A 31-year-old Cuban man, who has lived in the United States as a permanent resident for over ten years, found himself detained by immigration authorities after returning from a trip to Cuba, where he visited his ailing grandmother.
This incident, reported by Univision journalist Javier Díaz, has raised concerns among thousands of Cuban green card holders who have faced minor charges in the past.
Erlan Rafael Arias traveled to Cuba on October 23 to bid farewell to his critically ill grandmother. However, upon landing at Miami International Airport, U.S. Customs and Border Protection (CBP) officers detained him during their inspection process. A few hours later, he was handed over to ICE and has since been held at the facility known as Alligator Alcatraz, unsure of what his future holds.
His wife, Natalie Castañeda, is pleading for his return to their home and their young daughter. “He hasn't done anything wrong for over a decade. He truly doesn’t understand why he’s being held,” she expressed with visible distress.
An Old Record, A New Threat
Although the charges against Erlan are nearly a decade old, they resurface as if they were fresh.
Back in 2015, he was arrested in Hialeah for shoplifting at a K-Mart. A year later, he faced charges for conspiracy in a mailbox theft, leading to over a year on probation. However, as confirmed by his attorney, the minor theft charge was dropped in 2017, and he was declared innocent.
Despite this, his immigration record remains tarnished, leading to his detention upon returning from Cuba.
Immigration lawyer Wilfredo “Willy” Allen, consulted by the journalist, was clear: “Once you've committed a criminal offense in the United States, you are subject to deportation. Leaving the country exposes you to detention.”
Allen advised that although the case was dismissed, Arias should have waited to become a citizen before traveling, to avoid any risks. He emphasized that no permanent resident with a minor offense should travel abroad without consulting an attorney, regardless of how long ago the offense occurred.
A Shocking Turn of Events
The family claims they were never warned about the potential repercussions of traveling. “He has a paper showing the case was dismissed, stating USCIS wouldn’t interfere. No one ever told him he couldn’t travel,” Natalie explained.
Erlan moved to the U.S. at 21 and had traveled to Cuba twice before without issues. But this third trip has drastically changed his life.
Javier Díaz’s report aims to alert the Cuban community in the U.S. that even a minor, dismissed offense can result in severe immigration consequences for non-citizens.
Many permanent residents are unaware that traveling can trigger inspections using different databases from the court system, where “old charges” may still appear.
Understanding the Impact of Past Charges on Immigration Status
Why was Erlan Rafael Arias detained by ICE?
Arias was detained due to past minor charges that, despite being dismissed, still appear on his immigration record, making him subject to deportation.
What should permanent residents with past charges consider before traveling?
Permanent residents with past charges should consult an immigration attorney before traveling to understand potential risks, as they may be detained upon re-entry to the U.S.
How can past charges affect a green card holder’s status?
Past charges, even if dismissed, can affect a green card holder's status by appearing on immigration records, leading to potential detention or deportation upon leaving and re-entering the U.S.