular social media personality Denglishalhajii also shared the development on Instagram, mourning the victims and drawing attention to the growing insecurity affecting many parts of the region.

The deaths of the former APC chairman and his fellow captive have further underscored the human cost of the country’s security crisis, leaving families, friends and political associates in mourning while raising renewed concerns about the safety of citizens in vulnerable communities.

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Tinubu Seeks Constitutional Backing For State Police, Writes Senate

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President Bola Tinubu has asked the senate to approve a constitutional amendment bill seeking to establish state police across Nigeria as part of efforts to strengthen the country’s security architecture.

The request was contained in a letter dated June 15, 2026, and read on the floor of the senate on Tuesday by Godswill Akpabio.

In the correspondence, Tinubu said the proposed Constitution of the Federal Republic of Nigeria (Alteration) State Police Bill, 2026, seeks to amend the 1999 constitution to provide a legal framework for the creation of state police services.

The president said the bill is designed to address Nigeria’s evolving security challenges by introducing a dual policing structure that would allow both federal and state policing systems to operate within a constitutional framework.

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According to him, the proposal builds on previous legislative efforts by both chambers of the national assembly and contains additional safeguards to ensure effective implementation.

“This bill builds on the significant work already done in this regard by the House of Representatives and the Senate, and incorporates additional safeguards to ensure that the creation of a dual policing structure to address our nation’s evolving national security challenges, will be achieved quickly and effectively to the benefit of all Nigerians,” Tinubu said.

The president described the proposed legislation as a key component of his administration’s broader plan to reform Nigeria’s security system and improve the protection of lives and property.

“The proposed legislation is a critical component of our administration’s strategy to reorganize Nigeria’s security architecture to better protect our citizens, and I’m confident that the Senate will act quickly to consider and pass this bill,” he added.

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Read Also: Amnesty International Demands Immediate Release of Omoyele Sowore, Condemns Detention

Tinubu urged lawmakers to give the proposal expeditious consideration.

Following the reading of the letter, Akpabio referred the bill to the senate committee on constitution review for further legislative action.

The committee was directed to report back to the chamber on the next legislative day.

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