Cuban Nationals Held by ICE: Choosing Voluntary Departure or Continuing the Fight?

The psychological strain of spending months in a detention center has led some Cuban immigrants to contemplate abandoning their immigration cases and opting for voluntary departure. However, John Dutton, an attorney at John Dutton Law PLLC in Houston, Texas, warns that such a decision comes with serious repercussions, including the uncertainty of returning to the United States.

In a conversation with Tania Costa for CiberCuba, Dutton detailed the situation faced by his firm’s Cuban clients detained by Immigration and Customs Enforcement (ICE). "We have clients from all walks of life," he noted, emphasizing that only "a few" have chosen voluntary departure.

Among Dutton's clients is a specific group of Cubans who entered the U.S. in 2022 with 60-day humanitarian paroles, mostly without assigned court dates, and had initiated their processes with U.S. Citizenship and Immigration Services (USCIS). Although their Notices to Appear were marked in the second box—granting jurisdiction to judges—they were detained by ICE and subsequently had their residency applications denied in court.

Legal Challenges and Small Victories

Dutton highlighted three particular cases from this group. Exhaustion led one individual to give up. "One decided not to fight anymore and wanted to leave. We withdrew the appeal a few days ago." The other two cases remain active, with one recently winning a significant victory in front of the Board of Immigration Appeals (BIA): "We received notification from the BIA that the case was reopened because the judge had no legal basis to deny this Cuban's adjustment. We are headed back to court now."

The attorney also shared positive news: his team recently secured the release of a Cuban client who had been detained since February in Laredo, South Texas. "I had almost lost hope, but the federal judge ordered his immediate release," Dutton recounted.

Risks of Voluntary Departure

Despite some attorneys recommending voluntary departure to avoid formal deportation, believing it eases reentry, Dutton disagrees: "It's not that simple." Even those with pending family petitions will need to apply for waivers and undergo a consular process to return. "I don’t have much faith in it. While the legal path exists, it may work for some, but I definitely don’t think returning will be easy," he asserted.

This caution is particularly pertinent as there are documented cases of Cuba refusing entry to nationals who had opted for voluntary departure from the U.S., illustrating that even leaving the country is not guaranteed.

Complex Legal Context

Other attorneys have also publicly advised that Cubans with I-220A should never accept voluntary departure, echoing Dutton's stance.

The legal backdrop is intricate: the 11th Circuit Court of Appeals overturned previous BIA decisions in February 2026 and sent cases involving Cubans with I-220A back for review, without declaring automatic eligibility for residency. Meanwhile, ICE increased its detention of Cuban migrants by 463% between October 2024 and April 2026, heightening pressure on those with active cases.

"Not everyone reacts the same way to the pressure of waiting for a process," Dutton acknowledged, yet he insisted that the law supports his clients: "The law is singular and on our side."

The choices made by Cubans detained by ICE could forever impact their future in the United States. Stay informed about this and related topics in our U.S. Immigration section.