The Most Challenging States for Detained Immigrants in the U.S., According to a Cuban-American Lawyer

According to Cuban-American attorney Wilfredo Allen, being detained as an immigrant in Louisiana and Texas poses significant dangers. During a weekly immigration analysis show hosted by Tania Costa, Allen highlighted that these states fall under the Fifth Circuit Court of Appeals, recognized as the most conservative and restrictive court in the nation regarding immigration matters.

This warning comes in the wake of a recent ruling by the same court. On October 23, in the case of Sosnava Rodríguez v. Vergara, the Fifth Circuit overturned lower court decisions that had granted habeas corpus and individual bond hearings to detained immigrants. The ruling, passed with a 10 to 7 vote, determined that certain immigrants who entered without formal inspection lack an automatic constitutional right to bond hearings during deportation proceedings.

"The Fifth Circuit is the most conservative circuit and has issued the most anti-immigrant federal orders," Allen stated, adding, "It is extremely difficult for someone detained within the Fifth Circuit, primarily in Louisiana and Texas where most immigration jails are, to secure release without winning asylum."

Challenges in Seeking Legal Recourse

Allen explained that the recent ruling essentially denies detainees the ability to file habeas corpus in this jurisdiction, removing one of the key legal tools to seek release during immigration processes.

The contrast with other jurisdictions is stark. In the same week, Allen successfully secured residency for a Cuban detainee without a criminal record in Iowa—a conservative district as well. "The individual was granted residency and is headed home this week," he noted.

Implications of Detainee Transfers

This warning gains particular importance in light of documented transfers of detainees from the Krome Detention Center in Miami-Dade to facilities in Louisiana and Texas. Allen clarified that such practices are not new. "Since detentions began, immigration officials have been relocating individuals," he recounted, sharing a personal story from over two decades ago. A client of his, detained at Krome, faced death threats, and instead of moving the aggressor, authorities relocated the client to Buffalo, New York.

Allen attributed the current transfers to multiple factors: greater private prison capacity in these states—Texas housed 16,237 ICE detainees in 27 facilities, and Louisiana 7,579 in 11 centers, based on August 2026 data—more restrictive immigration laws in this jurisdiction, and logistical challenges in litigating from these courts. He mentioned having lunch with a retired senior official from the Department of Homeland Security, who confirmed the long-standing practice of transferring detainees across states.

Consequences of Deportations

Framing the episode is the deportation of 69 Cubans—64 men and five women—to the Central African Republic on a flight departing from Alexandria, Louisiana, on October 21. The deportees traveled handcuffed or shackled for approximately 50 hours, with layovers in Senegal, Equatorial Guinea, and Burundi, unaware of their destination until airborne. Upon arrival in Bangui, they lacked immigration documents and work authorization, and were temporarily accommodated by UN personnel in a country classified as Level 4 ("do not travel") by the State Department due to armed conflict.

Regarding the possibility of returning to the United States, Allen was forthright: "Returning to the U.S. after receiving a final deportation order, even if non-criminal, is extremely challenging."

If you have family or acquaintances detained in the U.S., staying informed about their rights can make a significant difference. Keep up with all immigration news in our U.S. Immigration section.