A federal judge in Maryland has ordered the resumption of Green Card applications for 83 plaintiffs, ruling that the indefinite suspension imposed by the Trump administration was unlawful.
This decision raises an immediate question for thousands of affected Cubans: does this ruling benefit them as well?
According to immigration attorney Liudmila Marcelo, the answer is straightforward. In an interview with CiberCuba, she explained, "It only benefits the 83 plaintiffs. It's an indication that there is no legal basis to maintain this pause, which we always knew, but now it's officially recognized."
The 39-page decision was delivered by Judge George L. Russell III of the Maryland District Court last Sunday. He determined that "USCIS does not have the discretion to not adjudicate cases at all" and "cannot hold them indefinitely without processing."
Marcelo noted that the government might appeal the decision but emphasized that it presents a concrete opportunity: "Someone who urgently needs their green card or citizenship can sue the government and potentially win that lawsuit."
However, she stressed that engaging in such legal action involves financial costs and does not guarantee success: "There are lawyers who handle these cases, but they always say results are not guaranteed, so it's always an economic decision if one wishes to participate." Those who do not partake will not benefit from the outcome.
Marcelo also plans to begin filing writs of mandamus—legal actions compelling USCIS to process stalled applications—in May, leveraging the judge's reasoning: "Now there is a judicial rationale that one can rely on to support such claims."
Previously, she avoided these actions to prevent giving the government a reason to invoke the pause. With the new ruling, that argument is no longer legally valid.
The impact of the suspension on Cubans has been severe. Green Card approvals for Cubans plummeted by 99.8%, from 10,984 in February 2025 to just 15 by January 2026.
The halt began on February 14, 2025, when USCIS froze residency processes for CHNV program beneficiaries, expanding it in December 2025 to nationals from 39 countries, including Cuba.
Meanwhile, ICE detentions of Cubans surged by 463% since October 2024, according to the Cato Institute.
In March 2026, a new federal class action sought to reactivate over 100,000 stalled applications from Cubans.
Marcelo urged immediate action: "I've said several times that I am only giving until May, and by June, if the pause hasn't ended, action must begin."
She also warned that the situation is financially draining for those affected, most of whom lack work permits while awaiting resolution.
FAQs on the Green Card Ruling for Cubans
Does the judge's ruling apply to all Cubans seeking Green Cards?
No, the ruling specifically benefits the 83 plaintiffs involved in the case. It does not extend to all Cubans seeking Green Cards.
What legal options do Cubans have following this ruling?
Cubans can consider filing lawsuits against the government to expedite their Green Card or citizenship applications, although this involves legal costs and does not guarantee success.
What has been the impact of the suspension on Cuban immigrants?
The suspension drastically reduced Green Card approvals for Cubans by 99.8% and increased ICE detentions by 463% since October 2024.