Fact check: What are the grounds for deporting a US citizen's spouse?

1. Summary of the results

Based on the analyses provided, there are several key grounds for deporting a US citizen's spouse:

Primary Legal Grounds:

• Lack of legal status with pending applications: The US government can deport immigrants married to US citizens if they lack legal status and have pending green card applications, even when applied for through their spouse ^{[1] [2]}.
• Denied petitions: Under updated guidance by U.S. Citizenship and Immigration Services, immigrants who lack legal status and have pending applications through a U.S. citizen spouse can be placed into deportation proceedings if their petition is denied ^[3].
• General immigration status: The government can deport anyone who is not a US citizen, regardless of their marital status to a citizen ^[4].

Policy Changes:

• Immigration authorities can begin removal proceedings for immigrants who lack legal status and applied to become a lawful permanent resident through a citizen spouse ^[5].
• The policy change explicitly states that immigrants seeking lawful residence through marriage can be deported ^[5].

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

Recent Policy Developments:

• A federal judge struck down a Biden administration policy that aimed to ease the path to citizenship for undocumented spouses of US citizens ^{[6] [7]}. This policy would have created a pathway to citizenship for people lacking permanent status who were married to US citizens.
• The incoming Trump administration has vowed to carry out mass deportations ^[7], which suggests a more aggressive enforcement approach.

Real-world Impact:

• There are documented cases of people being detained by ICE despite having pending green card applications and being married to US citizens ^[3], demonstrating that these deportation risks are not merely theoretical.

Broader Immigration Context:

• The Trump administration implemented registration requirements for immigrants with potential risks of detention, deportation, and legal consequences ^[8], indicating a comprehensive approach to immigration enforcement.

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation, as it is posed as an inquiry rather than making claims. However, there are common misconceptions that the question might stem from:

Common Misunderstanding:

• Many people assume that marriage to a US citizen provides automatic protection from deportation, but the analyses clearly show that marriage to a US citizen does not guarantee protection from deportation ^[4].

Policy Complexity:

• The question doesn't acknowledge the evolving nature of immigration policies, where recent changes have specifically increased deportation risks for spouses of US citizens who previously might have had more protection.

Administrative Changes:

• The question doesn't reflect that deportation grounds can change based on administrative guidance and policy updates, as evidenced by the Trump-era guidance that expanded deportation possibilities for married immigrants ^{[1] [5]}.