Immigration and Divorce in Illinois: What the 2025 Crackdown Means for Your Case

Updated January 2025

The most dangerous question I hear in consultations: "Can I get my spouse deported?"

The second most common: "Will I lose my green card if we divorce?"

The 2025 immigration enforcement environment has fundamentally changed the calculus for divorcing couples in mixed-status marriages. With 622,000+ removals executed this year, ICE arrests happening at USCIS marriage interviews, and courthouse enforcement back on the table, both citizen and immigrant spouses need to understand what's actually happening—and what it means for your divorce.

This isn't the guide I would have written two years ago. The rules have changed.

The 2025 Enforcement Reality

On January 20, 2025, DHS issued Executive Order 14159, rescinding all prior enforcement priorities. The policy now mandates "faithful execution of immigration laws against all inadmissible and removal aliens."

What that means in practice:

DHS launched "Operation Midway Blitz" specifically targeting Chicago. ICE has shifted from jail-based arrests to community enforcement.

The sensitive locations policy is gone. The January 2025 directive rescinded protections for schools, churches, and hospitals. DHS now states it is "not issuing rules regarding where immigration laws are permitted to be enforced."

Courthouse enforcement is back. At least 80 noncitizens were arrested outside Bay Area courthouses between May and September 2025. Illinois enacted legislation banning arrests within 1,000 feet of courthouses, and Cook County Chief Judge Timothy Evans issued a similar order—but DOJ filed a lawsuit challenging Illinois's law on December 23, 2025.

Can You Actually Get Your Spouse Deported?

The short answer: You can report them. But it probably won't work the way you're hoping—and it might backfire spectacularly.

What You Can Do

A citizen spouse can:

• Report to ICE via their tip form
• Call the HSI tip line (1-866-347-2423)
• Contact the DHS OIG hotline

What Actually Happens

Under previous administrations, ICE rarely acted on tips about "merely undocumented" individuals without criminal history. That's changed somewhat—31% of 2025 Chicago-area arrests involve no criminal charges.

However:

Once your spouse has a green card, you cannot "withdraw sponsorship." The I-864 Affidavit of Support cannot be revoked for any reason after LPR status is granted. Your obligation to support them at 125% of poverty continues until they naturalize, earn 40 work quarters (~10 years), or are removed and don't return.

If your spouse is already a citizen, deportation is essentially impossible. Revoking citizenship requires proof of fraud or denaturalization proceedings—an extraordinarily rare occurrence.

Threatening deportation is unethical and potentially illegal. Under Illinois Rule of Professional Conduct 1.2(e), attorneys cannot threaten criminal charges or deportation to gain advantage in negotiations. Courts have sanctioned attorneys for this.

The Backfire Risk

If you report your immigrant spouse and they qualify for VAWA (Violence Against Women Act) protections, your report becomes evidence of abuse—strengthening their case for independent immigration status.

As one immigration attorney put it: "If a US spouse reports a foreign spouse—it's a blessing. It's strong evidence of non-physical spousal abuse."

Conditional Green Cards and Divorce: The I-751 Problem

If your spouse received a green card through your marriage and it's been less than two years, they have a "conditional" green card. Divorce complicates this—but doesn't end their path to permanent status.

The Normal Process

Married couples file Form I-751 jointly to remove conditions 90 days before the two-year green card expires.

The Divorce Waiver

If you divorce before filing or while I-751 is pending, the immigrant spouse can file with a "good faith marriage waiver." They must prove the marriage was genuine when entered—not that they weren't at fault for the divorce.

Required evidence for the waiver:

• Joint financial records (tax returns, bank statements)
• Shared residence documentation (leases, utilities)
• Relationship photographs with timestamps
• Sworn affidavits from witnesses who knew the couple

Timing scenarios:

Processing reality: Waiver cases currently run 12-30 months with heightened scrutiny and likely interview requirements.

Practice tip: Advise clients to gather and preserve bona fide marriage evidence before separation. Joint tax returns, bank statements, and insurance policies are harder to obtain post-separation.

Pending Green Card Applications: Divorce Can Kill Them

If your immigrant spouse is still waiting for their green card (I-130 or I-485 pending), divorce timing is critical.

I-130 Petition (Spousal Visa Application)

If divorce occurs before USCIS approves the I-130, the petition is automatically invalidated. The qualifying relationship no longer exists.

I-485 Adjustment of Status

If divorce is finalized while I-485 is pending, USCIS will typically deny the application.

Strategic Timing

For high-net-worth cases: Consider whether delaying divorce proceedings until I-485 approval makes sense. If divorce is unavoidable, explore alternative immigrant categories (employment-based, different family relationship).

VAWA Self-Petitions: The Escape Hatch for Abused Spouses

VAWA allows immigrant spouses abused by U.S. citizens or LPRs to self-petition for a green card—without the abuser's knowledge or cooperation.

December 2025 Policy Changes

USCIS issued major policy changes on December 22, 2025, implementing heightened scrutiny after reporting a 360% increase in VAWA filings since 2020.

Key changes:

• Residence requirement now explicit: Must demonstrate cohabitation during the qualifying relationship
• Good faith marriage evidence: Requires primary evidence; heightened scrutiny of affidavits
• Good moral character: Removed language protecting applicants who cannot submit certain evidence
• Interviews now required: Beginning December 2024, VAWA petitioners face interviews—a departure from prior practice

Processing times: Approximately 41.5 months for I-360 approval. Total path to green card: 3-5 years.

The Two-Year Window

VAWA self-petitions can be filed up to two years after divorce—but the petition must demonstrate the "divorce was connected to the abuse." Filing before divorce eliminates this evidentiary burden.

VAWA Confidentiality Protections

Under 8 U.S.C. § 1367, federal officials cannot:

• Disclose VAWA case information
• Rely on information from abusers
• Conduct enforcement at domestic violence shelters, victim services, or courthouses in protection order cases

Family law practitioners should carry copies of VAWA confidentiality policies to court and assert these protections if DHS agents appear.

Custody When a Parent Faces Deportation

The Core Principle

Immigration status cannot be the sole factor in custody determinations.

Under 750 ILCS 5/602, Illinois courts use the "best interests of the child" standard. Immigration status is not a statutory factor. In Hupp v. Rosales (2013), the Fourth District held that an undocumented mother's status was too uncertain to impact custody—"any illegal alien can be deported" in theory, but the actual "danger...is extremely remote."

What Courts Can and Cannot Do

Courts CAN:

• Grant jurisdiction regardless of parents' immigration status
• Make custody determinations for children regardless of parents' status
• Award parenting time to undocumented parents
• Consider deportation risk as one factor (not dispositive)
• Include contingency provisions for deportation
• Order standby guardianship arrangements

Courts CANNOT:

• Base custody solely on immigration status
• Compel withdrawal of an immigration petition
• Order a party to file an immigration application
• Assume U.S. residence is automatically in the child's best interests

Contingency Planning

Smart parenting orders include:

• Standby guardianship designations activating upon deportation
• Alternative parenting schedules if deportation occurs
• Video/telephone visitation arrangements
• Relocation provisions
• Power of attorney for child-related decisions
• International travel provisions

Mixed-Status Families: The 85% Reality

85% of immigrant families are mixed-status—at least one non-citizen and one U.S. citizen (typically the children). This creates unique planning requirements.

Key Legal Principles

• U.S. citizen children have constitutional rights regardless of parents' status
• A parent's deportation does NOT automatically transfer custody or terminate parental rights
• Benefits received by U.S. citizen children do NOT count against the immigrant parent for public charge purposes

Emergency Planning

Immigration attorneys now routinely advise undocumented parents to establish emergency guardianship for U.S. citizen children. NPR reports 60,000 more teenagers in mixed-status households are working in 2025 compared to 2024, with lower school enrollment—reflecting family economic disruption.

The I-864 Affidavit of Support: It Survives Divorce

If you sponsored your spouse's green card, you signed Form I-864 promising to support them at 125% of federal poverty guidelines (~$1,400/month for one person).

This obligation survives divorce.

In In re Marriage of Bychina (2021), the Second District unanimously held that an I-864 can be enforced in Illinois divorce court as a breach of contract claim. The sponsor's duty is independent of any state support order.

When I-864 Obligations End

• Immigrant naturalizes (becomes citizen)
• Immigrant earns 40 qualifying work quarters (~10 years)
• Immigrant loses/abandons LPR status and departs
• Sponsor dies

Prenuptial agreements cannot waive I-864 obligations. Per Erler v. Erler (9th Cir. 2016), the federal obligation trumps private contracts.

Public Charge: Support Orders Help, Not Hurt

The current public charge rule (2022, still in effect) defines "public charge" as someone primarily dependent on:

• Public cash assistance for income maintenance (SSI, TANF)
• Long-term institutionalization at government expense

NOT considered for public charge:

• Medicaid (except long-term institutional care)
• SNAP, CHIP, WIC
• Section 8 housing
• Child tax credits
• Unemployment or disability
• School lunch programs

For divorce practice: Spousal maintenance and child support count as income for the immigrant recipient—which is positive for public charge analysis. Support orders demonstrate self-sufficiency.

November 2025 update: DHS published a proposed rule to rescind the 2022 framework, which would expand officer discretion. The comment period closed December 19, 2025. The 2022 rule remains in effect until any new rule is finalized.

ICE Detainers: Illinois Restricts Cooperation

If your spouse (or you) has contact with law enforcement, understanding ICE detainers matters.

What Detainers Are

ICE Form I-247A requests local law enforcement to: 1. Notify ICE of release dates 2. Hold the person up to 48 additional hours beyond release eligibility

Multiple courts have held that the 48-hour hold constitutes a new arrest requiring probable cause—making compliance potentially unconstitutional.

Illinois TRUST Act (5 ILCS 805)

Illinois law prohibits local law enforcement from:

• Detaining individuals solely on immigration detainers
• Stopping or arresting anyone solely based on immigration status
• Entering 287(g) agreements with DHS
• Giving ICE access to individuals in custody without a criminal warrant
• Sharing release dates with ICE

Cook County's Sheriff's Office is restricted from honoring ICE detainers.

What I Tell Clients

Before Filing for Divorce

• Assess immigration status and pending applications
• Identify filing deadlines (I-751 90-day window, interview dates)
• Preserve bona fide marriage evidence before separation
• Coordinate timing—consider waiting for green card approval if feasible
• Never plead "bad faith marriage" or immigration fraud in divorce papers unless absolutely verified

During Proceedings

• Request remote appearances when possible (courthouse arrest risk)
• Include comprehensive contingency provisions in parenting plans
• Establish standby guardianship for U.S. citizen children
• Address I-864 obligations as a separate breach of contract claim
• Document any threats to report to ICE (supports VAWA if applicable)

Emergency Resources

• NIJC Chicago Legal Protection Fund: Free legal services
• ICIRR Family Support Hotline: 1-855-HELP-MY-FAMILY (1-855-435-7693)
• Cook County Public Defender Immigration Division: (312) 603-0636 (Wednesdays 9-11am)

The Bottom Line

Immigration and divorce are separate legal systems—but in 2025, they collide more often and more dangerously than ever before.

A citizen spouse cannot simply "get their spouse deported" by making a phone call. An immigrant spouse doesn't automatically lose status by divorcing. But the risks are real: ICE is arresting people at USCIS interviews, courthouse protections are contested, and processing times mean uncertainty can last years.

If your divorce involves immigration issues, you need attorneys on both sides—family law and immigration—working together. The stakes are too high for guesswork.

Frequently Asked Questions

Q: Can I withdraw my sponsorship if we divorce?

A: Not after your spouse receives their green card. The I-864 obligation survives divorce and lasts until they naturalize or earn 40 work quarters.

Q: Will my spouse be deported if we divorce?

A: Divorce alone does not trigger deportation. If they have a conditional green card, they can file an I-751 waiver. If they have a 10-year card or citizenship, divorce has minimal immigration impact.

Q: Can my spouse's immigration status affect custody?

A: Illinois courts cannot base custody solely on immigration status. It may be considered as one factor among many, but an undocumented parent retains parenting rights.

Q: Should I report my spouse to ICE?

A: This is almost never advisable. It's ethically problematic, may backfire if they qualify for VAWA, and your I-864 obligation continues regardless.

Q: What if I'm undocumented and my citizen spouse is threatening to report me?

A: Document the threats. Consult an immigration attorney about VAWA eligibility. The threats themselves may strengthen a self-petition.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content. Immigration law is extremely complex and changes rapidly—consult qualified immigration counsel for guidance on your specific situation.

ATTORNEY ADVERTISING. Past results do not guarantee future outcomes.

Related Articles:

• [Orders of Protection in Illinois Divorce](#)
• [Custody Modifications: What Counts as "Substantial Change"](#)
• [High-Net-Worth Divorce: Protecting Complex Assets](#)

Need to discuss your case? Schedule a consultation with our Chicago family law team. We coordinate with trusted immigration counsel for mixed-status family cases.

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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