What should have been a routine step in his legal process turned into a nightmare for Orlando Delgado, a Cuban national who arrived in the U.S. in 2022 after crossing the border. On June 25, Delgado was apprehended by Immigration and Customs Enforcement (ICE) agents during his scheduled appearance at the immigration court.
From the Broward Detention Center in Florida, where he's currently held, Delgado shared his experience: "I wasn't allowed to do anything. They abruptly closed the court, and ICE took me into custody." His arrest has raised alarms among human rights advocates and the Cuban community in South Florida, who are increasingly encountering similar incidents.
Delgado, the father of a seven-month-old baby, had applied for political asylum in the U.S. after participating in the July 11, 2021 protests in Cuba, which led to his detention and warnings from State Security. His wife, Mercedes Estévez, insists that returning to Cuba would pose a significant danger: "He can't go back. They watched and threatened him, and now they want to send him to Mexico," she told Telemundo 51, her voice breaking.
Why Was Orlando Detained Despite a Clean Criminal Record?
The only "blemish" on Orlando's immigration record is an I-220A document he received upon entering through the southern border. This form, widely used since post-pandemic reopening, permits thousands of Cubans to be released on parole while navigating their asylum process. Nevertheless, it offers no solid protection against deportation if their asylum claim is denied or if ICE acts unilaterally.
Despite having a pending "credible fear" request, Delgado was unexpectedly detained. "I'm desperate. I have nothing. I can't support him," lamented his wife Mercedes, who is now left alone, jobless, and caring for their baby.
Fear and Uncertainty: Threats of Deportation to Mexico
The prospect of deportation to Mexico instead of Cuba has plunged the family into uncertainty. "Those who came with me were also told the same: deportation to Mexico," Delgado confirmed.
In January, the Mexican government announced it would accept Cuban migrants deported by the U.S. who cannot be directly sent back to their home country. This measure was part of a broader agreement to accept migrants from other nations, such as Nicaraguans, Haitians, and Hondurans.
An Alarming Trend: Following the Law Leads to Detainment
According to ICE's official data, at least 853 Cubans were arrested in the Miami area between January 2024 and January 2025. Most are individuals with no criminal background, open immigration cases, and released on I-220A. In many instances, arrests occurred during or immediately after routine court appointments, fostering a climate of fear and uncertainty among migrants.
Orlando's situation is not unique. In Colorado, Ariel Cruz Pentón was arrested at work without a visible warrant and was then moved without notice. ICE attempted to have him sign his deportation to Mexico, despite being Cuban.
His wife, Alexandria Dowell, a U.S. citizen, reported irregularities in the process and highlighted the arbitrary actions of immigration authorities. In Florida, Ariel Lara González, another Cuban father, was detained during an immigration hearing, even with parole and amidst his residency application.
The same happened to Didie Espinoza, who was arrested immediately after attending his preliminary asylum hearing. His attorney, Laura Jiménez, accused ICE of employing a deliberate procedure: once the prosecutor requests to close the case, it's removed from the immigration judge's jurisdiction, and ICE detains the migrant.
"It was an arbitrary process. The right to be heard wasn't respected. Constitutional rights are being violated," Jiménez asserted. "They'll take anyone. With or without a lawyer. As if they were criminals, and they're not," stated Daysi Salvador, Espinoza's partner.
Detentions Without Criminal Records, Families Torn Apart, Rights Violated
What links these cases is not criminal records or public safety threats, but the same scenario: Cubans with I-220A documents, in the midst of asylum proceedings, with no criminal history, yet detained when attending court.
Attorney Jiménez describes it as a "deceptive tactic" that ICE uses to deport migrants without proving they pose a danger or violated the law. In the words of Alexandria Dowell, a detainee's wife: "No matter if you do everything right… it's up to whoever reads your case."
In all cases, the outcome has been the same: broken homes, children without fathers, desperate wives, and communities confused by a system that appears to punish even those who follow the rules. "The system that promised protection now shuts doors," lamented an activist on social media. Increasingly, attending a hearing at the immigration court can become a trap with no escape.
Questions About Cuban Migrants Facing Deportation
Why are Cuban migrants being detained in the U.S. despite having no criminal records?
Many Cuban migrants are detained during routine court appearances due to their I-220A status, which allows parole but not solid protection against deportation if their asylum claims are rejected or if ICE decides to act unilaterally.
What is the significance of the I-220A document for Cuban migrants?
The I-220A document allows Cuban migrants to be released on parole while their asylum cases are processed. However, it does not provide robust protection against deportation, making them vulnerable if their asylum application is denied.
Why might Cuban migrants be deported to Mexico instead of Cuba?
Due to agreements between the U.S. and Mexico, some Cuban migrants may be deported to Mexico if they cannot be returned directly to Cuba. This is part of a broader policy that includes other nationalities like Nicaraguans, Haitians, and Hondurans.