Florida-based immigration attorney Willy Allen is urging Cuban-American lawmakers Maria Elvira Salazar, Carlos Giménez, and Mario Díaz-Balart to take immediate action to address the situation facing Cubans with I-220A forms. These individuals have recently begun facing detention during their ICE appointments at the Miramar immigration center in Broward County. Allen argues that the resolution of the I-220A issue is "within their reach," suggesting that it is an administrative matter hinging on the political will of Kristi Noem, the Secretary of the Department of Homeland Security (DHS).
According to Allen, the DHS Secretary has the authority to recognize the I-220A as a legal entry under the Cuban Adjustment Act, based on existing laws and memorandums regarding Cuban entries, which require inspections and admission. "It's a decision that can be made without difficulty, but it must be administrative, and the Cuban-American representatives can exert pressure to make it happen," Allen emphasized, pointing out the critical role these Florida representatives could play in a closely contested vote in the House.
Allen expresses concern that the DHS Secretary might wait for a judge's ruling on a pending lawsuit concerning the I-220A, expected in October, before taking any action. He believes this is where the influence of the Cuban-American congressmen could be pivotal, yet he doubts any will act due to political alignment considerations with former President Trump.
Previously, in an interview with CiberCuba, Allen criticized Maria Elvira Salazar for proposing legislation to grant legal status to I-220A holders. However, on Monday, he acknowledged that she is the only one among the three Cuban-American representatives who remains focused on the I-220A issue, announcing her intention to introduce a bill in Congress that would grant parole to these individuals under the Cuban Adjustment Act.
Allen argues that such a law is unnecessary because the Cuban Adjustment Act already applies to all Cubans who have been inspected, interviewed, and admitted to the United States, which includes those with I-220A. He insists that the issue could be resolved swiftly, referencing Salazar's criticism of Homeland Security Secretary Alejandro Mayorkas for not addressing the problem promptly under the Biden administration.
Salazar has requested patience in resolving the I-220A matter, noting that President Trump has just taken office and that there is still time within the administration's term. However, those affected disagree, especially given the recent detentions of at least 18 Cubans with I-220A in Miramar who have committed no crimes and have pending asylum appointments.
Allen clarifies that the I-220A immigration status was established during Trump's first term, suggesting that finding a legal solution should not be problematic this time around. He warns that like Venezuelans recently deported to El Salvador, the 60,000 Cubans with criminal records in the U.S. might also face deportation to third countries, as the Díaz-Canel regime refuses their return to the island.
Regarding the frequently asked question about visiting family in Cuba, Allen advises caution and to wait until the situation stabilizes, considering the Trump administration's unmet deportation targets and its likely efforts to fulfill these commitments. For those with I-220A, Allen recommends attending immigration appointments with legal representation, as missing them could worsen their situation. Although attending poses a risk of detention, absence is deemed worse. In the event of detention, securing release on bond, typically ranging from $3,000 to $12,000, is possible with legal assistance.
Key Questions About I-220A and Cuban Immigration
What is the I-220A immigration form?
The I-220A is a form used by U.S. Immigration authorities to document individuals released from detention under supervision. It is relevant to Cubans seeking adjustment under the Cuban Adjustment Act.
Why are Cuban-American lawmakers critical in resolving the I-220A issue?
Cuban-American lawmakers like Maria Elvira Salazar, Carlos Giménez, and Mario Díaz-Balart have the political influence and capacity to pressure the DHS to administratively resolve the I-220A issue, which affects many Cubans in the U.S.
What actions can individuals with I-220A take to protect themselves?
Willy Allen advises individuals with I-220A to attend their immigration appointments with legal counsel. Although attending carries a risk of detention, not attending could worsen their legal standing. If detained, release on bond is an option with legal assistance.