Florida-based immigration expert, Willy Allen, clarified in his weekly program on CiberCuba that there is no new legislation or ICE measure affecting detained immigrants in the U.S. He explained that authorities are enforcing a 1996 statute and the doctrine of Matter of Q. Li, which he describes as "a double-edged sword."
Allen pointed out that the immigration law revised in 1996 required mandatory detention for anyone entering the U.S. via the border and seeking asylum. "This isn't a new law; it has existed since 1996, but its implementation has been hindered by the sheer number of entrants and the limited availability of 42,000 detention beds," Allen noted.
Understanding the Implications of Matter of Q. Li
The Florida attorney elaborated on why he views the Matter of Q. Li decision as a "double-edged sword." He said, "One aspect of Q. Li states that individuals crossing the border irregularly and applying for asylum can only be released on parole," which benefits those with I-220A, as they could later apply for Cuban Adjustment Act relief after one year and a day in the U.S.
However, Allen also warned that the Matter of Q. Li permits authorities to detain individuals without bail throughout the entire legal process. "What’s happening is that Cubans appearing in court or reporting to Miramar with I-220A are having their classification changed to 235 or 236 to enforce Matter of Q. Li, leading to mandatory detention while they fight their asylum cases," he explained.
He emphasized, "If they apply Matter of Q. Li to deny bail, I will contest it and argue why my client, especially if they've been in the U.S. for over two years, does not qualify for mandatory detention. We'll also fight for residency while in detention."
Judicial Decisions and Their Impact
Allen pointed out that some judges, particularly in San Antonio, have granted residencies under Matter of Q. Li. Meanwhile, in Miami, judges have not granted residencies but have postponed cases to monitor the evolving situation of Matter of Q. Li.
According to Allen, observing how judicial decisions unfold regarding Matter of Q. Li is crucial. "Currently, its immediate application implies that detained individuals will face significant challenges in obtaining bail, as government prosecutors will oppose it. Anyone detained now faces a serious legal battle to be released on bail or under any condition," he stressed.
The issue, as Allen sees it, is the uncertainty surrounding the detention duration. "If you entered through the border and seek asylum, you must complete the process in detention. If you win, great, welcome to the U.S. If you lose, you'll remain detained and be deported to your country. This is being enforced using Matter of Q. Li," he concluded.
Last May, the Board of Immigration Appeals (BIA) affirmed that immigrants entering the U.S. without authorization and released should have been legally granted temporary parole. In the case of Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025), involving a Chinese immigrant, the resolution does not explicitly mention Cuba, yet its repercussions could affect thousands of Cubans who crossed the border and were released without formal parole.
Key Questions About Matter of Q. Li and Immigration
What is the Matter of Q. Li?
Matter of Q. Li is a legal decision that affects how immigrants who enter the U.S. irregularly and seek asylum are treated, particularly concerning their detention and parole eligibility.
How does Matter of Q. Li impact Cuban immigrants?
Although not explicitly mentioning Cuba, the decision could impact many Cubans who crossed into the U.S. and were released without formal parole, affecting their legal status and residency applications.
Why is Matter of Q. Li considered a double-edged sword?
It offers potential benefits like parole for asylum seekers but also permits indefinite detention without bail, posing significant legal challenges for immigrants.