Immigration attorney Willy Allen issued a stark warning on Monday, emphasizing that even Cuban immigrants without criminal records face a genuine risk of detention and deportation. This follows the announcement from "border czar" Tom Homan about adding 7,000 new agents to ICE, with an additional 3,000 in training at the federal academy, as part of the Trump administration's aggressive deportation goals.
In an interview with Tania Costa for CiberCuba, Allen addressed the pressing question of whether individuals who have not committed crimes—including those with a Form I-220A—can avoid this wave of deportations.
His response was unequivocal: "Currently, nearly 75% of those detained by ICE are individuals without criminal records."
This statistic challenges the official narrative that ICE primarily targets dangerous criminals. According to data from TRAC (Transactional Records Access Clearinghouse), as of January 25, 2026, 74.2% of ICE detainees had no criminal history.
Despite this daunting reality, Allen stressed that there are ways to avoid deportation: "There are always solutions. There is a path to safety."
Florida's Role in the Immigration Crackdown
Florida stands out as a significant concern. Allen expressed his astonishment at the governor's involvement in immigration operations: "I never expected a governor from a state as Hispanic as Florida to support making it the state with the most detentions."
The attorney detailed how the governor has mobilized both local and state police to detain anyone who is not a resident or citizen, holding a Form I-220A, parole, or awaiting residency status.
Unique to Florida, all 67 counties have active agreements with ICE, making it the state with the highest number of detentions nationwide. Allen also referenced a report from the Cato Institute, which suggests that USCIS is deliberately slowing down processes, increasing the number of individuals available for detention.
Widespread Deployment of ICE Agents
The deployment of the 7,000 new ICE agents is set to cover around 40 states and Puerto Rico, with Texas receiving the largest number of reinforcements. Miami has been identified as a priority destination, according to a report by Univisión.
Homan, speaking on Fox News last Tuesday, highlighted the need for "millions" of deportations and estimated over 20 million undocumented immigrants in the country.
Sources of Hope Amidst Challenges
In light of these challenges, Allen pointed to two sources of hope. The first being the federal courts: last week, his legal team secured the release of three individuals detained without criminal charges, and Maryland's federal court ruled in favor of 83 plaintiffs in a class-action lawsuit. Another federal circuit has mandated the restart of legalization processes.
The second potential source of hope lies in the November 2026 elections. Allen explained that if Democrats regain control of the House and Senate, they could potentially restrict the funds available for ICE operations and initiate investigations into current practices. However, he clarified that an electoral victory wouldn't instantly reverse the ongoing situation.
"I am hopeful: firstly, that the Federal Courts will uphold the law; secondly, that a change in the November elections will pave the way for a different future in immigration policy," Allen concluded.
Understanding the Risks and Protections for Cuban Immigrants
What is the risk for Cuban immigrants without criminal records?
Cuban immigrants without criminal records still face a high risk of detention and deportation, as ICE's current operations include many individuals without criminal histories.
How is Florida involved in the ICE operations?
Florida is unique in that all its counties have active agreements with ICE, making it the state with the highest number of detentions. The governor has coordinated local and state police to assist in these efforts.
What are the potential sources of hope in this situation?
Hope lies in the federal courts, which have recently ruled in favor of immigrants, and the upcoming November 2026 elections, which could result in political shifts that alter current immigration policies.