(FOX 5/KUSI) — A San Diego man is fighting for the release of his wife after she was detained by federal immigration authorities during what was supposed to be her final green card interview.
Dan Buckingham said his 33-year-old wife, Juli, was taken into custody two days before Thanksgiving at the U.S. Citizenship and Immigration Services office in downtown San Diego. She is now being held at the Otay Mesa Detention Center.
Buckingham said he and his wife, who came to the United States from Brazil in 2017 on a student visa before switching to a tourist visa, had been preparing for months for her adjustment-of-status interview.
“She did end up overstaying her visa, and that happened to be right around the time we met,” Buckingham said. “Her plan was not to actually stay here. Her plan was to go back to Brazil or to Spain, and she met me and we fell in love. The next thing you know, we are married.”
The couple filed their green card paperwork in August. Buckingham said the process had gone smoothly until Nov. 25, when two officers entered the interview room and told them that Juli would be detained because of her overstay.
“They said, ‘Sorry to be the bearer of bad news, but Juliana, turns out we have to detain you for unlawfully being present in this country,’” Buckingham said. “They gave us about one minute. She gave me her jewelry, her phone. They handcuffed her. I’ll never forget that look on her face, saying, ‘I’m not a bad person. We were trying to do everything the right way.’”
Pedro Rios, director of the American Friends Service Committee’s U.S.–Mexico Border Program, said cases like Juli’s have been increasing in recent weeks.
“That’s the technicality that ICE is using to detain people,” Rios said. “Because ICE is not meeting the number of detentions and apprehensions they need to have on a daily basis is the reason why we’re seeing this political process being extended now to people who otherwise would not have a problem becoming green card holders.”
USCIS officials said apprehensions at agency offices may occur in certain circumstances.
“Apprehensions at U.S. Citizenship and Immigration Services 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,” USCIS spokesman Matthew J. Tragesser said in a statement. “These actions are typically carried out by law enforcement partners, such as Immigration and Customs Enforcement. Coordinating apprehensions at USCIS facilities rather than at homes or workplaces helps ensure a safer environment for both the individuals involved and law enforcement.”
Buckingham said he supports strong immigration laws but believes detaining spouses who are actively trying to legalize their status is counterproductive.
“What I worry is that a lot of people are going to be discouraged now from going to their interview because they are going to be afraid that their spouse may get detained,” he said.
Immigration experts warn that missing a required interview can make a case significantly worse. Buckingham said he is now hoping Juli will receive a bond hearing soon and be allowed to return home while the legal process continues.