Trump’s policy leaves marriage-based immigration applicants, spouses of US citizens facing scrutiny: Report

Since President Donald Trump returned to the White House, his administration has introduced a series of immigration measures aimed at slowing legal migration. (AP Photo/Wilfredo Lee, File)

The Trump administration’s immigration policies are increasingly impacting spouses of US citizens, a category that has traditionally received preferential treatment under US immigration law. According to a report, tougher enforcement measures, stricter vetting and broader deportation efforts have left many mixed-status families facing uncertainty, prolonged delays and fears of detention.

What has changed?

Since President Donald Trump returned to the White House, his administration has introduced a series of immigration measures aimed at slowing legal migration. These include pausing immigrant visas for people from 75 countries, increasing scrutiny during green card interviews and expanding deportation enforcement.

While these measures affect immigrants broadly, lawyers and advocacy groups told KNKX, a public radio station, that spouses of US citizens—who have historically enjoyed special protections under immigration law—are now being subjected to the same enforcement approach as other immigrants.

Advocacy groups report growing distress

Ashley DeAzevedo, executive director of American Families United, reportedly told the outlet that Americans with foreign-born spouses are facing unprecedented challenges.

“Life has become a lot more difficult for Americans who are married to somebody who is not born in this country.”

According to DeAzevedo, the advocacy group’s membership has grown sharply over the past year as policy changes have affected more families. She said the organization now supports about 1.4 million people inside the US and 300,000 outside the country, including people who have left the US and those seeking to enter.

She also said some families have chosen to leave the country voluntarily.

“We saw so many of our members make the decision to self-deport, to leave the country for fear of this indefinite detention,” DeAzevedo told the news outlet.

She added that the detention of spouses of US citizens was previously uncommon because immigration authorities generally prioritized other categories for enforcement.

American Families United is an organization which advocates for US citizen spouses and immediate family members of those engaged in various immigration processes.

Why spouses of US citizens are treated differently under the law

Sharvari Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, told KNKX that US immigration law has traditionally given spouses of American citizens unique advantages.

Unlike many other immigrants, they are generally exempt from annual visa caps and have greater flexibility in adjusting their immigration status.

“This group of individuals have always had a special place under the law,” Dalal-Dheini was quoted as saying.

However, she said the current administration is no longer treating them as a distinct category.

“But this administration is treating them like all other immigrants.”

Dalal-Dheini also noted that applicants are now facing additional scrutiny during the immigration process even though they have always undergone background checks.

What is the administration’s response?

US Citizenship and Immigration Services (USCIS) spokesman Zach Kahler, according to the report, defended the stricter vetting process.

He reportedly told the news outlet that said applications for immigration benefits require rigorous identity and background verification that prioritizes public safety.

Kahler also stressed that marriage to a US citizen does not automatically protect someone from immigration enforcement.

“A pending or approved Form I-130… does not confer any immigration status. All aliens are expected to comply with U.S. immigration laws,” Kahler said, according to KNKX.

He added that people who entered the country illegally or overstayed their visas remain subject to deportation.

Military families are also being affected

According to KNKX, the administration’s travel restrictions do not exempt spouses of US military personnel.

A woman identified only as “Es,” whose husband serves in the US Army, told KNKX that delays in her citizenship application forced the family to postpone a planned move to Germany.

“We were actually due to leave in July but had to push it to October to see if we can get [my citizenship] done,” she said.

She said the uncertainty has complicated decisions about their home, travel arrangements and the future of their two US-citizen children.

“He’ll be thousands of miles away and he has to think about his job and will be worried about us and that is just not fair,” Es told KNKX.

Although a federal judge ruled the citizenship processing pause unlawful, she said her application remains stalled.

“This is not impacting people who have done anything wrong. This is impacting everyone.”

Longer delays and stricter interviews

KNKX reported that applicants are also experiencing delays at US consulates and more extensive questioning during immigration interviews.

Dalal-Dheini said many spouses applying for permanent residency have fallen out of legal status while waiting for their applications to be processed.

“And then there’s extra scrutiny being applied to them now,” she told KNKX.

The report said USCIS officers have been instructed to conduct more interviews and, in some cases, examine whether applicants returned to their home country to seek a green card. Those who remain in the US during the process may face more detailed vetting.

According to KNKX, the administration has also directed financial institutions to review bank accounts belonging to people in the US without permanent legal status.

Lawyers warn spouses remain legally vulnerable

California immigration attorney Eric Welsh told KNKX that marriage-based immigration does not guarantee permanent legal status.

Applicants are now expected to provide additional evidence, including proof of “good moral character,” as part of the green card process.

“There’s no absolute right to remain and there’s no absolute right to be afforded adjustment to status,” Welsh told KNKX.

He said many US citizens wrongly assume that marriage automatically protects a foreign-born spouse from deportation.

A chilling effect on families

According to KNKX, immigration lawyers and advocacy groups say the tougher enforcement environment is discouraging some families from pursuing immigration applications altogether.

DeAzevedo said many American families now fear exposing their spouses to detention or deportation by engaging with the immigration system.

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