Cubans Facing Deportation: Understanding the Risks and How to Protect Yourself

Receiving a final deportation order doesn't automatically mean you'll be on a plane the next day, nor does it guarantee a flight back to Cuba. Many Cubans living in the United States with deportation orders remain under the supervision of ICE (U.S. Immigration and Customs Enforcement). A growing concern among them is the possibility of being deported to a third country, a destination that isn't their homeland.

On September 29, the Supreme Court allowed the government to continue its policy of deporting individuals to third countries while it reviews the case in depth. A hearing is set for December 9.

In the meantime, the Department of Homeland Security (DHS) provides guidelines that play a crucial role: officials won't ask if you're afraid to go to that country. You'll need to express your fears proactively.

This guide, updated as of Sunday, October 25, explains how these deportations work, what's at stake with the Supreme Court, and what steps you can take to safeguard your situation.

The Difference Between a Deportation Order and Actual Removal

An immigration judge issuing a deportation order doesn't guarantee the government's ability to execute it. ICE requires a receiving country and generally travel documents to proceed with deportation. If these aren't secured within the legal timeframe, individuals often remain free under an order of supervision, the I-220B form.

The I-220B form, issued by ICE, indicates that deportation hasn't been executed within the required period. It mandates several obligations, including:

• Appearing in person whenever ICE requests.
• Notifying any change of address or employment 48 hours in advance.
• Staying within a specified geographic area unless otherwise approved.
• Collaborating with ICE to obtain necessary travel documents.
• Complying with the Alternatives to Detention program if enrolled, which may involve electronic monitoring.

Essentially, the deportation order remains active. However, the policy regarding third countries means ICE can proceed without needing Cuba's acceptance.

What Is Third-Country Deportation?

Third-country deportation involves sending someone to a nation other than their own. This isn't a new legal concept. According to Section 1240.10 of the Code of Federal Regulations, immigration judges must identify alternative countries in case the designated nation doesn't accept the individual or fails to respond promptly. These alternatives don't require prior acceptance.

What changed in 2025 is the broader application of this policy, affecting individuals whose deportation orders were issued years ago. For instance, there was a case of a Cuban deported to Mexico after living in the U.S. for 55 years.

DHS Guidelines on Third-Country Deportations

The current rules are outlined in the DHS guide dated March 30, 2025, regarding deportations to third countries. This guidance is detailed in the First Circuit Court of Appeals' decision on September 18. In brief:

• With diplomatic assurances: If the destination country assures the individual won't face persecution or torture, and the State Department deems these assurances credible, deportation can proceed without further procedures.
• Without assurances: DHS informs the person of the destination country.
• Expressing fear is crucial: Officials won't ask if you're afraid of going to that country. Only those who voice their concerns may receive a fear interview with USCIS (U.S. Citizenship and Immigration Services).
• Short timelines: USCIS typically conducts the interview within 24 hours of referral and can do so remotely. A subsequent memorandum from July 9, 2025, states that ICE generally waits at least 24 hours after issuing the deportation notice before executing it.

If USCIS concludes the standards aren't met, deportation proceeds. Otherwise, the case may go to immigration court, or ICE might choose another country.

Legal Battles in the Courts and Supreme Court

This policy has been challenged in courts for over a year, notably in the D.V.D. case initiated in Massachusetts. Key developments include:

• April 18, 2025: A Massachusetts federal judge issued a preliminary injunction against these deportations.
• June 23, 2025: The Supreme Court lifted the injunction during ongoing litigation, with Justices Sotomayor, Kagan, and Jackson dissenting.
• February 25: The Massachusetts judge ruled these deportations illegal without proper notice or a real chance to claim fear.
• September 18: The First Circuit largely upheld this ruling, emphasizing the need for effective notice and an opportunity to claim fear before deportation to a third country.
• September 29: The Supreme Court stayed the Massachusetts ruling and agreed to review the case, with the same three justices opposing the stay.

Until the Supreme Court decides, the government may continue applying the guidelines. The First Circuit's decision currently offers no protection.

Steps to Take if ICE Plans to Send You to Another Country

While these suggestions don't replace legal advice, they reflect current procedures:

• Clearly and promptly express any fear you have. The guidelines don't require officials to inquire about your fears. State your concerns and reasons immediately.
• Request to speak with your attorney without delay. Timeframes are brief, often hours, not weeks. Keep your lawyer's contact information handy.
• Avoid signing anything you don't understand. Request an interpreter if needed.
• Prepare evidence in advance. Discuss any potential fears with your attorney before detention.
• If a family member is detained, use ICE's official detainee locator with their A-number and country of birth.

What to Do Now if You Have a Deportation Order

• Determine the status of your case using your A-number in the EOIR case status system.
• Fulfill all I-220B conditions. Missing appointments or moving without notice can lead to detention.
• Consult an attorney about potential options, such as reopening your case or seeking court protection. If your order resulted from missing court, review our guide on reopening cases with in absentia deportation orders.
• Develop a family plan. Leave copies of important documents and attorney contact information with a trusted individual, and decide who will manage your affairs if detained.
• Stay informed on legal developments. Other courts are also examining detentions following final orders. The Tenth Circuit has limited new ICE detentions, although this ruling doesn't apply in Florida.
• If your document is an I-220A, not an I-220B, your situation differs—refer to our guide on why the I-220A isn't a parole.

Legal Notice: This article provides general information for informational purposes only and doesn't constitute legal advice. U.S. immigration laws and policies frequently change. Consult a licensed immigration attorney or a DOJ-accredited representative for specific legal guidance.