IMMIGRATIONICE Detains Spouse of an American Citizen on Couple’s Return from Honeymoon
A 26-year-old Peruvian citizen who returned with her American husband from their honeymoon, was detained by ICE, and has been in a Louisiana correctional center since 15 February. Following her marriage in May 2024, they applied for her permanent residency. At the time of her detention, their application was under review by U.S. Citizenship and Immigration Services.
Sylvia Camilla Muñoz-Lira, a 26-year-old Peruvian citizen, was detained by U.S. Immigration and Customs Enforcement (ICE) on 15 February 2025, at Luis Muñoz Marín International Airport in San Juan, Puerto Rico.She was returning from a belated honeymoon with her husband, Bradley Bartell, to their home in Wisconsin Dells, Wisconsin.
Muñoz-Lira had arrived in the United States in 2019 on a J-1 visa for a work-study program in Wisconsin.Due to pandemic-related travel restrictions in 2020, she remained in the country beyond her visa’s expiration. In May 2024, she married Bartell, and they subsequently applied for her permanent residency.
At the time of her detention, their application was under review by U.S. Citizenship and Immigration Services.
Following her detention, Muñoz-Lira was transferred to Richwood Correctional Center in Louisiana, where she awaits a court hearing.Bartell has expressed concerns about the length of time detainees spend awaiting court dates, noting the financial burden on taxpayers. He has launched a GoFundMe campaign to raise funds for legal fees and a potential bond, which could be as high as $15,000
Despite his wife’s detention, Bartell maintains his support for President Donald Trump, acknowledging that while he initially believed immigration enforcement would focus on individuals with criminal records or those who entered the country illegally, the current policies appear to have a broader scope.
Can Non-American Spouses of American citizens Be Deported?
Yes, non-American spouses of U.S. citizens can be deported under certain circumstances. While marriage to a U.S. citizen provides a pathway to legal residency, it does not automatically grant immunity from deportation.
Deportation can occur in cases such as:
Overstaying a Visa – If the non-citizen spouse entered the U.S. legally but remained after their visa expired without applying for legal status, they could be subject to removal. If the spouse had entered the country illegally and failed to apply for adjustment of status or a waiver to remain in the U.S., the noncitizen spouse may be subject to deportation.
Criminal Activity – If the spouse is convicted of certain crimes, including fraud, drug offenses, or violent crimes, they may face deportation. Even some minor crimes (e.g., DUIs) can trigger deportation in certain cases.
Fraudulent Marriage – If U.S. Citizenship and Immigration Services (USCIS) determines that the marriage was entered into solely for immigration benefits, the non-citizen spouse could be deported.
Failure to Adjust Status – Even after marriage, the non-citizen spouse must apply for adjustment of status (green card). If they fail to do so, they could still be removed.
Returning After Unlawful Presence– If a non-citizen spouse leaves the U.S. after being unlawfully present for more than 180 days, they may be barred from re-entering for years, even if married to a U.S. citizen.
In some cases, the non-citizen spouse may be eligible for waivers or other legal relief to avoid deportation, depending on their situation.
How common Is It for the U.S. to Deport the Non-American Spouses of U.S. citizens?
Deportation of non-American spouses of U.S. citizens is not extremely common, but it does happen under certain circumstances. Here are some key factors affecting the likelihood of deportation:
Immigration Enforcement Trends — Under stricter immigration policies (such as during the Trump administration), enforcement increased, leading to more deportations of non-citizen spouses. The Biden administration has focused more on deporting individuals with serious criminal records, reducing deportations of spouses without major violations.
There is no exact number on how often non-citizen spouses are deported.
Immigration law experts estimate that the vast majority of non-citizen spouses are able to adjust their status successfully, but those with legal issues, fraud concerns, or prior deportation orders are more at risk.
In many cases, U.S. citizens can petition for waivers to protect their spouses from deportation, especially if removal would cause extreme hardship.
Some spouses qualify for a provisional waiver while applying for a green card.
While deportation of a non-citizen spouse can happen, it is not the norm for those in legitimate marriages who follow immigration procedures. However, it is still a risk for those with legal complications or immigration violations.
