As the number of deportation flights from the United States to Cuba rises in early 2026, one pressing concern is the options available for Cubans with criminal records who also have longstanding deportation orders.
Immigration attorney Ismael Labrador shared with journalist Mario J. Pentón that individuals with older deportation orders—some dating back to the early 2000s—may still have legal options, depending on the nature of their offenses and how much time has passed.
Labrador advises those in this predicament to thoroughly examine their immigration files, as some may now qualify for a waiver that wasn't accessible at the time of their original proceedings.
"Review your cases; some of you may now be eligible for an immigration waiver and can reopen your cases since the waiver wasn't available when you first applied," he explained.
Eligibility for Waivers After 15 Years
One possible avenue, according to Labrador, is a time-based immigration waiver, which considers the applicant's conduct following the passage of time.
"This waiver applies if 15 years have elapsed since the offense for which the deportation order was issued, provided no further crimes have been committed in the U.S. It allows for the possibility of reopening the case to remove the deportation order and petition for this available waiver before an immigration judge," he detailed.
The crux of these cases is to demonstrate the required time has passed without any further criminal activity.
However, Labrador cautioned that reopening a case does not automatically lead to the deportation order being rescinded. It is a discretionary process influenced by numerous legal factors and the individual's personal history.
Crimes That Exclude Waivers
Not all criminal records allow for this kind of relief. Labrador emphasized that certain offenses effectively eliminate any chance of immigration relief.
"Individuals with no available immigration waiver often have convictions related to drug trafficking, including cocaine, methamphetamines, and other illicit substances," he stated.
Conversely, Labrador noted that marijuana convictions might be treated differently.
"Those convicted of marijuana offenses can potentially reopen their cases," he pointed out.
He also highlighted cases where individuals committed crimes before 1995 and received deportation orders under legal frameworks that have since evolved.
"There are cases from before 1995 where deportation orders were issued, but subsequent legal changes mean these cases don't face the same restrictions as current laws," he mentioned.
In these instances, a detailed review might uncover opportunities not available when the deportation orders were issued.
Nonetheless, Labrador was clear in stating that a possibility does not guarantee success: "Many cases can be reviewed and may have potential, but it cannot be guaranteed that an immigration judge will agree to reopen the cases."
Increasing Deportations in 2026
The lawyer's comments come amid a backdrop of increased deportations to Cuba. On Thursday, 116 irregular Cuban migrants were deported from the United States, arriving at Havana's José Martí International Airport.
The Ministry of the Interior (MININT) announced on Facebook that this operation was conducted under bilateral migration agreements. The group included 88 men and 28 women.
This latest deportation brings the total number of Cubans sent back from the U.S. to 302 in the first two months of 2026, according to official figures.
In addition to the deportation on February 19, another took place on February 9, when 170 migrants were sent to the island.
However, authorities have noted that the total figure stands at 302, suggesting there are 16 additional cases not detailed in public reports.
The February 9 flight was significant as it included, for the first time, individuals convicted of serious crimes like murder, rape, kidnapping, and drug trafficking, according to U.S. government information.
Options for Cubans with Criminal Records Facing Deportation
What legal options do Cubans with old deportation orders have?
Cubans with older deportation orders may be eligible for legal waivers, depending on the type of offense and how much time has passed since it was committed.
Are all criminal records eligible for immigration waivers?
No, certain offenses, especially those related to drug trafficking, do not qualify for immigration waivers. However, marijuana convictions might be treated differently.
What is required to reopen a deportation case?
To reopen a deportation case, it is crucial to demonstrate that the required time has passed without further criminal activity. The decision to reopen is discretionary and depends on several legal factors.