Immigration attorney Lisette Sánchez has issued a stark warning to the migrant community following the arrest of a Cuban man at an Immigration and Customs Enforcement (ICE) office in Tampa, Florida. Despite having a removal order halted by a judge, the man was still detained.
"My client, for whom we fought a significant case last year and won a withholding of deportation in Immigration Court, was taken into custody today," Sánchez shared, visibly distraught after leaving the federal facility.
Legal Complications Despite Protection
The incident has sparked concern among immigrants in similar legal situations, particularly those from Cuba. The concept of withholding of removal is intended to prevent individuals from being sent back to their home countries if they can prove they would face persecution. However, Sánchez warned that this does not equate to full freedom or immunity from other legal challenges.
"If you have a withholding of removal, you must consult with your attorney before attending any supervision appointments, as you might be detained and need to be prepared," she emphasized.
Stricter Conditions for Undocumented Immigrants
"Things are extremely challenging right now. Regardless of your nationality, if you have a deportation order, they might attempt to send you even to a third country," Sánchez cautioned. In her client's case, authorities are contemplating sending him to Mexico, despite it not being his country of origin.
"We don't know what will happen or where they will send him," the lawyer stated, adding that these practices are occurring even during routine immigration check-ins. "The officer informed me today that they plan to detain people during supervision appointments and attempt to deport them," she added.
Legal Advice and Civic Engagement
Given the current scenario, Sánchez stressed the importance of legal counsel and cautious action. "If you have a withholding of removal and any possibility to adjust your status, seek legal advice. If not, you need a backup plan," she advised.
Sánchez also criticized the existing immigration system, arguing that recent decisions contradict previous judicial rulings. "It's unjust not to give someone a chance to defend themselves when a judge has already ruled they can stay in the country," she asserted.
Her remarks concluded with a call to civic action. "If you're a U.S. citizen, consider the upcoming elections to ensure fair regulation and law enforcement," she urged.
This case highlights the uncertainty faced by thousands of immigrants under supervision orders in the U.S., even those who have received some form of legal protection, as exemplified by this Cuban man's situation. The fear of sudden detention has become an increasing reality for many.
Understanding Withholding of Removal
Withholding of removal is not a permanent immigration status, nor does it offer a path to permanent residency or protect the recipient from ICE detention. The Cuban individual was apprehended while fulfilling his requirement to report to immigration authorities.
ICE retains the discretion to detain and process the deportation of individuals with this protection, especially under the current administration's policies.
According to data from the American Immigration Council, community arrests surged by 600% in 2025, reflecting a significant tightening of national immigration law enforcement.
This trend is partly due to ICE's directive to review cases of individuals under non-detained supervision, aiming to identify candidates for re-arrest and deportation, including those with temporary protections like withholding of removal.
Deportations of Cubans have escalated recently, with three flights carrying 403 Cubans back to Cuba, showcasing the extent of ongoing removal operations.
The attorney urged her followers to consult with legal professionals before attending any ICE appointments, warning that even those who comply with their reporting obligations might be detained without notice in the current immigration climate.
Key Concerns for Immigrants with Withholding of Removal
What is withholding of removal?
Withholding of removal is a protection granted to prevent deportation to a home country where the individual might face persecution. However, it does not provide a path to permanent residency nor total immunity from detention by ICE.
Why was the Cuban man detained despite legal protection?
The Cuban man was detained while reporting for a supervision appointment, illustrating that even with legal protection such as withholding of removal, ICE holds the discretion to arrest and further process individuals for deportation.
How should immigrants with withholding of removal prepare for ICE appointments?
Immigrants with withholding of removal should always consult with their attorney before attending ICE appointments to be prepared for any potential detention or legal complications.