{"id":317683,"date":"2025-02-04T15:59:28","date_gmt":"2025-02-04T20:59:28","guid":{"rendered":"https:\/\/oncubanews.com\/en\/?p=317683"},"modified":"2025-02-24T17:50:49","modified_gmt":"2025-02-24T22:50:49","slug":"cubans-with-i-220a-what-paths-remain","status":"publish","type":"post","link":"https:\/\/oncubanews.com\/en\/opinion\/columns\/rolled-up-sleeves\/cubans-with-i-220a-what-paths-remain\/","title":{"rendered":"Cubans with I-220A. What paths remain?"},"content":{"rendered":"

The panic over deportations has also set in among Cubans who have recently arrived in the United States in the face of the new immigration directives of the Trump administration.<\/p>\n

This feeling comes from the fact that the new government considers the Biden administration\u2019s Parole Program<\/a> illegal, an \u201cabuse\u201d of a prerogative given by Congress.<\/p>\n

Republican logic argues that both the Parole Program and CBP One should be analyzed \u201ccase by case,\u201d not on a massive scale.<\/p>\n

These elements were contained, among other places, in the lawsuit of the twenty Republican states against the Parole Program, with Texas at the head (2023), and in a hearing of the Subcommittees on Border Security and Compliance and Oversight, Investigations and Accountability of the Department of Homeland Security of the House of Representatives, led by Republicans Clay Iggins and Dan Bishop<\/a> (2024).<\/p>\n

As a presidential candidate himself, Trump was responsible for doing an impeccable job in favor of creating this panic, preparing the ground in the media.<\/p>\n

For example, in September 2024, during an interview with Fox News, Trump said that he considered Parole beneficiaries \u201cillegal immigrants\u201d who should not be in the United States. And he attacked the program because it allowed them to enter the country by plane.<\/p>\n

He also stressed that, if he won in November, he would close the CBP One application and expel those who had arrived by that route. \u201cI would revoke it,\u201d he said of CBP One, which he described as \u201cbad.\u201d But he went further: Parole was \u201ceven worse.\u201d<\/p>\n

On the other hand, more recently, an internal DHS memo to which CBS had access has only increased those fears by announcing that \u201cthe parole status of those allowed into the U.S. under the CHNV policy would be revoked,\u201d which would \u201c place them in deportation proceedings if they have failed to apply for, or obtain, another immigration benefit, like asylum, a green card, or Temporary Protected Status (TPS).\u201d<\/p>\n

A tip of the hat to the more than 530,000 Cubans, Haitians, Nicaraguans, and Venezuelans who arrived in the United States under that program.<\/p>\n

\u201cGet ready to leave\u201d<\/strong><\/p>\n

But in reality, the news is not surprising. In addition to the \u201cget ready to leave\u201d of the electoral phase, the executive order \u201cSecuring Our Borders,<\/a>\u201d signed by Trump on January 24, establishes the following:<\/p>\n

\u201cTerminate all categorical parole programs that are contrary to the policies of the United States established in my Executive Orders, including the program known as the \u201cProcesses for Cubans, Haitians, Nicaraguans, and Venezuelans.\u201d<\/p>\n

And it orders \u201cRemoving promptly all aliens who enter or remain in violation of Federal law.\u201d<\/p>\n

Because of its impacts, implications and consequences, the leaked document prefigures a range of legal and political options. One is the possible reaction of a federal judge to this issue. Another, lobbying with the structures of the executive branch.<\/p>\n

For now, a first consequence is obvious. As former DHS official Tom Jawetz put it, \u201cTargeting people who came to the U.S. with sponsors and continue to play by the rules isn’t just gratuitously cruel, but it will make our system more chaotic<\/a>.\u201d<\/p>\n

The case of I-220A<\/strong><\/p>\n

The I-220A document, also called Form I-220A, is a conditional release order. The U.S. government issues it to some people detained at the border and later released by immigration officials.<\/p>\n

That \u201cconditional release for Cubans\u201d frees those involved from federal custody as long as they meet conditions such as attending immigration court hearings, not violating local and federal laws, and, if required, wearing an electronic ankle bracelet.<\/p>\n

The ICE website says about it:<\/p>\n

If you are not in ICE detention, you must attend all scheduled hearings, appointments at the local office, and update your mailing address. If you do not attend court hearings, you may be expelled from the United States. The terms of your release may require you to attend appointments at the local ICE office.<\/p>\n

Your court hearing is the opportunity for you to explain why you believe you are eligible for relief or protection from expulsion. It is extremely important that you attend your court hearing. Failure to attend your court hearing may result in a court order or even your expulsion from the United States.<\/p><\/blockquote>\n

While before August 2022 Cubans with I-220As had managed to become residents, the truth is that the majority have not succeeded.<\/p>\n

The problem occurred in the aforementioned month, when a Miami judge granted permanent residency, under the Adjustment Act, to a group of Cubans after they were detained near the U.S.-Mexico border \u201cwithout being inspected and paroled.\u201d They were released with an I-220A.<\/p>\n

But the Department of Homeland Security challenged the judge\u2019s decision: \u201cThe Immigration Judge reasoned that the respondents\u2019 release occurred through a grant of humanitarian parole by operation of law…We conclude that the Immigration Judge erred,\u201d it was said.<\/p>\n

Entering the United States with an I-220A document is different from obtaining a humanitarian permit. Cubans with that document were then not eligible to change their immigration status under the Adjustment Act, they concluded.<\/p>\n

After the Miami judge<\/strong><\/p>\n

That put them against the wall. In September 2023, the U.S. Board of Immigration Appeals ratified that Cubans who entered the country with the I-220A could not resort to the Adjustment Act to obtain residency.<\/p>\n

Which brought a consequence to the table: from that moment on, immigration court judges would have to follow the precedent of the aforementioned Board of Appeals because it was binding, unless a federal appeals court or the U.S. Attorney General ruled otherwise.<\/p>\n

The Curbelo Law firm summarized the situation as follows:<\/p>\n

What does this federal ruling mean for Cubans? On September 11, 2023, the Board of Immigration Appeals of the United States Department of Justice ruled against considering the I-220A as a humanitarian parole. This parole would have allowed eligible immigrants to apply for the Cuban Adjustment Act. This act was enacted in 1966 and has since allowed eligible Cubans to adjust their status in the United States to that of permanent resident\u2026 The new decision concluded that entering the United States with this document is different from receiving a humanitarian parole.<\/p><\/blockquote>\n

And further on:<\/p>\n

The path to the Adjustment Act has become increasingly narrow. In 2017, President Barack Obama repealed the \u201cwet foot, dry foot\u201d law. This law allowed those Cubans who had entered irregularly and\/or who did not meet the admission requirement, which now constitutes a sine qua non condition, to be eligible for the benefit of the Cuban Adjustment Act.<\/p>\n

People with an I-220A form can apply for asylum and try to demonstrate a plausible risk of persecution. However, they will have a pending asylum status and will be required to renew their work permits every two years while their asylum case remains active in immigration court.<\/p><\/blockquote>\n

Strictly speaking, dry foot\/wet foot is not an \u201cact\u201d but an executive action by President Clinton discontinued by President Obama. But in any case, the important thing is that at that time more than 200,000 Cubans were awaiting the decision, hoping to apply for residency one year and one day after their arrival.<\/p>\n

Lawyers have advised I-220A holders to seek other mechanisms to achieve residency, but above all, to apply for political asylum.<\/p>\n

\u201cA well-prepared asylum case increases your chances of success. Unfortunately, many cases lack sufficient evidence, making them difficult to win. It is essential to seek legal advice early on to guide and represent you in the process. Legal representation can significantly increase your chances of success or provide a specialized assessment of the viability of your case,\u201d says a specialized website<\/a>.<\/p>\n

On Sunday, September 17, 2023, groups of Cubans with I-220As gathered in front of the Versailles restaurant in Miami to protest against the Board\u2019s ruling, which effectively left them in legal limbo.<\/p>\n

\u201cNo one is going to look for you at home, nothing is going to happen to you. You are going to stay in the United States. And little by little we are going to legalize you,\u201d immigration attorney Willy Allen assured them.<\/p>\n

Later, they did the same not only in Miami but also in Houston.<\/p>\n

On January 18, 2024, a bipartisan group in the House of Representatives, including Cuban-American Congresswoman Mar\u00eda Elvira Salazar, sent a letter to Secretary of the Department of Homeland Security (DHS) Alejandro Mayorkas urging him to grant Parole in Place status to any Cuban who had been issued an I-220A upon arrival in the United States. Many expected a solution, but this did not happen.<\/p>\n

\"\"<\/a>
Cubans with I-220As demonstrated in June of last year in front of the Versailles Restaurant in Miami to confirm their condemnation of the Cuban government and demand a lasting solution for their immigration status.<\/figcaption><\/figure>\n

With Donald Trump<\/strong><\/p>\n

With Donald Trump in the Oval Office, the new thing in terms of deportations is that ICE has more power to carry them out in an express manner without the undocumented having to go through a long legal process in the courts.<\/p>\n

Before, the people subjected to this expedited process were those who had been in the country for less than 14 days and were detained one hundred miles from the border. Not anymore.<\/p>\n

Now the measure applies to those who have been in any of the 50 states for less than two years. The order does not distinguish whether or not the undocumented have criminal records.<\/p>\n

On January 24, Mar\u00eda Elvira Salazar sent a letter to the acting Secretary of Homeland Security, Benjamine C. Huffman, urging his Department \u201cto continue protecting Cubans, Venezuelans, Nicaraguans, and Haitians without criminal records and pending cases from deportation.\u201d<\/p>\n

According to statements by Immigration attorney Rosaly Chavino to Univisi\u00f3n, with the arrival of Donald Trump to the presidency and his executive orders on the immigration issue, people with I-220A who have a process in court cannot be put into an expedited deportation process.<\/p>\n

Those who run that risk, she said, are those who are not in that case, have been in the United States for less than two years and who the officials can determine are inadmissible for not having received a parole.<\/p>\n

\u201cIt is difficult to understand why some were released with I-220A and others with parole,\u201d acknowledged attorney Willy Allen. \u201cWe do not know for sure what criteria the officials used in each case. That is why we are fighting\u2026for the I-220A to be considered a valid entry under the Cuban Adjustment Act, as is the parole, and for all Cubans to be able to regularize their situation in the United States,\u201d he concluded.<\/p>\n","protected":false},"excerpt":{"rendered":"

Entering the United States with an I-220A document is different from obtaining a humanitarian permit. Cubans with that document were not then eligible to change their immigration status under the Adjustment Act, according to the Board of Appeals (September 2023).<\/p>\n","protected":false},"author":3462,"featured_media":317693,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[34985],"tags":[29093,19256,21524],"ppma_author":[33935],"class_list":["post-317683","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-rolled-up-sleeves","tag-cuban-emigration","tag-featured","tag-u-s-parole"],"acf":[],"yoast_head":"\nCubans with I-220A. What paths remain? | OnCubaNews English<\/title>\n<meta name=\"description\" content=\"Entering the United States with an I-220A document is different from obtaining a humanitarian permit. 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What paths remain?"}]},{"@type":"WebSite","@id":"https:\/\/oncubanews.com\/en\/#website","url":"https:\/\/oncubanews.com\/en\/","name":"OnCubaNews English","description":"Revista sobre Cuba","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/oncubanews.com\/en\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/oncubanews.com\/en\/#\/schema\/person\/d48f92f9024c8ee23fa3311de3bde1bb","name":"Alfredo Prieto","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/oncubanews.com\/wp-content\/uploads\/2016\/12\/Alfredo-Prieto_avatar_1481560104-96x96.jpgdb7880e33c09eaa662b7df867ae2a977","url":"https:\/\/oncubanews.com\/wp-content\/uploads\/2016\/12\/Alfredo-Prieto_avatar_1481560104-96x96.jpg","contentUrl":"https:\/\/oncubanews.com\/wp-content\/uploads\/2016\/12\/Alfredo-Prieto_avatar_1481560104-96x96.jpg","caption":"Alfredo Prieto"},"description":"Investigador, editor y periodista. Ha trabajado como Jefe de Redacci\u00f3n de Cuadernos de Nuestra Am\u00e9rica, Caminos, Temas y Cultura y Desarrollo, y ejercido la investigaci\u00f3n y la docencia en varias universidades. Autor de La prensa de los Estados Unidos y la agenda interamericana y El otro en el espejo.","url":"https:\/\/oncubanews.com\/en\/author\/alfredoprieto\/"}]}},"authors":[{"term_id":33935,"user_id":3462,"is_guest":0,"slug":"alfredoprieto","display_name":"Alfredo Prieto","avatar_url":"https:\/\/oncubanews.com\/wp-content\/uploads\/2016\/12\/Alfredo-Prieto_avatar_1481560104-96x96.jpg","0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/posts\/317683","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/users\/3462"}],"replies":[{"embeddable":true,"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/comments?post=317683"}],"version-history":[{"count":3,"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/posts\/317683\/revisions"}],"predecessor-version":[{"id":317692,"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/posts\/317683\/revisions\/317692"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/media\/317693"}],"wp:attachment":[{"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/media?parent=317683"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/categories?post=317683"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/tags?post=317683"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/oncubanews.com\/en\/wp-json\/wp\/v2\/ppma_author?post=317683"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}