Many Cubans in the United States, caught in a legal limbo under the I-220A immigration status, are anxiously seeking answers to the question: "Could I be deported?" This concern has intensified as the Department of Homeland Security (DHS) scrutinizes this immigration category. Until February, it was generally believed that immigrants with I-220A wouldn't face deportation. Even if detained, there was confidence they could contest their cases. However, last week marked a turning point with the first deportations of Cubans holding I-220A status.
Immigration attorney Willy Allen has voiced his alarm over the fate of detained individuals with I-220A. He remains optimistic that eventually all I-220A holders will have their statuses regularized, but acknowledges that there may be casualties in the process. "Deportation flights to Cuba typically occur in the last week of the month. Last week, two people with I-220A, without final deportation orders, were forcibly sent back to Cuba. One was awaiting a credible fear interview while the other was pending a final asylum hearing. They were both taken against their will and left in Cuba. It's an injustice," Allen remarked. He is currently reviewing one case, hoping for a way to bring the individual back to the U.S., though he admits the chances are slim.
During his weekly program on CiberCuba, Allen emphasized the heightened risk for I-220A individuals in detention, attributing this to the current administration's policies that favor deportation over established guidelines. He referenced nearly 200 Venezuelans who were deported, half of whom had Temporary Protected Status or were awaiting court hearings, with few having criminal records. "The administration's need to project strength and an anti-immigrant stance is leading to these injustices," he added.
Potential Increase in Deportations
Allen anticipates more deportations of Cubans with I-220A status, expressing his fear that many in detention, including his clients, may be sent back. He recounted a conversation with a colleague in Houston who heard from an Immigration officer that they were targeting Cubans for deportation. This claim remains unverified, possibly serving to instill fear.
"I suspect the officer's comment was an exaggeration to incite fear and panic," Allen suggested, though he remains concerned about the irregularities in DHS and ICE's actions. Despite this, he maintains faith in the American judicial system, describing it as highly protective of individual rights.
Currently, around 400,000 Cubans with I-220A are awaiting a judicial ruling expected in January, with arguments likely to surface in December. This decision could redefine their status as 'parole,' allowing those present in the U.S. for over a year and a day to apply for residency under the Cuban Adjustment Act.
FAQs on I-220A Status and Deportation Risks
What is I-220A immigration status?
I-220A is a form of immigration status granted to certain individuals, allowing them temporary entry into the United States while their cases are reviewed.
Are Cubans with I-220A at risk of deportation?
Yes, recent developments have shown that Cubans with I-220A are at an increased risk of deportation, particularly those currently in detention.
What could change for I-220A holders in the coming months?
A judicial decision expected in January could potentially reclassify I-220A holders as 'parole,' allowing them to apply for residency under the Cuban Adjustment Act if they have been in the U.S. for over a year and a day.