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Fact check: Can the spouse of a US citizen be deported for past immigration violations?

Checked on August 27, 2025

1. Summary of the results

Yes, the spouse of a US citizen can be deported for past immigration violations. The analyses consistently confirm that marriage to a US citizen does not provide automatic protection from deportation [1].

Under recent policy changes by the Department of Homeland Security, immigrants seeking green cards through marriage face increased deportation risks, even when married to US citizens, particularly if they lack legal status or have a history of immigration violations [2] [3]. The Trump administration has implemented policies that make immigrants seeking green cards through marriage vulnerable to deportation proceedings [2].

Key legal realities include:

  • The government can deport anyone who is not a US citizen, regardless of marital status to a citizen [1]
  • A family-based immigrant visa petition does not grant immigration status or provide relief from removal [4]
  • Immigrants with pending applications through US citizen spouses can now be placed into deportation proceedings if their petition is denied [3]

2. Missing context/alternative viewpoints

The original question lacks important context about available legal protections and relief options. While deportation is possible, marriage to a US citizen may provide pathways to lawful status and access to certain protections [1].

Available relief mechanisms include:

  • Extreme hardship waivers for noncitizens married to US citizens [1]
  • Humanitarian protections that may be available in certain circumstances [1]
  • The Keeping Families Together parole process, which allows certain alien spouses of US citizens to request parole, though this doesn't establish eligibility for other immigration benefits [5]

Policy enforcement considerations are also missing from the original question. The Department of Homeland Security may prioritize enforcement actions against individuals who pose threats to national security, public safety, or border security, suggesting that not all cases are treated equally [5].

3. Potential misinformation/bias in the original statement

The original question itself is factually neutral and does not contain misinformation. However, it could be misleading by omission as it doesn't acknowledge that while deportation is legally possible, marriage to a US citizen does provide significant legal pathways and protections that can prevent or remedy deportation in many cases [1].

The question also fails to distinguish between different types of immigration violations and their varying consequences, or acknowledge that recent policy changes have specifically increased deportation risks for this population, making the current legal landscape more restrictive than it may have been previously [2] [3].

Want to dive deeper?
What are the grounds for deporting a spouse of a US citizen?
Can a US citizen's spouse be deported for a felony conviction?
How does the US Citizenship and Immigration Services handle past immigration violations for spouses of US citizens?
What is the process for a spouse of a US citizen to obtain a waiver for immigration violations?
What rights does a spouse of a US citizen have during deportation proceedings?