A Cuban immigrant who entered the United States under humanitarian parole has been detained by ICE agents while working as an Uber driver, facing a dire legal predicament: the classification imposed on him denies him the right to bail. This case came to light on Monday through immigration attorney Wilfredo "Willy" Allen during his weekly program on CiberCuba with journalist Tania Costa.
"Just now, leaving my office, a Cuban gentleman who entered through humanitarian parole was driving for Uber, got pulled over because of his license plate, and is now detained," Allen recounted.
The man has been in the country for almost three years, having applied for residency under the Cuban Adjustment Act about two years ago. He never sought asylum, believing it was unnecessary, a decision that now blocks that avenue of protection for him.
ICE Classification Blocks Legal Avenues
The core issue is the category ICE has assigned him: "arriving alien." "They detained him and accuse him of being an arriving alien. This means that the immigration judge lacks jurisdiction over his case and cannot grant bail," Allen explained.
This classification, applied to Cubans who entered with parole on the grounds that their admission was temporary and conditional, leaves the detainee without the right to bail or supervised release.
Limited Options for Legal Defense
Allen's law firm is pursuing the only available option: pressuring USCIS to interview the man in jail and resolve his status adjustment request. "It's a slightly difficult process, but it's what we have to do now," admitted the attorney. "We don't have many alternatives other than to fight."
The case arises amid record-high arrest numbers by ICE, with over 50,000 detentions recorded in August 2026. As of the 6th of that month, only 31% of the more than 500,000 arrested had any criminal convictions.
Political Implications and Misinformation
This statistic is significant in light of weekend rumors: several media outlets reported that ICE had received internal instructions to halt arrests of individuals without criminal records. The Department of Homeland Security (DHS) publicly denied this, and President Trump confirmed to the press that there are no changes to immigration policy.
Allen was unequivocal: "I saw some comments that I knew were completely false because if you look at what this government has always said, what DHS has said, they are going to detain everyone."
The attorney described the reasoning behind this reality. "Statistically, more than 70% of the people they have detained have been individuals who don't even have a traffic ticket." If ICE were to exclude those without a criminal background, its weekly arrest quota would drop by 70%.
Allen dismissed the rumors as "a fairy tale for the November elections, to make it look like they are being more reasonable when they are not."
Challenges Facing Cuban Immigrants
The lawyer also warned about Cubans detained by ICE through other entry methods. "I can tell you now that they are detaining Cubans with CBP One and humanitarian parole, and it's sad. It's going to be even sadder and more difficult for them," he noted.
The increase in detentions of Cubans specifically has reached 463% since October 2024, a trend starkly illustrated by cases like that of the Uber driver: individuals without criminal records, with active legal procedures, who become targets precisely because they are easier to locate than criminals who hide.
"For them, anyone who is in the United States, who is not a resident and entered with a visa, crossed the border, is waiting for residency, is waiting for asylum, is equally illegal," Allen concluded.
This case highlights the risks faced by immigrants with parole under current ICE operations. Stay updated on the latest developments in U.S. Immigration to stay informed.
Understanding the Complexities of Cuban Immigrant Detentions
What is humanitarian parole?
Humanitarian parole is a temporary admission granted to individuals for urgent humanitarian reasons or significant public benefit. It allows entry into the U.S. for a limited time but does not provide permanent residency.
Why can't the detained Cuban driver get bail?
The Cuban driver is classified as an "arriving alien," a status that restricts the immigration judge's authority to grant bail, leaving him without the option for release.
What are the risks for Cuban immigrants under current ICE policies?
Cuban immigrants with parole face high risks of detention due to their classification, making them vulnerable to ICE operations, especially those without criminal backgrounds but with active legal processes.
How has the detention of Cuban immigrants changed recently?
The detention of Cuban immigrants has dramatically increased, with a 463% rise since October 2024, reflecting a broader strategy of targeting those easier to find rather than those with criminal records.