With Donald Trump's promises to crack down on immigration and execute large-scale deportations if elected as president, there's rising concern about which groups should be most worried about these potential actions. Speaking to Univision's Daniel Benítez, journalist Wilfredo Allen shed light on who should be most concerned and specifically addressed the situation of Cubans within this massive migrant population.
Humanitarian Parole Concerns
Allen highlighted that those who entered the United States through the humanitarian parole program should be concerned, as Trump has clearly stated his intent to dismantle the program and threaten the deportation of its beneficiaries. "Humanitarian parole is essentially dead. Not entirely like Parole in Place, but it's still in jeopardy," he stated.
However, among the four nationalities affected—Haitians, Nicaraguans, Venezuelans, and Cubans—Allen assured that Cuban citizens need not worry, thanks to the Cuban Adjustment Act. "Cubans are not at risk because they can legalize their status after a year and a day under the Cuban Adjustment Act, which is a law passed by Congress, not an executive action. This law will remain in effect until Cuba holds free, transparent, and democratic elections," he explained. "All Cubans who came through humanitarian parole will be able to legalize without issue and should have no fear of deportation," he added.
Challenges for Other Nationalities
For the other three nationalities, Venezuelans currently have Temporary Protected Status (TPS), although Trump has also promised to eliminate this program, which could eventually prevent those with granted parole from adjusting their status through this route. The situation is more complicated for Nicaraguans and Haitians, who face a greater risk of deportation if they lose their asylum cases.
Nonetheless, Allen believes it's unrealistic to think the government can deport 200,000 Haitians who have been granted humanitarian parole. "Deporting such a large number of people won't be easy, but making their lives difficult is certainly possible: denying work permits, driver's licenses, and other means to burden their daily lives," Allen predicted, noting that many might prefer these challenges over returning to their home countries.
CBP One and Court Proceedings
Allen noted that those already in the United States are not as much of a concern, but it's a different story for those who haven't yet crossed the border via CBP One by the time Trump takes office. "Those inside don't worry me as much because they're in immigration courts and will fight for asylum; as long as they're prepared, file their asylum claims, and attend court, they won't have problems," he stated. "Cubans who entered through CBP One aren't a concern because they can legalize in a year and a day with the Cuban Adjustment Act," he emphasized, highlighting the significant advantage Cuban citizens have over migrants from other nationalities.
However, Allen noted that in Texas, many judges require migrants who entered via CBP One to present an asylum case and deport those who do not. He warned that as long as you have an open court case, you cannot be deported. "If you're in court proceedings to fight for your asylum or to obtain residency, whether through asylum or Cuban Adjustment Act, you are not at risk of deportation," he affirmed. Those in danger of deportation are those who have already been in court, lost their asylum cases, and are under supervision, or those who have a deportation order.
Final Thoughts on Cuban Migrants
According to Allen, the Cubans who should genuinely worry are those with a deportation order and those with a criminal record from countries that accept deportees. "If you're a criminal, they'll always deport you. If you've broken U.S. laws, expect deportation," he concluded. Regarding Cubans with an I-220A (Order of Release on Recognizance), the attorney recently expressed confidence that they will eventually be able to legalize and won't be expelled from the U.S.
In summary, the outlook is significantly more favorable for Cubans than for migrants of other nationalities, thanks to the protective shield of the Cuban Adjustment Act.