Immigration attorney Patricia Hernández recently informed Univision of the substantial risk facing Cubans who entered the United States via humanitarian parole and CBP ONE, especially those who have been in the country for less than two years. These individuals are particularly vulnerable to deportation under the Trump Administration's policies.
The risk is most acute for those who entered with parole, have an expired status, and have not filed any immigration applications. "There's a significant chance these individuals could be deported," Hernández emphasized, urging them to seek legal advice and stay informed. She also warned, "Remember, notaries are not lawyers here in the United States."
During an interview with journalist Javier Díaz, Hernández explained a new memo released on January 23 that allows the Department of Homeland Security to revoke active paroles. She clarified that those who have entered the U.S. with parole, applied for residency, and already received a green card, or those who are citizens, do not need to worry. Even those awaiting their green card after applying for residency are not at risk.
For those in this situation with a current work permit under parole, Hernández advises applying for a work permit under the Cuban Adjustment Act to maintain a valid work authorization and avoid legal issues. "This memo will mostly impact Cubans who arrived just five or six months ago and haven't completed a year and a day in the country. They are solely under humanitarian parole without any pending immigration applications," she added.
Concerning Cubans with an I-220 B, interpreted as a deportation order, Hernández pointed out they are also at risk. "Individuals with a deportation order can be deported at any time by Immigration, as no further process is needed. They were already deported and can be put on a plane back to their countries," she explained.
When asked about Cubans with an I-220 A who have applied under the Cuban Adjustment Act or have an active case, Hernández mentioned they also face deportation risks. The January 23 memo suggests that, even with a pending case in Immigration Court, the aim is to cancel, close the case, and expedite removal.
Regarding the enforcement of the memo across states, Hernández noted that although President Trump issued an executive order, agencies like ICE and the Border Patrol must interpret it and create additional memorandums with instructions for officers. "It will take time, and they need resources. It's uncertain if Congress will allocate more resources to enforce Trump's order," she said.
Univision also queried Hernández about the possibility of a District judge halting Trump's deportation memo, as has happened with birthright citizenship issues. She believes it's possible. "There are expected lawsuits against this memo and Trump's executive order that led to it. The judge handling the case could issue an order temporarily halting the memo while the executive order is litigated," she stated.
Upon entering the White House, President Donald Trump empowered the Immigration and Customs Enforcement (ICE) to expedite the deportation of immigrants arriving through humanitarian parole and CBP One programs, initiated during Joe Biden's administration.
In alignment with Hernández, immigration lawyer Willy Allen assures that Cubans who arrived via humanitarian parole and are in the process of adjusting their status should not be overly concerned due to the protection provided by the Adjustment Act. This also applies to those with I-220 A who have filed for political asylum.
Over 42,000 Cubans have deportation orders in the U.S., yet the Díaz-Canel regime refuses to accept them back, according to ICE data obtained by Fox News. Last September, a spokesperson for the Department of Homeland Security (DHS) warned that immigrants from Cuba, Haiti, Nicaragua, and Venezuela who entered under the humanitarian parole program have only two years to regularize their status, or they will face deportation. Currently, they are the most likely to be sent back to their countries of origin.
Understanding the Impact of Trump's Immigration Policies on Cubans
Who is most at risk of deportation under Trump's new policies?
Cubans who entered the U.S. under humanitarian parole or CBP ONE and have been in the country for less than two years are most at risk, especially if they have expired parole and no immigration applications filed.
Are Cubans with a green card or citizenship affected by these policies?
No, Cubans who have already obtained a green card or citizenship are not affected by these policies and do not need to worry about deportation.
How can Cubans protect themselves against these deportation risks?
Cubans at risk should seek legal guidance and apply for work permits under the Cuban Adjustment Act to ensure they have valid authorization and avoid complications with authorities.