Immigration attorney Liudmila Marcelo has issued an urgent and heartfelt message to Cuban nationals holding the I-220A document who are at risk of deportation to third countries: stay composed, don't let fear immobilize you, and most importantly, do not attend your final court hearing without legal representation.
This advice comes at a pivotal time following a U.S. Supreme Court decision on Tuesday that temporarily lifted the pause on deportations to third countries, pending a review of the policy's legality. This decision allows the Trump Administration to resume rapid transfers to places such as Liberia, Equatorial Guinea, and the Central African Republic.
Marcelo openly acknowledged the heavy burden of the situation. "Look, it's really hard to give advice when I myself am overwhelmed with these situations and there are days when I feel like leaving it all behind for something completely different. The problem is, I don't know how to do anything else."
Facing Fear Without Paralysis
Marcelo validated the fear experienced by those hesitant to leave their homes but urged that this fear should not lead to inaction.
"Yes, there's a bit of fear about going out because there have been cases of people being detained simply while going to work or stepping out to buy medicine or groceries," she admitted.
At the same time, she made it clear she is not trying to incite panic. "I don't want to say that the moment you step outside, someone will be waiting for you. I don't want to instill that kind of terror because I've never liked to spread fear, but at the same time, I can't tell people their fears are unfounded. Everyone understands their own fear, and I'm not one to judge that."
Hope and Resilience as Key Messages
Her core message was one of resilience and hope. "This will all pass. Let's trust that things will change and improve."
Marcelo highlighted that those with pending asylum cases or active appeals still have viable legal options, and giving up is not the solution. "The worst thing in life would be death, which leaves no solutions. So as long as you're alive and fighting for your case, there's hope."
She also warned about the detrimental effects when fear becomes obsessive. "If fear takes over our minds, we become paralyzed and do nothing."
Importance of Legal Representation
In a rare departure from her usual stance against actively promoting legal services, Marcelo stressed the importance of legal representation.
"I never used to say, 'You need lawyers' because I find it distasteful. I believe medical and legal services should not be marketed," she explained.
However, she was firm in her advice. "I don't recommend anyone attend their final court hearing without a lawyer. Why? Because having one ensures a well-prepared appeal if the case is lost."
Holders of the I-220A document are facing multiple legal pressures simultaneously. These include motions to pretermit—requests from the Department of Homeland Security to close asylum cases before a full hearing, the risk of deportation to countries with which they have no ties, and long waits in an overwhelmed judicial system.
A class-action lawsuit involving 992 Cubans with I-220A in Miami remains active, with procedural steps pending before a federal judge who has already determined jurisdiction to proceed with the case.
The Supreme Court has scheduled arguments on the legality of deportations to third countries for December 2026, meaning uncertainty will continue for thousands of Cubans for at least several more months.
The situation of I-220A holders is just one aspect of the complex U.S. immigration system. Stay updated on all developments in our U.S. Immigration section.
Understanding the I-220A and Its Implications
What is an I-220A document?
The I-220A document is a form used by U.S. immigration authorities that allows certain individuals to be released from detention under specific conditions. It is often used for those awaiting a final court decision on their immigration status.
Why is legal representation important for I-220A holders?
Having a lawyer can significantly impact the outcome of a court hearing. Legal representation ensures that the case is presented effectively, and if necessary, a well-prepared appeal can be submitted if the initial decision is unfavorable.
What are the risks associated with deportation to third countries?
Deportation to third countries can pose significant risks, as individuals may be sent to nations where they have no social or familial ties, which can lead to severe hardship and safety concerns.