Jean Marcell Pérez García, a Cuban national who has lived in the United States for over two decades, was taken into custody by U.S. Immigration and Customs Enforcement (ICE) on Friday. This arrest comes despite a previous court order for his release, as announced by ICE ERO Miami.
Authorities have labeled Pérez García as an undocumented immigrant with a criminal record that includes drug trafficking, cocaine sales, fraud, resisting arrest, and theft. He remains in ICE custody pending deportation, although he was previously arrested and released following a judge's directive.
The Legal Battle Behind the Case
The legal complexities surrounding Pérez García's immigration status have been long-standing. In June, U.S. District Judge John E. Steele, from the Middle District of Florida, granted him a habeas corpus petition. The judge ordered his release within 24 hours, citing that his detention had exceeded six months without a viable deportation prospect.
The court highlighted that ICE failed to prove that Cuba or any other country was willing to accept Pérez García or that there were confirmed travel documents to facilitate his removal.
Re-arrest and Detention Conditions
Despite the court's decision, ICE re-arrested Pérez García, as reported on Friday. Having arrived in the U.S. in 2003, he has spent over 20 years in the country, accumulating convictions for drug offenses and insurance fraud.
Currently, Pérez García is held at the temporary detention facility in Florida's Everglades, colloquially known as "Alligator Alcatraz." This center, operated jointly by state and federal authorities, is slated for permanent closure in June 2026, as announced by Governor Ron DeSantis. Notably, Pérez García's judicial documents reference his detention at the "Warden of Florida Soft Side South," indicating his past confinement there.
Challenges in Deporting Cubans
This case highlights the recurring issues ICE faces in deporting Cubans. The island nation often refuses to accept its nationals, leading to prolonged detentions that courts have sometimes ruled unconstitutional.
In 2026, several Cubans with longstanding deportation orders were arrested and then released by court order, only to be re-arrested by ICE shortly thereafter. In recent months, similar cases have emerged, including one Cuban detained for over a year after Cuba refused his return, and another arrested 16 years post a Miami court ruling.
A 2026 report from the Department of Homeland Security's Inspector General detailed inhumane conditions at Alligator Alcatraz. It noted that 79 detainees were crammed into metal cages approximately 18 square feet in size, with issues such as overcrowding, contaminated water, insect-infested showers, and inadequate medical care.
For now, Pérez García remains in federal custody as ICE endeavors to finalize his deportation to Cuba, a process that may encounter additional legal and diplomatic hurdles given the case's history.
The detention of Cubans with deportation orders is part of an increasing trend in the U.S. Stay updated with all the developments in our Immigration in the U.S. section.
Understanding ICE's Challenges with Cuban Deportations
Why was Jean Marcell Pérez García re-arrested by ICE?
Despite a court order for his release, ICE re-arrested Pérez García due to his criminal record and ongoing deportation order, as they continue to attempt to deport him to Cuba.
What are the conditions like at the Alligator Alcatraz detention facility?
The facility has been reported to have severe issues, including overcrowding, contaminated water, and inadequate medical care, as highlighted in a 2026 inspector general report.
What challenges does ICE face in deporting Cubans?
ICE often struggles to deport Cubans because the Cuban government frequently refuses to accept deported nationals, leading to extended detentions deemed unconstitutional by some courts.