Immigration attorney Claudia Cañizares addressed a pressing question for Cubans holding the I-220A form in the United States through a TikTok video: What might happen to their immigration cases if Cuba experienced a shift toward democracy?
This inquiry gains significance amid the Trump administration's ongoing maximum pressure campaign on the Cuban regime, which includes energy sanctions, a blockade on Venezuelan oil, and diplomatic maneuvers aimed at fostering historic change on the island.
Impact on Political Asylum and Cuban Adjustment Act
Cañizares outlined two main ways a democratic transition could affect I-220A holders. The first involves political asylum. "If your asylum case is based on political persecution and a democratic transition occurs, your asylum claim would no longer be valid because the government that was persecuting you no longer exists," explained the attorney.
The second aspect concerns the Cuban Adjustment Act, a primary pathway for Cuban immigrants in the U.S. since 1966. "The Cuban Adjustment Act could be repealed if Cuba becomes a democracy," Cañizares cautioned.
Legal Framework and Recommendations
This possibility is outlined in the Helms-Burton Act, signed in 1996, which sets the criteria for determining when Cuba has a democratically elected government and ties the potential repeal of the Cuban Adjustment Act to this determination. "There is a law known as the Liberty Act, in effect since 1996, indicating that if Cuba transitions, the Cuban Adjustment Act could be eliminated," she clarified.
The NACARA law, also from 1996, is linked to the same mechanism: if the Liberty Act determines that Cuba is democratic, the Cuban Adjustment Act may be rescinded.
Advice for I-220A Holders
Faced with this scenario, Cañizares advises taking proactive steps: apply for permanent residency promptly and keep it pending with the USCIS or immigration court. "My best advice is to apply for permanent residency and have it pending with either the court or USCIS, so if a transition occurs and they want to eliminate the Cuban Adjustment Act, you are protected," she suggested.
The rationale is that the law safeguards those with pending applications: even if the Cuban Adjustment Act is repealed, those already in the process could maintain their immigration benefits.
For those with pending asylum claims, the attorney recommends exploring alternatives like administrative closure through a family petition or other available remedies.
Significance of the I-220A Form
The I-220A form was issued to over 300,000 Cubans who crossed the southern U.S. border since 2021. This document, provided by ICE, allows individuals to remain in the country under supervision but does not grant a permanent immigration status.
Legal developments have progressed in the courts: the Eleventh Circuit Court of Appeals rejected criteria excluding these holders from the Cuban Adjustment Act in February, and this week, a Cuban with an I-220A was released after five months in custody following a favorable habeas corpus ruling.
"Please don't panic, but do formulate a plan, consult with your attorney, and inquire about your options in the event that freedom arrives," Cañizares concluded.
Key Questions About I-220A and Cuban Democratic Transition
How would a democratic transition in Cuba affect political asylum cases?
If Cuba transitions to a democracy, asylum cases based on political persecution might become invalid as the government responsible for the persecution would no longer exist.
What could happen to the Cuban Adjustment Act if Cuba becomes democratic?
The Cuban Adjustment Act could be repealed if Cuba is determined to have a democratically elected government, according to the Helms-Burton Act.
What should I-220A holders do to protect their immigration status?
I-220A holders should apply for permanent residency and keep it pending with USCIS or the immigration court to ensure protection if the Cuban Adjustment Act is eliminated.