US visa holders alert: Can ICE arrest you after timely flied visa extensions? Immigration lawyer weighs in
With a sudden increase in arrests occurring at domestic airports, immigration lawyer Poonam Gupta remarked that the current situation is not attributable to the visa holders; it is a result of incorrect assumptions.
She highlighted the recent case of Oakland’s Chantal Morales Rojas, who faced arrest due to claims of visa overstay.
Gupta noted that Rojas had legally entered the United States on a J-1 visa as an au pair. She had filed for an extension before her visa expired, but this did not avert her detention by ICE officials. Rojas was released only following a court order.
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Immigration lawyer warns visa holders
Gupta advised visa holders against the assumption that they will not face detention solely because they submitted their visa extension application punctually and have no criminal history.
“A timely-filed extension or status application legally starts a period of authorized stay. ICE is arresting people anyway. At airport check-in counters and gates, including travelers with pending green card, asylum, and extension applications, at least 27 arrests across 15 airports in 9 states in recent weeks, per an internal DHS memo obtained by ABC News,” Gupta stated in a LinkedIn post.
“Two things people assume protect them. Right now, neither reliably does: A pending extension application: legally, this starts authorized stay; A domestic flight: no border, no customs, should be lower risk,” she explained.
“This isn’t a loophole or a technicality — it’s the law working as intended, and ICE treating it as if it doesn’t,” she said, suggesting visa holders to seek guidance from their immigration attorneys prior to making arrangements for domestic flights.
Who is Chantal Morales Rojas?
Chantal Morales Rojas, a resident of Oakland who hails from Ecuador, participated in a brief group excursion to Denver for a frisbee tournament. However, she was halted, interrogated, and subsequently arrested on the jetway of her return flight on July 20.
According to the administration, her detention was due to her having overstayed her visa, which was set to expire on January 4, 2025. She was transported to the GEO Detention Facility located in Aurora, Colorado, while her friends began to gather funds for legal assistance.
Last week, Rojas was granted release on a bond of $3,000.
Before her arrest, Rojas submitted a request for an extension of her visa before its expiration. However, it was still pending at that time.