When Jessica Rodriguez Aguilar and her husband Josue Aguilar arrived for a routine appointment with U.S. immigration services in Miami earlier this month, they were filled with hope. This long-awaited immigration interview was supposed to bring them closer to resolving Josue's immigration status, which has left them in a state of constant fear due to his lack of legal status. Jessica expressed her optimism, stating, "I thought we were one step closer to him becoming a resident of the United States."
However, the appointment took a devastating turn when Josue was detained. Under the Biden administration, individuals like Josue—who have no criminal record—were considered low priorities for arrest and deportation. Yet, legal experts report an alarming increase in on-the-spot arrests during immigration hearings. Immigration attorneys are now cautioning clients that attending routine court hearings or appointments could lead to detention or deportation.
Jessica, a U.S. citizen, has been married to Josue for three years. He arrived in the U.S. at the age of 14, seeking asylum from gang violence in Honduras. Unfortunately, his asylum request was denied, and in 2018, he received a deportation order that was never enforced. Over the years, the couple built a life together, welcoming a son who is now two years old. Jessica works as a receptionist at a law office while Josue manages a restaurant. Together, they even launched a children's party rental business.
Carrying the burden of Josue's immigration status weighed heavily on their family. To assist her husband in gaining lawful residency, Jessica filed an I-130 form, known as a Petition for Alien Relative, which is the first step toward obtaining a green card. This petition requires demonstrating the authenticity of their marital relationship, leading them to schedule an appointment with immigration officials.
When the couple met with an immigration officer in Miami a few weeks ago, Jessica felt optimistic. She recalled, "The officer was very nice. He played with our son and only asked us two questions because he had seen our paperwork." The officer inquired about their relationship history and ultimately informed Jessica that their case had been approved. "It was like a weight off my shoulders," she said, grateful for the positive outcome.
However, the relief was short-lived. After being instructed to wait outside with her son, Jessica soon learned that Josue was being detained due to the enforcement of his 2018 deportation order. Overwhelmed by the sudden turn of events, she described the moment as "horrible" and expressed her struggle to maintain composure for the sake of her child.
Data on the number of individuals detained in similar situations is limited, but numerous immigration attorneys have reported a troubling trend: clients attending what they believe are routine immigration appointments are increasingly subjected to detention. One recent case involved Mohsen Mahdawi, a Columbia University student who appeared for his naturalization interview, only to be arrested and detained at the courthouse.
Valerie Crespo, the attorney representing the Aguilar family, highlighted that these arrests are becoming more frequent. In the past month alone, she has had four clients detained during their appointments. Historically, the risk of arrest for undocumented immigrants at such appointments was low, as the priority for deportation was typically given to individuals with criminal backgrounds or those considered dangerous.
However, the current administration has shifted the focus of immigration enforcement, making detentions more common. Valerie Crespo noted that many clients are now choosing to skip their immigration appointments and court dates out of fear. "Most of them have been in the United States for many years and have families here," Crespo explained, emphasizing the tough choices families must make between staying together or complying with immigration laws.
As for Josue Aguilar, he has been transferred to a detention facility in Texas, and Crespo has requested a halt to his deportation proceedings. She stresses that Josue is a person without a criminal record, married to a U.S. citizen, and father to a U.S. citizen child. "His situation should provide him some hope," she remarked.
In light of these developments, Crespo is advising her clients with deportation orders to attend their immigration appointments, as it is required by law. However, she also warns them of the risks involved: "If you go, you may very well get detained.” The uncertainty surrounding immigration enforcement continues to create anxiety for countless families, underscoring the urgent need for reforms in the immigration system.
