The presence of your family in Cuba, if they have not faced persecution, could potentially be used as an argument against your asylum application in the United States. This warning comes from immigration attorney Willy Allen during a discussion with Tania Costa for CiberCuba, where he delves into how a 1998 legal precedent is increasingly being used to undermine requests for international protection.
The Impact of Matter of A-E-M- on Asylum Cases
The precedent at the center of this issue is Matter of A-E-M-, a decision by the Board of Immigration Appeals (BIA) which states that a fear of persecution is deemed less credible when close family members remain in the home country without harm. According to Allen, while the rule is not new, its application is currently more stringent. "It's always been there, it's always been a point to review," Allen explained, noting that the key is to demonstrate that the applicant's risk profile is different from that of their relatives.
Allen summarized the core argument that asylum seekers face: "If you're seeking political asylum from Colombia, Venezuela, China, Cuba, and your family continues to live there without facing persecution, that can always be used against you. It raises the question: how severe was your persecution if your family is still residing there?"
Strategic Approaches to Asylum Applications
Allen advises that a defensive strategy should involve legally distinguishing the applicant's situation from that of their family. He provided two specific examples: a Cuban persecuted due to sexual orientation has circumstances not shared by a heterosexual family, and a political activist who actively opposed the regime differs from family members who never engaged in politics. "There's always a way to separate it to achieve what you're seeking," Allen asserted.
The Broader Political Climate
This argument is particularly significant against the backdrop of stringent immigration policies. Allen noted that the administration under Trump denied 94% of asylum applications in recent months, a figure supported by TRAC/Syracuse data, which reported a 94.1% denial rate in June 2026. Additionally, 250,000 visas were revoked, and there was a 75% decrease in naturalizations.
"When you see a government reducing naturalizations by 75%, denying 94% of asylums, and revoking 250,000 visas, it reveals an anti-immigrant stance aiming to deny asylum," Allen emphasized.
Challenges Specific to Cuban Asylum Seekers
The situation is particularly challenging for Cuban applicants. The asylum approval rate for Cuban applicants fell to 7% in April 2026, and in June, more than 1,600 deportation orders were issued against Cubans, with approximately 42,000 final orders pending execution.
Adding to the complexity is a new BIA precedent, Matter of G-R-B-, issued on October 1, allowing judges to dismiss asylum requests without a prior motion from the Department of Homeland Security if the facts do not support initial eligibility.
Journalist Tania Costa, who hosts a weekly program with Allen on CiberCuba, highlighted the misconception that all family members share the same political views as the asylum seeker. "Some families have Christmas dinners that turn into battles when politics are discussed," she noted, emphasizing that family unity does not imply political alignment with the Cuban regime nor an absence of risk for the applicant.
Allen was candid about the implications: "At this moment, when judges are denying 94% of asylums, it makes everything a bit more difficult."
For ongoing updates on asylum processes, deportations, and immigration affairs in the U.S., stay tuned to the latest coverage from CiberCuba.
The Role of Family in U.S. Asylum Applications
How can family in Cuba impact my U.S. asylum case?
If your family remains in Cuba without facing persecution, it may be used as an argument to question the validity of your fear of persecution, potentially weakening your asylum claim.
What is the Matter of A-E-M-?
Matter of A-E-M- is a BIA decision that suggests a fear of persecution is less credible if close relatives remain in the home country unharmed. This precedent is increasingly used in asylum cases.
What strategies can asylum seekers use to strengthen their applications?
Applicants can legally differentiate their circumstances from those of their family, demonstrating a unique risk profile that warrants asylum protection.
Why is the current political climate challenging for asylum seekers?
The administration's anti-immigrant policies have led to high denial rates of asylum applications, visa revocations, and decreased naturalizations, making it tougher for applicants to succeed.