Yaima de las Mercedes Suárez, a Cuban mother of five and a permanent resident of the United States, was released on Thursday after a judge granted her a pardon, ending her six-month detention under the custody of the Immigration and Customs Enforcement (ICE), as reported by Univision 23.
The 34-year-old mother faced the risk of being deported to a third country due to a criminal record from over ten years ago.
After her release from detention, she spoke with journalist Javier Díaz about her ordeal: "Horrible, horrible. There are good things, like the great friends I made, but being without your children, without your family, is terrible."
Suárez was arrested on February 8 at Miami Airport upon returning from Cuba with her three-year-old daughter. The purpose of the trip was family-oriented: to introduce her daughter to her grandmother and to pay respects at her father's grave, whom she never got to say goodbye to.
The Legal Complication
The legal trigger was a 2013 criminal record: at 21 and pregnant, Suárez was accused of fuel theft and conspiracy alongside four others in Manatee County, Florida. Her family explained she pled guilty to avoid giving birth in jail. This record surfaced upon re-entry to the U.S.
Suárez's attorney clarified that the legal process was not arbitrary: "Immigration checks her background and realizes she had this charge making her inadmissible to the United States, placing her in deportation proceedings."
Under the Immigration and Nationality Act, each re-entry into the country is considered a new admission request, potentially reactivating past criminal records that had remained dormant for years, even if her residency card had been renewed.
Family and Legal Battle
While Suárez was detained by ICE, her husband, Yankiel Suárez, took on the responsibility of caring for their five young children, three of whom have autism.
During her detention, her defense team worked tirelessly, arguing for bail, claiming Yaima was not subject to mandatory detention. A significant hurdle was her lack of the 15 years of residency required to seek cancellation of removal.
Ultimately, the judge granted a pardon, paving the way for her release, and her residency status was retained.
In another video, journalist Javier Díaz warned all immigrants who are not yet U.S. citizens: "If you have a criminal record and are still a permanent resident, it's important to contact a lawyer."
Between October 2024 and January 2026, ICE detentions of Cubans surged by 463%, while approvals for permanent residency for Cubans dropped by 99.8% during the same period.
Furthermore, since December 2024, Cuba has been listed as a non-cooperative country by ICE, intensifying scrutiny on those returning from the Island.
Key Concerns and Legal Implications for Cuban Residents
Why was Yaima de las Mercedes Suárez detained by ICE?
Suárez was detained due to a 2013 criminal record for fuel theft and conspiracy, which was flagged when she re-entered the U.S. after a trip to Cuba.
How can a criminal record affect U.S. permanent residents?
Under the Immigration and Nationality Act, re-entering the U.S. is seen as a new admission request, which can reactivate dormant criminal records and lead to deportation proceedings.
What legal options are available for residents facing deportation?
Residents can seek legal representation to apply for bail and argue against mandatory detention. However, cancellation of removal requires at least 15 years of residency.