Can the 69 Cubans Deported to Africa Return to the U.S.? An Attorney Weighs In

On Monday, immigration attorney Wilfredo "Willy" Allen examined the realistic chances that the 69 Cubans, who were sent back to the Central African Republic last week, have of making their way back to the United States. According to Allen, the possibilities vary significantly based on the individual circumstances of each person within the U.S. immigration system at the time they were transported to Bangui.

The group, which included 64 men and five women, departed on October 21 from Alexandria, Louisiana, on what is considered the largest deportation flight to a third country so far. Journalist Tania Costa highlighted during an interview that many of these individuals have no criminal records, noting, "Their only crime was entering the United States illegally."

Allen categorized the deportees into three distinct groups, each facing different prospects.

The first group consists of those who were expelled due to criminal backgrounds. Allen stated, "Those with criminal convictions who have been deported for their criminal offenses will not return," though he emphasized that these cases are a minority within the group.

The second category involves individuals who exhausted all avenues within the asylum system, having received denials from both immigration judges and the Board of Immigration Appeals (BIA). Although their situation appears bleak, it's not entirely hopeless. Allen mentioned that if future courts recognize the I-220A form as equivalent to the parole required by the Cuban Adjustment Act, some might attempt to reopen their cases from abroad.

The third category, which offers the most hopeful prospects, includes those deported without a final decision. "These individuals have the best chance of returning through the Federal Courts," Allen assured.

Tania Costa noted that at least one or two members of the aforementioned group were in this situation, including one case where a habeas corpus petition was filed but remained unanswered before deportation. "That's tragic," Allen remarked, while acknowledging that the person "has a chance" if their deportation order wasn't conclusive.

Additional complications arise from jurisdictional issues. The flight originated from Louisiana, part of the Fifth Federal Circuit, which recently issued a ruling, blocking most habeas corpus petitions in the area. "The Fifth Circuit is the most conservative and has issued the most anti-immigrant federal orders, with a new one last week," Allen warned.

Conditions in Bangui remain dire. The deportees arrived shackled and undocumented, lacking legal status or work permits, and are housed in facilities with basic support from UN agencies. A Cuban deportee from August, Yasmany Moreno de Armas, spoke via video about the extreme hardships they face, stating, "We have malaria and no medicine."

Allen summed up the situation by saying, "I think it's tragic. Those who had I-220A, if they don't have final deportation orders, might return," but he made it clear that any path back to the U.S. would be long and uncertain.

This case underscores the complexity of the U.S. immigration system. Stay updated on this and other immigration stories in our U.S. Immigration section.