A wave of outrage erupted online, fueled by claims that immigration authorities were seizing individuals moments before they could become U.S. citizens. Dramatic posts painted a picture of injustice, alleging ICE agents were disrupting a sacred process and violating fundamental rights. But beneath the emotional surface lies a far more complex – and legally sound – reality.
The truth, often obscured by sensationalized reporting, is that citizenship isn’t granted with an application or a passed test. It’s solidified only with the Oath of Allegiance, taken at a naturalization ceremony. Until that oath is sworn, an applicant remains just that – an applicant – and the government retains the legal right to review, reopen, and even deny the case.
The feeling of being “minutes away” from citizenship is understandably powerful, but legally irrelevant. If an individual is detained during this final stage, it signifies the process was never truly complete. These arrests, while emotionally charged, are remarkably rare, typically occurring not at citizenship ceremonies, but at immigration court or during benefit interviews.
The shift in enforcement, rather than policy, is at the heart of the controversy. Previous administrations often allowed individuals with final deportation orders to remain, relying on voluntary compliance. Today, ICE more consistently executes those existing orders, taking individuals into custody immediately upon identification.
Consider the case of Kasper Eriksen. He’d missed deadlines to maintain his green card, failed to appear at a crucial immigration hearing, and received a final deportation order in 2019. Despite applying for citizenship years later, ICE acted within the law when they enforced that pre-existing order during his naturalization interview. He wasn’t being targeted for *seeking* citizenship, but for failing to comply with prior legal obligations.
Similar situations arise with individuals already out of status. Hanne Daguman, for example, initially entered on a student visa, transitioned to a work visa, and then remained in the country after that visa expired. Her application for status adjustment through marriage was made *while* unlawfully present, making her subject to arrest during her USCIS interview.
USCIS has long coordinated with ICE to address such cases. When someone applies for a benefit while ineligible or out of status, arrest is a possible outcome. This isn’t a new tactic, but one that has been consistently employed since at least 2018.
Criminal convictions also trigger deportability. Green card holders convicted of aggravated felonies, certain drug offenses, or even multiple DUIs can have their status revoked, leading to arrest and deportation. Many are unaware their conviction has compromised their legal standing.
The scenario often unfolds tragically: a routine check-in, a court hearing, or a USCIS interview. Individuals arrive believing their status is secure, only to discover it has been revoked, and ICE is there to take them into custody. Fabian Schmidt, a German engineer, and Ma Yang, a long-time resident, are stark examples of this harsh reality.
These cases all hinge on a critical point: simply *attempting* to gain status doesn’t *grant* status. Filing paperwork doesn’t shield someone already out of legal standing. The media’s portrayal of ICE “snatching” people from courthouses, while technically accurate, obscures the fact that these individuals were already subject to deportation under existing laws.
Ultimately, the narrative isn’t about preventing people from becoming citizens. It’s about enforcing existing immigration laws, a practice that has evolved in its intensity, but not in its legality. The pursuit of citizenship, however earnest, doesn’t supersede the consequences of prior legal violations or the requirement of maintaining lawful status.
