Donald Trump's current immigration policies have become a real headache for thousands of Cubans who realized their dream of reaching the United States, and now face deportation to Cuba.
Thousands of Cubans who entered the United States in recent years now face the possibility of being detained or deported, despite having completed their immigration appointments and having no criminal record. The reason is the precarious immigration status granted to them by Form I-220A, known as "parole."
This document is issued by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) to people in deportation proceedings who are temporarily released under certain conditions. Although it allows them to remain physically in the country, it does not provide immigration benefits or protection against possible expulsion.
What does having an I-220A entail?
The form states that the migrant is detained and under removal proceedings, but is released on his or her own recognizance, with clear conditions: to appear at future hearings, cooperate with ICE, and surrender if required by a court order. The person is not granted immigration status, cannot work legally, or apply for federal benefits.
Unlike those who entered through humanitarian parole, Cubans with I-220A status cannot directly benefit from the Cuban Adjustment Act, which requires legal admission. This technical difference has been key to the government's tightening of immigration policy.
Court ruling and change of priorities under Trump
In September 2023, the Department of Justice's Board of Immigration Appeals made it clear that the I-220A is not equivalent to parole. With that decision, thousands of Cubans were left off the path to permanent residency under the Cuban Adjustment Act and became more vulnerable to deportation.
Donald Trump's rise to power has exacerbated this situation. The federal government has begun detaining migrants with this form, even when they are awaiting hearings or have asylum applications pending. Immigration attorneys in Miami say they have never before seen people detained with I-220A forms and no criminal record.
Recent arrests in Florida
According to press reports and lawyers consulted by El Nuevo Herald, arrests have occurred during routine checkpoints in Miami. The detentions have generated fear and uncertainty in migrant communities, especially among Cubans who thought their status was in order.
Immigration attorney Wilfredo Allen reported that his client—a woman with an I-220A and an ongoing asylum application—was detained without warning. “This is the first time I’ve seen this. People with no criminal record, open cases, are now being arrested,” he said.
Mark Prada, another Miami-based attorney, was more direct: “They were always vulnerable. The difference is that now there are orders to act. The priority is to deport everyone.”
What migrants can do with I-220A
Given this situation, lawyers recommend that Cubans with I-220As continue to attend their immigration appointments and maintain contact with authorities. They also advise them to seek legal alternatives to adjust their status, such as political asylum or residency applications from family members.
It's important, they say, to always carry proof of continuous physical presence in the United States for more than two years. This could be useful if avenues for regularizing their status become available in the future.
Many Cubans have begun to understand that their stay in the country hangs by a very thin legal thread. And the current policy, far from providing protection, aims for a mass deportation without any nuance, where even those who abide by the law are not safe.