Yaima de las Mercedes Suárez, a Cuban mother of five, including three children with autism, was detained by ICE at Miami International Airport upon her return from Cuba. As a permanent U.S. resident, she now faces potential deportation due to a criminal record from over a decade ago.
The trip was solely for family reasons: to introduce her grandmother to her granddaughter and to pay respects at her father's grave, whom she couldn't bid farewell before he passed.
Her husband, Yankiel Suárez, expressed that they did not foresee any issues. "My wife traveled to Cuba thinking everything was fine because she had even renewed her residency," he told Noticias 23 in Miami.
The arrest stemmed from a criminal record dating back to July 2013. At 21, and pregnant, Yaima was charged with fuel theft in Manatee County, Florida, alongside four others, facing conspiracy and theft charges.
Her family states she pleaded guilty to avoid giving birth behind bars as she was about to deliver her eldest daughter.
Journalist Javier Díaz noted that Yaima has since maintained a clean criminal record. "Her criminal history remained clear until this year, but her attorney insists she should not have left the country without legal advice," he explained. They are now pursuing various legal strategies to prevent her deportation.
"We are focusing on requesting bail, arguing she is not subject to mandatory detention," the attorney explained.
The legal team is also considering a habeas corpus petition as an alternative means to challenge the legality of her detention before a federal judge.
One significant legal obstacle is that Yaima hasn't accrued enough residency years to apply for cancellation of removal.
"Unfortunately, she hasn't yet reached the 15-year mark. If she had, we could seek a pardon," her lawyer lamented.
Under the Immigration and Nationality Act, permanent residents with convictions for offenses like theft and conspiracy may be deemed deportable upon re-entry to the U.S., as each entry is considered a new admission application.
This means past criminal records, long dormant, can become grounds for action upon re-entry, even if the individual has renewed their residency card.
Yaima's situation reflects the heightened immigration enforcement under the Trump administration, which has ramped up airport scrutiny and prioritized the detention of permanent residents with criminal records, even those from years ago.
Moreover, Cuba has been on ICE's list of non-cooperative countries since December 2024, increasing the scrutiny on those returning from the island.
Javier Díaz warned that Yaima's case is not unique. More permanent residents have been detained after leaving the country and being arrested upon re-entry through an international airport or other entry points to the U.S.
Yankiel Suárez, now caring for their five young children, issued a caution to the community: "I advise everyone to be very careful and not to travel unless they are citizens."
Yaima is scheduled for a court hearing on April 6, and her immigration attorney remains hopeful that she will be granted bail and avoid deportation.
Legal Challenges for Cuban Residents in the U.S.
What led to Yaima de las Mercedes Suárez's arrest by ICE?
Yaima was arrested by ICE at Miami International Airport due to a criminal record from 2013 related to fuel theft, which has now become an issue upon her re-entry to the U.S.
Why is Yaima facing possible deportation?
Despite having a clean record for years, her past conviction can make her deportable under U.S. immigration laws that view each re-entry as a new admission, especially amidst stricter enforcement policies.
What legal options are available to prevent her deportation?
Her legal team is working to secure bail and exploring a habeas corpus petition to challenge her detention's legality, although she hasn't met the necessary residency duration for cancellation of removal.