In a troubling development, Cubans possessing the I-94 form and having already applied for residency under the Cuban Adjustment Act are being taken into custody by U.S. Immigration and Customs Enforcement (ICE) in Texas. This occurs even when their immigration cases have been dismissed by the courts due to pending status adjustments.
This situation was highlighted by Immigration attorney John Dutton and his colleague Johan de Rojas from John Dutton Law PLLC in Houston during a conversation with Tania Costa for CiberCuba.
"We are seeing numerous Cuban individuals with I-94s who have applied for residency being detained, despite having their court cases closed because their Cuban Adjustment was already in process," explained De Rojas.
What makes the situation worse is that these individuals have no criminal backgrounds. According to the attorneys, the detentions often arise from traffic stops or involvement in local police operations.
"Most of our Cuban clients with I-94s are detained due to traffic violations or because they get entangled in local police sweeps targeting drugs or prostitution," De Rojas elaborated.
The law firm also handles criminal cases and has successfully cleared charges against several of these Cubans in Harris County. Nonetheless, once ICE intervenes, the situation deteriorates rapidly. "We've managed to have them released from Harris County without charges because there was no evidence against them. But once ICE steps in, as we say in Cuban slang, they're screwed," De Rojas pointed out.
The key issue is that immigration judges in Texas refuse to close the cases of those detained, even with pending Cuban Adjustment applications. "These judges are reluctant to use their discretion to terminate proceedings, leaving these individuals detained," De Rojas stated.
Even when attorneys secure removal orders and appeal them to protect their clients from immediate deportation, they cannot secure their release. "We appeal removal orders to prevent immediate deportation, but we can't get them out. They have to wait in detention. It's unjust," lamented the attorney.
This prohibition on court closures began in Texas and has spread to Florida. "It started here in Texas and has expanded to Florida," Costa noted to Dutton.
Initially, ICE and judges claimed that potential residency was "speculative" due to an administrative hold on Cuban Adjustment processes. Despite this pause ending, the problem remains unresolved. "After the pause ended, we resubmitted our arguments, but the issue persists," added De Rojas.
The situation of these Cubans with I-94 aligns with a broader tightening of immigration policies: ICE detentions of Cubans soared by 463% since October 2024. Recently, a Cuban woman attended an ICE appointment in August carrying a court order barring her re-detention, indicating some legal actions are beginning to restrict the agency's ability to re-arrest those previously released.
This case underscores the uncertainty faced by many Cubans in the United States with active immigration processes. Stay informed about all changes and alerts in our U.S. Immigration section.
Understanding ICE Detentions and Cuban Adjustment Act
Why are Cubans with I-94 being detained by ICE?
Cubans with I-94 are being detained by ICE despite having pending residency applications due to traffic violations or local police operations, even when their immigration cases are closed.
What challenges do detained Cubans face in Texas?
Detained Cubans in Texas face challenges as immigration judges refuse to close their cases, leaving them in detention despite pending adjustment applications.
Has the issue expanded beyond Texas?
Yes, the issue, which originated in Texas, has extended to Florida, affecting Cuban immigrants in both states.