Cubans Arrested at Immigration Court in Front of Families: Treated Like Criminals

Didie Espinoza, a Cuban migrant holding an I-220A, faced unexpected detention by U.S. Immigration and Customs Enforcement (ICE) agents on Tuesday immediately following his preliminary asylum hearing at a Miami immigration court. Despite adhering to all legal procedures, his arrest came without warning, leaving his loved ones without answers and leading attorneys to describe the move as "deceptive tactics."

"They'll take anyone, sir, anyone. They have a list. With or without a lawyer, it doesn't matter. They treat him like a criminal, and he isn't one," expressed his visibly distressed partner, Daysi Salvador, as her husband was taken away in an elevator. "It's such a big disrespect to this society and humanity! People who truly contribute, who pay taxes, who work... and this happens. Honestly, I'm speechless," she lamented tearfully to a MegaTV reporter present at the scene.

The startling account from immigration attorney Laura Jiménez, who represents Espinoza, highlighted a systematic approach ICE appears to be employing against certain immigrants. She detailed the events to the media, warning of what she termed a legal trap.

"The prosecutor submits a motion to dismiss the charges in court, and once the judge approves it, it means the individual is no longer undergoing deportation proceedings. That's when ICE steps in to detain them outside the courtroom," Jiménez explained.

Jiménez had proactively prepared a written opposition motion, anticipating the government's attempt to close the asylum case. "When the prosecutor expressed the intention to close the case, I informed the judge that I had prepared arguments in writing and wished to present them immediately. I had to insist on submitting them and also argued orally," she recounted.

Nevertheless, neither the judge nor the prosecutor provided sufficient explanations. "I requested the judge instruct the prosecutor to justify the intention to close the case. That didn't happen. Though I was praised for being prepared, the decision didn't favor my client, allowing ICE to wait outside for his arrest," she stated.

Jiménez criticized the proceedings as a violation of due process. "It was an arbitrary process, where the right to be heard was disregarded. Arbitrary actions overshadowed the law. The saddest part is that all involved—the judge, the prosecutor, and myself—have sworn to uphold and adhere to the law. Many legal clauses, including constitutional rights, are being violated here," she asserted.

A Strong Case Overlooked Without Justification

According to his attorney, Espinoza entered the U.S. in 2022 and maintained an impeccable track record: he properly filed his asylum application, provided detailed evidence of political persecution in Cuba, attended all his appointments with USCIS and assigned supervisors, and was fully engaged in the legal process.

"He spent three years awaiting a trial, fighting for that protection," Jiménez lamented. "All of that was ignored. His evidence, his commitment, his adherence. It was as if none of it mattered," she added.

A Warning for Other Migrants and Attorneys

Jiménez cautioned that this is not an isolated incident: "It's not just me. Other attorneys faced similar situations that same day. It's a pattern. Those with upcoming hearings are at significant risk of this happening to them."

Even in other jurisdictions, judges have adopted concerning stances. Noticias 23 reported an instance where a judge in the western U.S. openly claimed in court that "there is no longer a dictatorship in Cuba because the Castro family is no longer in power."