A recent judicial agreement has provided relief to a group of Cuban nationals in the United States who were facing potential deportation back to the island. Although the ruling applies solely to the individuals included in this specific group lawsuit and does not set a legal precedent, it has sparked hope among other Cubans in similar circumstances.
The lawsuit, spearheaded by attorneys Mark Prada and Claudia Cañizares, aimed to resolve the predicament of several Cubans who entered the U.S. irregularly and were processed and released under the I-220B document. “Initially, we intended to file a class-action lawsuit, but we couldn't gather the required number of participants. Therefore, we opted for a group lawsuit,” explained Cañizares in an interview with Telemundo 51.
Cañizares emphasized that this approach made a significant difference: "Only those who chose to join the lawsuit, about twenty individuals, benefitted from it." The attorneys argued that those processed expediently and released with an I-220B or an ICE bond technically receive a parole status, which allows them, after being in the country for a year and a day, to apply for permanent residency under the Cuban Adjustment Act.
“After filing the lawsuit, the government requested negotiations. Following two months of deliberation and much uncertainty, a federal judge decided to grant parole to the entire group as part of the agreement,” explained Cañizares. "We succeeded! The expedited group lawsuit was a COMPLETE SUCCESS! We achieved an agreement, and all clients now have their parole," Cañizares announced on Instagram, sharing a photo of some beneficiaries.
"Stay tuned because we will soon start the second round," added Cañizares, who specified the "categories" of those eligible to participate in the next group lawsuit round.
Categories of Beneficiaries
The Cubans who benefitted from this lawsuit fell into one of the following categories:
- Underwent a credible fear process, were denied, and released with a deportation order and I-220B.
- Processed expediently and released with an I-220B, pending a credible fear evaluation.
- Passed the credible fear assessment and were released on an ICE bond.
It is crucial to note that none of the plaintiffs were being processed in immigration court. Cañizares highlighted that this decision does not benefit Cubans with an I-220A.
While the legal agreement does not create a precedent, it represents a significant advancement and a beacon of hope for those caught in legal limbo in the United States. Nonetheless, it left the door open to potentially file another group lawsuit soon for other Cubans in similar situations.
Understanding the Cuban Immigration Case
What is the significance of the I-220B document?
The I-220B document is significant because it is associated with the release of individuals who have been processed for expedited removal but are given a parole status that allows them to remain in the U.S. while their case is pending.
Why doesn't the agreement set a legal precedent?
The agreement doesn't set a legal precedent because it applies specifically to the individuals involved in this particular lawsuit and does not establish a broader legal standard that must be followed in future cases.
Who can join the next group lawsuit?
Individuals who fall into similar categories as those in the current lawsuit—such as those processed expediently and released with an I-220B—may be eligible to join the next group lawsuit.