A legal firm based in Miami is set to initiate a class action lawsuit against the U.S. federal government this Wednesday, May 21. The lawsuit aims to secure a favorable ruling for at least 30 Cuban migrants who arrived in the country and were released with the I-220A form. This legal move takes place amid a transformative legal backdrop, influenced by a recent decision from the Board of Immigration Appeals (BIA) that could reshape the legal landscape for thousands of Cubans undergoing immigration processes.
The Legal Basis for the Lawsuit
Eduardo Soto, the attorney leading the legal action with his firm, argues that Cuban migrants who were released with the I-220A form should be acknowledged under conditions equivalent to "parole," a legal status allowing certain foreigners to enter and stay in the country legally. This argument hinges on a critical interpretation of the immigration detention process.
"We are contending that when a person is physically arrested before being issued an arrest order, they cannot be processed under section 236 but must be processed under section 235, which mandates detention, and the only way to release someone is under parole," explained Soto in an interview with Univision. This argument is bolstered by a recent ruling on May 15, 2025, in the Matter of Q. LI case by the BIA. The ruling states that an individual entering the country without formal admission and detained without an arrest order while "arriving" in U.S. territory should be considered an "applicant for admission" under section 235(b) of the Immigration and Nationality Act (INA).
The Impact of the Matter of Q. LI Ruling
Although the case in question involved a Chinese citizen, its significance extends widely to other migrant communities, including Cubans. According to the BIA's decision, such individuals are not eligible for bail and must remain detained until their deportation proceedings conclude, unless released on humanitarian grounds through parole. The Board emphasized that this classification applies to those arriving at official ports of entry and those crossing through unofficial points and detained shortly after.
This distinction is crucial for Cubans with I-220A, as many were released following their initial detention without a formal arrest order and have continued their immigration processes while free. The legal reasoning behind the ruling strengthens the argument that these individuals should not be classified as "entered without inspection" but rather as "applicants for admission," altering their legal status in relation to the Cuban Adjustment Act.
Understanding the I-220A Form and Its Controversy
The I-220A form has been a source of uncertainty for thousands of Cubans for years. It is a document issued by U.S. immigration authorities after detaining a migrant and permitting their release under supervision. However, until now, the U.S. government has maintained that this form does not equate to legal admission or parole, thereby not allowing eligibility for the Cuban Adjustment Act, which requires one of these statuses to apply for permanent residency.
This new judicial scenario could pave the way for reinterpreting this stance. Eduardo Soto's legal team intends to demonstrate that the conditions under which these Cubans were released with I-220A resemble those of parole and should therefore be recognized as such for immigration purposes.
Scope of the Class Action Lawsuit
One of the participants in the class action is Laura de la Caridad González Sánchez, a young Cuban whose case gained media attention in March of this year. She was the first person with an I-220A to be arrested during an immigration appointment, despite having an asylum case pending.
"I never thought I could find myself in such a situation," González Sánchez told Univision after being released with an ankle monitor. Alongside her, at least 30 other Cubans are part of this collective legal action, although the number could increase. According to attorney Soto, the plaintiffs "must be individuals who were first physically detained and subsequently processed." Those interested in joining the lawsuit should contact the legal firm to verify their eligibility, considering that the process incurs a cost.
"The treatment of these individuals has been truly unjust," Soto concludes.
What Comes Next?
After the official filing of the lawsuit on May 21, the U.S. federal government will have 60 days to respond. Should the ruling favor the plaintiffs, they could receive humanitarian parole, opening the door to apply for the Cuban Adjustment Act and, eventually, obtain permanent residency in the country. This process represents a critical moment for thousands of Cubans in the U.S., whose legal futures may hinge on the reinterpretation of what it means to be "released" in U.S. territory and whether this can finally be recognized as a legal pathway toward immigration stability.
Insights into the Cuban Migrant Class Action Lawsuit
What is the primary goal of the class action lawsuit?
The main objective of the lawsuit is to obtain a ruling that recognizes the conditions under which Cuban migrants with the I-220A form were released as equivalent to parole, allowing them to apply for permanent residency under the Cuban Adjustment Act.
How does the Matter of Q. LI ruling affect Cuban migrants?
The Matter of Q. LI ruling impacts Cuban migrants by providing a legal precedent that supports their classification as "applicants for admission," which could alter their eligibility for certain immigration benefits, including parole and potentially the Cuban Adjustment Act.
What does the I-220A form signify for Cuban migrants?
The I-220A form is a document issued by U.S. immigration authorities allowing a migrant's release under supervision. It has been controversial as it does not currently equate to legal admission or parole, thus not meeting the criteria required by the Cuban Adjustment Act for residency applications.
What steps follow the filing of the lawsuit?
Following the lawsuit's filing, the U.S. federal government will have 60 days to respond. A favorable ruling for the plaintiffs could grant them humanitarian parole, enabling them to apply for permanent residency under the Cuban Adjustment Act.