Editors note: A previous version of the headline was changed for clarity. The Minnesota Daily came to MMLA to confirm reports of USCIS instructions to permanent U.S. residents.

U.S. Citizenship and Immigration Services reportedly told several permanent U.S. residents they could not speak with their attorneys during investigation interviews. Legal advocacy nonprofit Mid-Minnesota Legal Aid confirmed this information. 

USCIS has intensified in-person site visits across the Twin Cities in recent weeks, including at the Commonwealth Terrace Cooperative, a University of Minnesota student housing residence. In September, USCIS announced the results of “Operation Twin Shield,” a joint investigation with Immigration and Customs Enforcement and the FBI that allegedly uncovered 275 cases of suspected immigration fraud in the Twin Cities area. 

USCIS officers asked naturalization candidates — permanent residents applying for citizenship — for tax documentation, employment information and information about their dependents, according to local legal aid offices. 

The Minnesota Daily also received multiple reports of J Visa holders being told they could not speak with their attorneys during interviews, but was unable to independently verify these reports.

Managing attorney at Mid-Minnesota Legal Aid Danielle Hendrickson said green-card holders applying for naturalization were asked about their enrollment in public benefit programs.

“We are seeing people being targeted for these interviews when they have filed their citizenship with a fee waiver or with a medical exception to the English and testing requirements,” Hendrickson said. “So, a person might be getting some kind of public benefit that has nothing to do with their employment and wasn’t part of that application, but then they’re being asked questions about their employment and their tax history.”

Hendrickson said that several clients reported being told by USCIS officers that they were not allowed to talk to an attorney or could only speak to an attorney once the interview was completed. She added naturalization candidates have a right to an attorney when speaking with USCIS.

“We are advising that you don’t have to speak to the officer at all,” Hendrickson said. “So if they won’t let you speak to your attorney, then you can refuse to answer the questions.”

Other legal organizations have reported similar experiences. Immigrant Law Center Legal Director Tracy Roy said in an email to the Daily that many clients had been visited at their homes by USCIS agents in recent weeks, and echoed that officers were targeting those with fee waivers or an exception to the civics and English exam portion of the naturalization test. 

Roy added that USCIS has not had interpreters with them when visiting individuals with disability waivers.

“This has definitely created confusion and fear in communities, and we have been reaching out to current clients to let them know what is going on and that they should assert their right to have their attorneys present,” Roy said.

In a statement, USCIS Spokesman Matthew J. Tragesser confirmed USCIS has been conducting unannounced in-person site visits to verify individuals’ information.

“Let us be clear: the burden of proof squarely rests on the alien to establish their eligibility for immigration benefits,” the statement read. “It should come as no surprise to anyone that USCIS officers seek to confirm evidence and testimony submitted to the agency.”

USCIS denied discouraging interviewees from contacting their attorneys. 

The University confirmed USCIS officers conducted additional in-person site visits on campus. Many students at the University hold J Visas, which are non-immigrant visas for individuals approved to temporarily participate in exchange visitor programs in the United States.

​​Under federal regulations, non-immigrant visa holders are required to provide truthful information to federal officers, even if not material to their status, according to immigration consultant Ryan Wood. Failing to do so could result in a Notice to Appear — a document instructing an individual to appear before an immigration judge — for failing to maintain their status. 

According to Wood, non-immigrants should be entitled to have their attorney present while answering questions from government officials and may affirm their right to wait to answer questions until their attorney is present.

In August, a policy memo from USCIS said the agency would resume personal investigations of naturalization applicants, citing national safety and security as concerns. By law, USCIS officers are permitted to conduct in-person site visits to verify applicants’ eligibility, though historically have rarely done so.

Hendrickson says these unannounced site visits have changed the typical naturalization process.

“Instead of having the interview take place where the person has their attorney with them and it’s before one single immigration officer, now two fraud officers are coming out to someone’s home and engaging in this line of questioning and asking for these documents,” Hendrickson said.

Federal officers were dressed in plain clothes, adding to immigrants’ confusion when being questioned.

“That’s the other scary piece of this; you have someone coming to your door asking you very personal questions, asking for personal documentation that has very personal information on it,” Hendrickson said. “Sometimes taking pictures of that, taking copies of those documents, and it’s really important to verify that it is actually an official immigration officer.”

Hendrickson also said that some clients had their oath ceremonies cancelled after completing their interviews for citizenship, and were instead targeted for personal investigations. 

In October, counties across the country reported USCIS naturalization ceremonies were cancelled due to the federal government shutdown. More recently, USCIS cancelled ceremonies in New York state because county courts did not “meet the statutory requirements to conduct naturalization ceremonies.”

The reintroduction of in-person site visits comes at a time of increasing immigration enforcement in the Twin Cities. On Tuesday, agents from ICE, Homeland Security Investigations and the FBI raided St. Paul-based textile distributor, Bro-Tex.

USCIS has not announced any results or follow-up on its current operations. Legal guidance for students dealing with USCIS site visits can be found on the University website.