Willy Allen: "A Glimmer of Hope for Cubans with I-220A"

Immigration attorney Wilfredo "Willy" Allen delivered a message of optimism this Monday to the hundreds of thousands of Cuban immigrants holding the I-220A form. Despite ongoing uncertainty, he emphasized that active lawsuits in federal courts present a tangible possibility for a favorable outcome.

"The tunnel is vast and shadowy, but given the lawsuits and pending decisions, I see a light—not immediate, but a definitive light at the end of the I-220A tunnel. I’d say with the Federal Courts, we're closer than ever," Allen expressed in an interview with journalist Tania Costa.

Allen’s words came in response to pleas for encouragement from an audience that described their future as "very bleak" following months of waiting for a decisive resolution regarding their immigration status in the United States.

This message follows the deportation of 69 Cubans to Bangui, the capital of the Central African Republic, on a flight that departed on October 21 from Alexandria, Louisiana. Among those deported, several claimed to have had I-220A, valid work permits, and pending asylum applications at the time of their removal.

In this climate of distress, Allen has emphasized the need to differentiate the various legal circumstances of those deported. Individuals with criminal records lack the possibility of return; those who received a final asylum denial face a "nearly impossible, but not entirely hopeless" path; and those expelled without a final deportation hearing—including cases with pending habeas corpus—have "the best chance to return through the Federal Courts."

The attorney’s optimism is bolstered by progress in the class-action lawsuit Bello-Rubio v. Noem, filed by nearly a thousand Cubans with I-220A in the Southern District of Florida. This litigation, overseen by Judge Jacqueline Becerra, seeks to have the court recognize that release on I-220A is legally equivalent to parole, a crucial requirement to apply for residency under the Cuban Adjustment Act of 1966.

On October 23, the plaintiffs opposed the government's motion to dismiss the case, which had been filed earlier that month on October 9. The administration's deadline to respond is October 30, although this does not necessarily mean an immediate judicial decision.

The legal debate centers on whether the I-220A—a release on recognizance issued by Immigration and Customs Enforcement (ICE)—can be equated with the humanitarian parole required by Cuban immigration law. The Trump administration argues it cannot; the plaintiffs and their attorneys contend otherwise. Allen cites data suggesting between 400,000 and 500,000 Cubans in the United States hold this document.

Immigration judges in Orlando, New Orleans, and San Antonio have granted residency to Cubans with I-220A, but the government has appealed these rulings, leaving them in limbo since July 2026, according to reports on the case’s progress.

Allen had previously warned in September that the journey for those with I-220A would be protracted. "I believe we will win the battle, but it is impossible to say how much longer it will take." However, this Monday, he chose to highlight the progress: "We are closer than ever."

The situation concerning Cubans with I-220A is just one of the numerous immigration challenges ongoing in the U.S. Stay updated with all changes and developments in our U.S. Immigration section.