Immigration Lawyer Cautions Migrants with I-220A: "Avoid Traveling, Even Domestically"

For those holding an I-220A form and contemplating a vacation, immigration attorney Liudmila Marcelo issues a clear warning: refrain from traveling, even within the continental United States.

Marcelo, who frequently provides guidance to the Cuban community through live broadcasts with journalist Tania Costa on CiberCuba, was unequivocal in her advice regarding travel: "If you have an I-220A, I do not recommend traveling within the country, and certainly not to Puerto Rico or Hawaii, destinations many of my clients inquire about."

Marcelo emphasized that her stance does not mean everyone who travels will be detained, but the risk remains significant and unpredictable.

"I'm not saying you'll be detained if you travel, because you might not be. However, you'll never hear me say it's all safe to travel," she explained.

Understanding the Risks

The core of Marcelo's argument is the inherent uncertainty: no one can predict which airport will have Immigration and Customs Enforcement (ICE) agents present or whom they might choose to detain.

"You won't know from all the travelers that day who they might target or which airport they'll be at. So, that advice will not come from me," Marcelo stated.

Leisure vs. Necessary Travel

The lawyer differentiates between leisure trips—which she strongly advises against—and travel with justified reasons. Those living in one state but with court appointments in another, or those visiting sick relatives, have valid reasons to travel. In her view, vacationing is an unnecessary gamble.

The I-220A is a supervisory release order issued by ICE, allowing migrants to remain out of custody while their case proceeds in immigration court.

Legal Implications and Recent Developments

This document does not grant permanent immigration status, is not equivalent to parole, and does not permit free travel. According to ICE, holders must obtain written permission from their case officer before moving or traveling outside the approved area.

Since early 2025, detentions of migrants with an I-220A have surged, especially in Texas. Marcelo notes these occur "almost daily" in cities like San Antonio, Houston, and El Paso, even during routine ICE reporting.

Marcelo also issued a specific warning for permanent residents aiming to travel abroad: "Remember, you cannot travel outside the country if you have a pending case or even a concluded one."

She added a caution about criminal records: "A recent decision allows for the possibility of losing residency even with a pending case, without proof of guilt."

This decision stems from the Blanche v. Lau case, resolved by the U.S. Supreme Court on June 23, with a 6-3 ruling in favor of the government.

The ruling states that border agents do not need clear and convincing evidence to treat a returning permanent resident with a pending criminal case as if they are applying for admission, even without a conviction.

Advising Precautionary Measures

For those with an I-220A seeking to safeguard their immigration status this summer, Marcelo suggests frequently checking the EOIR portal, as immigration courts are advancing hearing dates, with some judges already setting final dates for late 2026 or early 2027.

A class-action lawsuit involving 992 Cubans with I-220A is ongoing in Miami, aiming to equate this document with parole to open the pathway for the Cuban Adjustment Act, though it remains unresolved.

If you have the I-220A form or other questions about your immigration status, stay updated with the latest U.S. Immigration coverage on CiberCuba.