Norcross Army wife avoids possible detainment after ICE check-in, attorney says

The wife of a U.S. Army soldier will remain in the United States following a required immigration check-in Wednesday morning in Norcross, her attorney says

The woman, whose identity has not been disclosed, reported to U.S. Immigration and Customs Enforcement at 8 a.m. at its facility on Holcomb Bridge Road. 

Attorney Tony Kozycki, who is running as the Democratic candidate against Republican Rep. Rich McCormick in Georgia's 7th Congressional District, had previously said he expected that the woman would be taken into custody and ultimately deported.

According to Kozycki, the woman's application for asylum had been denied, and she has remained under ICE supervision through electronic monitoring while complying with required monthly check-ins.

The circumstances surrounding the woman's asylum application, including why it was denied and whether she has exhausted every available appeal, were not immediately clear. 

At a press conference on Wednesday morning, the attorney said that he had learned the good news that his client would not be detained.

"The government did recognize the circumstance and situation and I think we saw that they had prepared to take her into custody today. They, in conjunction with higher levels of government, made a decision that they will keep her out of custody now," he said.

Kozycki credited the community for their support, saying that he believed it was that factor that prevented her detainment.

He said they plan to file an appeal and a stay of removal in the near future. For now, the monthly check-ins will continue, he said.

Immigration enforcement and military families

The case comes amid growing scrutiny of immigration enforcement involving military families.

An Associated Press investigation⁠ published this month identified at least 52 spouses and parents of active-duty service members who have been detained by immigration authorities since President Trump returned to office. At least six were deported, one left the country voluntarily and eight remained in federal custody at the time of the report.

The federal government does not routinely track the detention of military family members, meaning the AP's count is likely an undercount.

The Department of Homeland Security told the AP that military service does not automatically give a person or their relatives legal immigration status or exempt them from enforcement.

Immigrant relatives of service members may qualify for "parole in place," which can allow certain people who entered the country without authorization to remain temporarily and pursue legal status without first leaving the United States. The AP found that average processing times for the benefit had grown to about a year, leaving some families vulnerable to enforcement while their applications remained pending.

CBS News Atlanta has contacted ICE and the Department of Homeland Security for additional information about the woman's case.