Donald Trump's promises to curb immigration in the United States and carry out mass deportations if he won the presidential elections raise the question of who should be most concerned about the fulfillment of such commitments.
In statements to Univision journalist Daniel Benítez, attorney Wilfredo Allen explained who should be most concerned and what role Cubans in particular occupy within this massive wave of migration.
Humanitarian parole
Allen detailed that among the group of migrants who should be concerned are those who entered under humanitarian parole, as Trump has clearly announced his intention to eliminate the program and has threatened to deport the beneficiaries of that parole.
“The humanitarian parole is already dead. Not as dead as the Parole in Place, but it's also dead,” he stated.
However, among that group of four nationalities—Haitians, Nicaraguans, Venezuelans, and Cubans—the citizens of the island should not worry, as stated by the lawyer, because in any case, the Cuban Adjustment Act will remain in effect.
"Cubans are not at risk because after one year and one day, they can legalize their status under the Cuban Adjustment Act, which is a law passed by Congress, not an executive action. The Cuban Adjustment Act will remain in effect until Cuba has free, transparent, and democratic elections," he noted.
"All Cubans who entered through the humanitarian parole will be able to legalize their status without any issues and can have zero concerns about being deported," he added.
In the case of the other three nationalities, Venezuelans currently have TPS, although Trump also promised to eliminate that program, which in the long run will indeed prevent those with an granted parole from adjusting their status through that means.
The situation is more complicated for Nicaraguans and Haitians, who face a greater risk of being deported if they lose their asylum cases after fighting for them.
However, Willy Allen believes it is unrealistic to imagine that the government will manage to deport 200,000 Haitians who have obtained humanitarian parole.
"Deporting that number of people will not be easy, but making their lives impossible will be. Not granting them work permits, driver's licenses, and other ways to complicate their daily lives will be straightforward," Allen anticipated, speculating that despite this, many will prefer that over returning to their countries.
CBP One
Willy Allen stated that the migrants who entered the United States through CBP One are not as concerning to him, but the situation is different for those who, by the time Trump is sworn in, have still not managed to cross the border through CBP One, something he had already warned about in a previous interview with Daniel Benítez.
"Those who are inside do not worry me as much because they are in immigration hearings and will fight for asylum; as long as they prepare, submit their asylum applications, and go to court, they won't have any problems," she stated.
"The Cubans who entered through CBP One do not worry me at all because in a year and a day, with the Cuban Adjustment Act, they will be able to legalize," he insisted, pointing out the significant advantage that citizens of the island have compared to migrants from other nationalities.
Allen observed, however, that in Texas many judges are requiring that if migrants entered through CBP One, they must present an asylum case, and if they do not, they are deported.
The lawyer took the opportunity to warn that as long as a case is open in court, a person cannot be deported.
"If you are in a process of appealing for your asylum, or if you are in the process of obtaining your residency, whether through asylum or Cuban Adjustment, you are not at risk of being deported," he asserted.
The person at risk of being deported is one who has already been to court, lost their asylum, and is currently under supervision, or someone who has an existing deportation order.
For Allen, the Cubans who should be very concerned are those who already have a deportation order and those with a criminal record coming from countries that accept their deportees.
"If you are a criminal, you will always be deported. If you are a criminal and have violated the laws of the United States, then you should be deported," he concluded.
Regarding Cubans with an I-220A (Order of Supervised Release), the lawyer recently expressed confidence that, in the long run, they will be able to legalize their status and will not be expelled from the U.S.
In conclusion, the outlook is significantly more positive for Cubans than for migrants of other nationalities, thanks to the protective umbrella provided by the Cuban Adjustment Act.
Nevertheless, the general recommendation is to keep the processes moving forward in a timely manner and never miss a court date, a point that Allen has emphasized on numerous occasions.
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