Over three decades ago, Yelenis Pérez left her homeland of Cuba to start anew in the United States. Establishing her life far from the island, she built a family, including children and grandchildren, and secured stable employment at the University of Tampa. However, her world was turned upside down on July 14 when she attended her routine immigration check-in with the U.S. Immigration and Customs Enforcement (ICE)
The crux of the issue is her expired Cuban passport, which, according to Cuban consular officials, could take up to a year to renew. This uncertainty leaves her anxiously pondering her future. "I don't know where they'll send me," she expressed. "What happens if I show up on October 14 without that document? Where will I end up?" For 27 years, Yelenis has been diligently working as a cleaner at the University of Tampa and has never missed an immigration appointment. "I ask, please, to remain here, even under supervision. I have never let this country down," she pleaded. The emotional toll has been significant, with Yelenis admitting that her mental health has suffered since receiving the order. "My life completely changed. I'm no longer myself," she lamented. Her greatest fear is being separated from her U.S.-born children and grandchildren. "What will happen to them? What will become of me?" Despite Cuba now allowing its citizens to enter the country with expired passports, Yelenis is adamant about not returning to the island. "I have no home, no family there. I have nowhere to go." The question arises, why wasn't her status regularized? While the Cuban Adjustment Act (CAA) enables many Cuban nationals to apply for permanent residency after a year and a day in the U.S., it doesn't automatically apply to everyone. The Act requires applicants to have been "inspected and admitted or paroled" by U.S. immigration authorities upon entry. Yelenis' situation suggests she either entered the U.S. through a means that didn't grant her this status or she couldn't regularize her status due to a deferred final deportation order from over a decade ago. Such predicaments can result from irregular entry, legal missteps, lack of guidance, or restrictive immigration policies blocking status adjustments. Although the Cuban Adjustment Act remains active, as it’s codified in the Helms-Burton Act and can only be altered by Congress, its application hinges on individual entry conditions and immigration history. The recent suspension of programs like humanitarian parole and family reunification doesn’t impact the validity of the CAA but has sown confusion among many Cuban immigrants. Since Donald Trump's return to the presidency in January, his administration has enforced a sweeping deportation policy with a clear objective: one million deportations annually. ICE's acting director, Todd Lyons, affirmed recently, "If we find someone here illegally, we will take them into custody," regardless of criminal background. The agency has also declared it will ramp up efforts against businesses employing undocumented immigrants, aiming to curb informal employment and dismantle labor exploitation networks. Yelenis Pérez is facing deportation because ICE issued her a 90-day notice to leave the country, requiring her to present a valid passport and ticket, which she currently cannot provide due to her expired Cuban passport. The Cuban Adjustment Act (CAA) allows Cuban nationals to apply for permanent residency in the U.S. after one year and one day of being in the country, provided they meet certain entry and status conditions. Under Trump's administration, the U.S. has implemented a mass deportation strategy aiming for one million expulsions annually. ICE is actively detaining individuals without legal status and targeting businesses employing undocumented workers.Legal Hurdles and the Cuban Adjustment Act
Shifts in U.S. Immigration Policy
Understanding Cuban Immigration Challenges in the U.S.
Why is Yelenis Pérez facing deportation?
What is the Cuban Adjustment Act?
How has U.S. immigration policy changed under Trump's administration?