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What to Do if ICE Visits Your Home and You’re a Cuban with Irregular Status in the U.S.

Friday, December 20, 2024 by Robert Castillo

What to Do if ICE Visits Your Home and You’re a Cuban with Irregular Status in the U.S.
ICE Officer - Image © ICE on X

The immigrant community in the United States constantly faces the uncertainty of Immigration and Customs Enforcement (ICE) agents showing up at their homes to check the immigration status of the residents. If you are a Cuban still in the process of legalizing your status in the U.S., or if you know someone in this situation, it is crucial to be aware of the legal rights that protect you.

Matt Adams, an expert immigration attorney and legal director at the Northwest Immigrant Rights Project in Seattle, explained in a conversation with Telemundo that nobody is required to open the door or answer questions from ICE agents. "If immigration comes to your home, you have the right not to answer, not to open the door," Adams emphasized.

Adams clarified that ICE agents often have arrest or search warrants, but they typically do not possess a judge-signed order that permits them to forcibly enter the homes of immigrants. "They cannot enter your home without an invitation, and the immigrant has the right not to extend that invitation. Even if they are knocking on the door, you don’t have to pay attention," the lawyer insisted.

Furthermore, he recommended educating children about the importance of not opening the door in these situations and noted that if agents arrive with a valid order, they should show it under the door or through a window. "The truth is they almost never have that order," he concluded.

At the end of November, immigration attorney Ismael Labrador explained that Cuban migrants in the U.S. might be protected from the mass deportations announced by Donald Trump for 2025. He pointed out that most have a two-year humanitarian parole, allowing them to apply for the Cuban Adjustment Act. This status grants them work permits and proper documentation, reducing risks.

However, those who have been in the country for less than a year, lack residence, or face deportation orders are more vulnerable. Labrador advises staying within the law, updating paperwork, and seeking legal advice to avoid complications.

Understanding all these rights is essential for immigrants, including Cubans with irregular status in the United States, to act safely and protect themselves from actions that could jeopardize their immigration status.

Key Information for Cuban Immigrants in the U.S.

What should you do if ICE agents come to your door?

You have the right not to open the door or answer any questions. ICE agents cannot enter your home without a signed warrant from a judge, which they rarely have.

Are Cuban immigrants protected from deportation?

Many Cuban immigrants may be protected due to a two-year humanitarian parole, which allows them to apply for the Cuban Adjustment Act, providing work permits and legal documentation.

What challenges do newly arrived Cuban immigrants face?

Cuban immigrants who have been in the U.S. for less than a year, lack residence, or have deportation orders are more vulnerable and should seek legal advice to ensure compliance with immigration laws.

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