The community of Cubans with the I-220A migration document received a sign of hope this Friday after the oral arguments hearing held in the 11th Circuit Court of Appeals, a key step in a legal battle that could impact the immigration future of thousands of people in the United States.
According to journalist Javier Díaz from Univisión, during the hearing, immigration attorney Mark Prada presented an appeal arguing that many Cubans were mishandled and that the Government should have granted them parole instead of documenting them with an I-220A, a situation that keeps them in a “migration limbo.”
The court has not yet announced its ruling, but attorney José Guerrero, who was present at the hearing, stated that the presentation was “masterful” and that “the government ran out of arguments,” which means the news “could be very favorable” for those who are in a “migratory limbo.”
During the hearing, the judges pressed the Government about its positions, and according to the lawyer's interpretation, the Government itself would have acknowledged for the first time—generally speaking—that there were issues in how these cases were processed, while maintaining that no parole was granted and that this would prevent consideration under the law.
According to Prada, there will be no more hearings: the three judges will deliberate and then issue a decision with their explanation, which could take weeks, months, or longer, with no defined timeline.
The case was brought forth by two Cuban women - one of whom has the surname Labrada Hechavarría - who were denied permanent residency based on a previous decision —Cabrera Fernández (2023)— which established that the I-220A document does not equate to a parole and, therefore, does not confer eligibility for the Cuban Adjustment Act.
The defense argues that this interpretation is incorrect and that, during the Biden administration, many Cubans who entered through the southern border were erroneously classified by ICE, resulting in a legal limbo.
The objective is for the court to recognize that holders of I-220A have a status similar to parole and, therefore, can benefit from the Cuban Adjustment Act.
A favorable ruling for the plaintiffs could set a precedent with potential impact for tens of thousands of Cubans who crossed the southern border between 2021 and 2023 and received an I-220A instead of a parole.
The verdict could still take weeks or months, but the hearing generated anticipation among Cubans and lawyers in Miami.
The Cuban Adjustment Act (in effect since 1966) allows individuals to apply for permanent residency after one year and one day of physical presence in the United States, provided that the person has been admitted or granted parole.
Holders of I-220A have been excluded due to restrictive interpretations, and the decision expected could "define the path to residency" for thousands of Cubans.
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