A U.S. Air Force member has told Newsweek that his wife was detained during an appointment for her green card interview while he was deployed overseas.
Jason McIntosh, 41, who works in network systems for the U.S. military, said his wife, Juana McIntosh, 36, a Mexican national, was held at a U.S. Citizenship and Immigration Services (USCIS) office in Atlanta on July 16 while he was deployed in the Middle East.
“She called me and told me that she was being arrested. I panicked and immediately felt a little bit nauseous because it was totally unexpected. What should I do when I’m thousands of miles away?” McIntosh told Newsweek in an exclusive interview.
He explained that the detention came after immigration officials asked about his presence as her sponsor. “She explained that I was deployed. And then they said, ‘Yeah, well, you can’t, you’re not allowed to be here. So, they’re going to have to get you taken away.’ There’s not a lot of explanation at that point.”
Department of Homeland Security Assistant Secretary Tricia McLaughlin told Newsweek that Juana McIntosh “previously illegally entered the U.S. and was removed three times—a felony—since 2012.”
“She is currently awaiting removal proceedings. This administration is not going to ignore the rule of law,” McLaughlin added.
Family attorney J. Britt Thames said Juana McIntosh was taken into custody by Immigration and Customs Enforcement (ICE) during her I-485 adjustment of status interview. She had filed the application after being granted Parole in Place as the spouse of a current member of the U.S. Air Force.
“Prior to recent policy changes under the current administration, applicants for adjustment were not detained at USCIS interviews,” Thames told Newsweek.
“In the past, if an applicant was denied, they were placed in removal proceedings with the immigration court and would be on the non-detained docket. Unfortunately, the current administration policies led to Mrs. McIntosh being detained because she had an old removal order from a previous encounter in 2012 at the border. Mrs. McIntosh was detained and placed in removal proceedings.”
Thames said his office has contacted ICE through the Atlanta Field Office to request her release so she can continue her case on the non-detained docket. “There are alternatives to detention available, such as electronic monitoring. However, ICE has not responded to any of our requests,” he added.
At the time of her detention, Juana McIntosh was attending a mandatory appointment related to her green card application, which had been in progress for approximately two years.
Requests for green cards, visas, or naturalization can be processed more quickly when the applicant is a dependent of active-duty military personnel.
“Mrs. McIntosh has a pending application for Parole in Place through the military program and has a pending I-212 waiver with USCIS. If granted, these applications would make her eligible to adjust status to a legal permanent resident without being separated from her military spouse and her two U.S. citizen children,” Thames told Newsweek.
Under President Donald Trump’s administration, there has been an increase in the detention of immigrants with civil and criminal infractions. These infractions can be grounds for detention pending court hearings.
Juana McIntosh is being charged under the Immigration and Nationality Act, according to the family attorney. The charge states that at the time she sought admission to the United States, she did not have the required valid entry documents—such as an immigrant visa, reentry permit, border crossing card, or passport—as mandated by federal immigration law.
Juana McIntosh arrived in the U.S. around 2012. She provided a fake name to immigration authorities, according to her attorney.
“When Mrs. McIntosh attempted to enter the U.S. in 2012, she used a different name. The name she used is the name in the ICE locator,” Thames said.
The name she used to enter the country is Patricia Montejo Chavez.
She has two children from a previous relationship, who were in California with their father at the time of her arrest.
Jason McIntosh said the children “definitely do miss their mom, too. They’re hoping that we can get this thing fixed and over with soon.”
The couple met around 2018 in California and married about three years later.
Juana McIntosh co-owns a house cleaning business with her husband, which had been growing before his deployment. Jason McIntosh said the detention has affected their work and clients, particularly elderly customers who rely on her services. “I feel like she doesn’t deserve to be detained, and it’s really heartbreaking for our family,” he said.
The couple has sought assistance from local and federal officials, including U.S. Democratic Representative Sanford Bishop and Democratic Senators Warnock and Jon Ossoff, all Georgia lawmakers.
Juana McIntosh has had hearings in August, with another scheduled for October 14. Her husband said he is hopeful for a favorable outcome based on his lawyer’s guidance.
He said he initially felt “sad” and “angry” following his wife’s arrest, but now feels more hopeful.
“I feel like her case is… I’m hoping it’s more favorable now based on what the lawyer is telling me,” he said.