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They met with immigration officers to apply for legal residency — only to be arrested by ICE

April 06, 2017 (1 min read)

Kristine Phillips, Washington Post, Apr. 7, 2017- "Leandro Arriaga has been in the United States illegally since 2001.  He stayed despite a deportation order and over the past 16 years has made a living fixing and remodeling homes. He also started a family. But the father of four had grown tired of “living in the shadows,” his attorney said.  So last week, he went to a U.S. Citizenship and Immigration Services (USCIS) office for his marriage petition interview — the first step to legalize his presence in the United States through his wife, a naturalized citizen. The process, called an I-130 visa petition, is a common way for foreigners to gain legal residency through their relatives or spouses.  But Arriaga was arrested that day, along with four others who also showed up at the USCIS office in Lawrence, Mass. All five have deportation orders, according to the U.S. Immigration and Customs Enforcement, or ICE.  Though the arrests aren’t unprecedented, legal experts say they are indicative of the Trump administration’s broader view on what counts as high priority for deportation. Adam Cox, an immigration law professor at New York University, said the arrests signify a level of immigration enforcement that is “very different” from that of the previous administration. ... The arrests angered immigration advocates who believe federal officials have created anxiety among undocumented immigrants like Arriaga — green-card applicants who are not a threat to public safety and have taken steps to become lawful residents of the country. ... Undocumented immigrants who have been in the country for a long period of time, have no criminal record and are related to a U.S. citizen are eligible to apply for immigration benefits, even if they have deportation orders, said Cox, the New York University professor. These benefits include permanent residency, work eligibility and citizenship, according to the Department of Homeland Security website.  But today, those who want to — and can — legalize their presence in the United States will likely be more afraid to come forward, Gomez said.  Motomura, the UCLA professor, agrees.  “Being afraid would be much more of a reasonable reaction,” Motomura said. “So much more than ever before, what happens, even to people who have filed papers to get themselves legal status under federal immigration statutes, is at the whim of an individual agent or a local office decision.”"