Willy Allen III on Passport Revocation: "It's Not the Same as Losing Citizenship"

On Friday, Cuban-American attorney Willy Allen III clarified a crucial legal distinction regarding the recent U.S. government policy that revokes passports from parents with child support debts during his weekly program on CiberCuba. "Revoking a passport does not equate to revoking citizenship. It merely removes the right to travel internationally," he explained.

This policy, initiated by the Trump Administration on Friday, is legally grounded in a 1996 law signed by President Bill Clinton. Initially, it impacts around 2,700 passport holders with debts of $100,000 or more, with plans to extend to those owing $2,500 or more, potentially affecting thousands of additional individuals.

A regular contributor to CiberCuba, Allen III, expressed full support for the policy, stating, "If someone can afford to travel domestically or internationally for vacations, they can afford to pay child support."

The attorney emphasized that the revocation does not alter a person's citizenship or immigration status. "It does not remove citizenship, nor does it change status. It's simply a penalty for failing to pay child support," he stated.

The Practical Implications of Passport Revocation

Regarding the practical outcomes, Allen III clarified that individuals with revoked passports cannot apply for a new one until their debt is settled. "Your passport will be revoked, and you can't apply for a new one until your debts are paid," he highlighted.

When asked about the scenario where someone is abroad—such as in Cuba—when the revocation occurs, Allen III explained that the measure would take effect upon their return to the United States. He noted that individuals could obtain an emergency document from embassies or consulates to return home.

A common question within the Cuban community is whether the U.S. government can know if someone has children in Cuba. Allen III was straightforward. "The United States can only enforce its laws on individuals within the country."

However, he specified that if there is a formal child support order registered in the U.S., the government will have access to that information through coordination between the Department of State and the Department of Health and Human Services. "If someone abandoned their child in the U.S. and owes child support, our government will know and revoke their passport," he affirmed.

Legal Developments and Immigration Challenges

The young attorney, son of the esteemed Cuban-American lawyer Willy Allen, also addressed a recent court decision regarding bail rights for immigration detainees who entered without inspection. He noted that he had not yet reviewed the full decision.

Allen III pointed out that the ruling creates a discrepancy with the legal argument of I-220A form holders. "The argument for I-220A is that they were inspected and admitted into the country, not that they were not inspected. This inconsistency adds more confusion to the government's arguments," he explained. Over 300,000 Cubans are in the I-220A situation.

At the start of the program, Willy Allen III celebrated the success of attorney Liudmila Marcelo, who secured residency for an I-220A case in an Orlando court.

In relation to this issue, the attorney mentioned that a judge in El Paso is also granting residencies under the same argument. While the government may appeal these decisions, he described the situation optimistically: "We are gradually dismantling and destroying the government's argument. Battle by battle, we are slowly winning," he concluded.