A Cuban national, initially deported to Mexico as a "third country," managed to illegally re-enter the United States, spent five months in detention for illegal reentry, and was subsequently released through a habeas corpus petition. He argued that his original deportation was unlawful and that he was kidnapped and extorted while in Mexico.
This situation was reported by Raúl Hernández, another Cuban deportee to Mexico, who shares stories of fellow Cubans in similar predicaments via his Instagram account.
Hernández arrived in Mexico in August 2025 after spending about six months detained in Miami. Since then, he has been chronicling the experiences of other deported Cubans, amassing over 29,000 followers on Instagram.
He claimed that he personally welcomed the individual at the center of this story. "I picked this gentleman up personally at the ADO terminal here in downtown Cancún," he stated in a video, adding that he waited weeks to share the testimony to ensure its authenticity.
The Journey: Deportation, Return, and Imprisonment
After being deported to Mexico, the Cuban migrant quickly realized that Cancún did not offer what he hoped for. "Soon after arriving, he realized Cancún wasn't what he expected, and his entire life was in the United States, his family, so he decided to return no matter what," Hernández explained. The decision came at a steep price.
"He crossed the border illegally, paying thousands of dollars to return, but was still caught and spent several months detained for reentry, the charge for returning after deportation," Hernández detailed.
The Cuban spent five months in detention before being moved to immigration custody, where authorities attempted to deport him back to Mexico.
The Habeas Corpus That Changed His Situation
It was then that the man presented arguments deemed sufficient by a judge to order his release. "He argued that his deportation to Mexico was illegal and that he was kidnapped and extorted multiple times while there," Hernández narrated.
Additionally, the Cuban reported being assaulted during the deportation process. "Knowing that such things were happening at that time, the judge granted him a habeas corpus," Hernández noted.
Currently, the individual is in the United States under electronic monitoring. Hernández showed the device in the video but chose to protect the man's identity: "I won't show photos or reveal his name, even though I have that information. I don't want to expose him, but I assure you everything I'm saying is 100% true."
A Case Amidst a Broader Legal Crisis
This testimony is part of a broader legal debate over deportations to third countries. Between January 2025 and March 2026, the United States sent approximately 4,353 Cubans to Mexico—making them the largest national group among nearly 13,000 third-country nationals deported there—under an informal agreement with the Mexican government.
A federal judge deemed this policy illegal in February 2026 for lacking due process, a decision upheld by the Appeals Court in September. However, the Supreme Court temporarily suspended both rulings at the end of the month, allowing deportations to continue as it reviews the case in December.
Hernández warns that not everyone who attempted to return fared as well. "There are also people who have been deported here, returned to the United States, and are currently imprisoned for reentry, with some even facing deportation again," he cautioned.
Those who accept a second deportation do so "out of fear of being deported to Africa, or simply not wanting to spend more time in detention," he added.
A Human Rights Watch report indicates that none of the interviewed Cubans were given a fair chance to contest their transfer to Mexico, leaving many vulnerable to criminal groups' kidnappings and extortion.
The Trump administration has deported nearly 12,000 Cubans during its two terms, based on estimates from Immigration and Customs Enforcement data.
"Right now, we know these deportations are illegal, but the Supreme Court hasn't made a final decision," Hernández summarized.
This case is part of an ever-evolving migration landscape. Follow all developments on deportations, returns, and migrant rights in our U.S. Immigration section.
Key Questions About U.S. Deportations to Mexico
Why are some deportations to Mexico considered illegal?
These deportations are considered illegal because they lack due process, as determined by a federal judge. The policy was implemented without proper legal procedures to ensure the security and rights of those being deported.
What challenges do deported Cubans face in Mexico?
Deported Cubans in Mexico often face risks such as kidnappings and extortion by criminal groups, as well as challenges in accessing legal protections and supporting themselves financially.
How has the U.S. government responded to the deportation controversy?
The U.S. government has continued deportations under an informal agreement with Mexico, despite legal challenges. The Supreme Court is expected to review the legality of this practice.