Detention of Asylum Seeker Raises Concerns Over Immigration Procedures

Xiomara Suarez-Marin, a 29-year-old Peruvian national seeking asylum in the United States, was detained by Immigration and Customs Enforcement (ICE) during a scheduled appointment at a U.S. Citizenship and Immigration Services (USCIS) office in Los Angeles in late September. Suarez-Marin's wife, Grazielli Chiosky de Sousa, reported that her spouse had applied for a marital green card and was awaiting progress on her case when the incident occurred. Despite having a pending application, Suarez-Marin was taken into custody, raising questions about the treatment of individuals with pending immigration statuses.

Newsweek

Suarez-Marin entered the United States in November 2022 under humanitarian parole, fleeing Peru due to persecution related to her sexuality. Chiosky de Sousa stated that her wife had complied with all ICE check-ins, including a meeting in August 2025, where an officer acknowledged her pending status adjustment. However, the current administration's immigration policies have shifted, leading to increased enforcement actions against individuals who previously would have been allowed to continue their cases outside of detention.

Newsweek

Tricia McLaughlin, a spokesperson for the Department of Homeland Security, clarified that a pending USCIS application does not grant individuals permission to remain in the U.S. illegally. The Notice to Appear served to Suarez-Marin claimed that she entered the U.S. illegally without parole, a statement that Chiosky de Sousa disputes, asserting that her wife had proper documentation during the appointment.

Newsweek

Chiosky de Sousa expressed frustration over the detention, stating, “We didn't do anything illegal.” She highlighted the distress caused by the situation, noting that they are simply awaiting the approval of the green card application. Critics of the current immigration enforcement policies argue that detaining individuals with pending applications undermines the legal immigration process and creates unnecessary fear among asylum seekers.

Newsweek

Suarez-Marin remains in federal custody at the Adelanto Detention Center in Adelanto, California. Her next immigration court hearing is scheduled for January 28, while a rescheduled USCIS appointment is set for January 13. Chiosky de Sousa expressed her desire for a return to normalcy, stating, "I can't wait for things to go back to normal, but I can't even tell you what normal is now."

Newsweek

There is a discrepancy regarding the legality of Suarez-Marin's entry into the U.S. while she maintains that she had proper documentation, the Notice to Appear claims otherwise. This conflict highlights the complexities and challenges faced by individuals navigating the U.S. immigration system.

Newsweek

• “She stayed three hours until somebody actually came with two other officers and told her that she would have to be detained.” — Grazielli Chiosky de Sousa, Wife of Xiomara Suarez-Marin

Newsweek

• “On September 26, ICE arrested Xiomara Suarez-Marin, an illegal alien from Peru who entered the country via the southwest border in November 2022 and was released into the U.S. under the Biden administration. To be clear, a pending USCIS application does not grant aliens permission to remain illegally in the U.S.” — Tricia McLaughlin, Spokesperson for the Department of Homeland Security

Newsweek