Immigration attorney Willy Allen III issued a stark warning on CiberCuba's immigration program, highlighting the significant dangers a deported Cuban faces when attempting to re-enter the United States. The process is fraught with challenges, regardless of the scenario.
“It's not straightforward. If someone has been deported and attempts to return through the border, it's highly likely that an agent will catch and deport them again. They'll be detained and deported once more,” Allen explained during an interview with Tania Costa.
The attorney further elaborated that even if a deportee manages to cross without immediate detection, their situation remains precarious: they would enter with a Form I-220B—an Order of Supervision issued by ICE for individuals under active deportation proceedings—and would be required to report to immigration authorities.
“If they are allowed entry, they come in with an I-220B and must present themselves to ICE with it. ICE can then choose to detain and deport them or not,” Allen clarified, emphasizing that returning does not guarantee any legal stability.
The only feasible route Allen identifies is through legal error: if the original deportation was unlawful or incorrect, there’s a possibility to file a habeas corpus in a federal court to demand re-entry.
There is a recent documented case illustrating this scenario. Alejandro Ramírez Díaz was deported to Cuba on March 19, despite lacking a final deportation order, not signing a voluntary departure, and having a pending appeal and habeas corpus.
His attorney, Gladys Carredeguas, was adamant: “There was no legal basis to deport him to Cuba; he never signed a deportation.”
The legal team filed an emergency habeas corpus, and a federal judge ordered that the deportation be halted. However, the Department of Homeland Security disregarded the order and executed the deportation regardless.
Due to this defiance, the judge ordered the U.S. government to bring Ramírez Díaz back from Cuba, cover all travel expenses, and grant him immigration parole. After 41 days on the island, the Cuban returned to the United States.
A similar incident occurred on May 1, when another Cuban deported in defiance of a court order had a federal judge mandate his return with parole.
These cases are unfolding amid a wave of mass deportations of Cubans under the Trump administration. It's estimated that at least 1,370 deportations on direct flights to Havana were organized in 2025, with over 530 in the early months of 2026.
In the same program, Allen also discussed the status of CBP-1 parole following a recent judge's ruling: “Technically, the parole remains in place, but as we know, case-by-case, person-by-person letters are being sent out, revoking paroles.”
The attorney, who has closely monitored the legal battles surrounding the I-220A status, expressed cautious optimism about the direction of these litigations.
“Step by step, we're dismantling and undermining the government's argument. Battle after battle, we're slowly winning,” he remarked.
Key Questions on Cuban Deportation and Re-entry
What is Form I-220B in the context of deportation?
Form I-220B is an Order of Supervision issued by ICE for individuals under active deportation proceedings, requiring them to report to immigration authorities.
Can a deported Cuban legally return to the U.S.?
Returning legally is challenging and often requires proving the original deportation was unlawful or incorrect, potentially through a habeas corpus petition in a federal court.
What actions have been taken in cases of wrongful deportation?
In cases of wrongful deportation, emergency habeas corpus petitions can be filed, leading to federal court orders for the individual's return and granting of immigration parole.