Immigration attorney Liudmila Marcelo has delivered a message of reassurance to Cubans residing in the United States under the I-220A form, who are facing apprehension about potential detentions. "This too shall pass. Let's trust that things will turn around and improve," she stated.
Marcelo shared these thoughts during an interview with Tania Costa on CiberCuba's immigration program. The conversation took place amid rising uncertainty following a U.S. Supreme Court decision that temporarily allowed deportations to third countries to resume while the court reviews their legality.
The Reality of Fear and Legal Representation
Acknowledging the fear among I-220A holders as both understandable and legitimate, Marcelo explained that there have been documented incidents of individuals being detained while performing everyday activities such as working, purchasing medicine, or grocery shopping. However, she emphasized that fear should not immobilize anyone.
"I don't want to suggest that the moment you step outside, someone will be waiting for you. I don't want to incite that kind of fear," Marcelo clarified, while also noting, "But I also don't want people to be afraid for no reason. Each person has their own fears, and it's not my place to judge them."
Continuing with Daily Life Amidst Uncertainty
Marcelo urged people to maintain their daily routines and not succumb to anxiety. "We have to work, pay bills, and continue surviving," she advised. She warned about the paralyzing effect of fear, stating, "If fear takes over our minds, we become petrified and accomplish nothing."
She encouraged anchoring hope in the essentials of life. "The worst thing in life, which truly has no solution, is death. So as long as you are alive and fighting your case, there is hope," Marcelo expressed.
Marcelo was clear about the importance of legal representation. She strongly advised against attending immigration court without a lawyer, especially for the final hearing. "I don't recommend anyone go unrepresented to their last court appearance. Why? Because it ensures you can file a well-prepared appeal if you lose the case," she explained.
She observed a trend in Miami courts, noting that judges are postponing hearings for those with legal representation, focusing instead on individuals who appear alone. "Even at the first hearing, those with attorneys are having their cases postponed, sparing them from unnecessary stress. Only those without lawyers are being seen," she cautioned.
For those unable to afford a lawyer from the start, Marcelo recommended hiring one at least six months before the final hearing.
The Complexities of the I-220A
The I-220A is a release order on one's own recognizance issued by ICE, allowing immigrants to remain free while deportation proceedings are ongoing. However, it does not equate to parole or grant permanent immigration status. According to estimates from El País, approximately 500,000 Cubans arrived in the United States between 2022 and 2024 with this document, placing them in a legal limbo that intensified during 2026.
A class-action lawsuit initially involving 992 Cubans with I-220A remained active in Miami without a definitive resolution as of October 13, while oral arguments before the Supreme Court concerning the legality of deportations to third countries are scheduled for December 9, 2026.
The I-220A situation is just one of many issues affecting Cubans in the United States. Stay informed about deportations, hearings, and your rights in our U.S. Immigration section.
Understanding the I-220A and Legal Rights
What is the I-220A form?
The I-220A is an order of release on one's own recognizance issued by ICE, allowing immigrants to remain free while their deportation proceedings are ongoing. It does not grant parole or permanent immigrant status.
Why is legal representation important for those with I-220A?
Having a lawyer is crucial because it increases the chances of a successful appeal if the case is lost. Courts are also more likely to postpone hearings for those represented by legal counsel, which can alleviate stress and provide a strategic advantage.
How has the legal situation for I-220A holders changed recently?
Recent changes include a U.S. Supreme Court decision allowing deportations to third countries to resume temporarily, creating uncertainty for I-220A holders. This has prompted legal challenges and increased the importance of staying informed and prepared.