A court agreement has benefited a group of Cubans in the United States who were facing the possibility of being deported back to the island.
Although the ruling exclusively benefits the individuals involved in that class-action lawsuit and does not set a legal precedent, it has sparked hope for other Cubans in similar circumstances.
The lawsuit, led by attorneys Mark Prada and Claudia Cañizares, aimed to address the situation of several Cubans who entered the United States irregularly and who were processed and released under the I-220B document.
"The initial idea was to file a class-action lawsuit, but we couldn't gather enough people to go forward with it. That's why we chose to pursue a group lawsuit," explained attorney Cañizares in statements to Telemundo 51.
Cañizares emphasized that this strategy made a significant difference: “Only those who chose to join the lawsuit benefited, around twenty in total.”
The lawyers based their case on the argument that individuals who are processed quickly and released with an I-220B or ICE bond technically receive a parole.
That status allows them, after one year and one day in the country, to apply for permanent residency under the Cuban Adjustment Act.
"Once the lawsuit was filed, the government requested to initiate negotiations. After two months of deliberation and much uncertainty, a federal judge decided to grant parole to the entire group as part of the agreement," Cañizares explained.
"We won! The class action lawsuit for expedited processing individuals was a TOTAL SUCCESS! We reached an agreement, and all the clients now have their parole," the attorney wrote on Instagram, where she shared a photo featuring some of the beneficiaries.
"Stay tuned because we will be starting the second round soon," added Cañizares, who specified in his post "the categories" of those who can participate in the upcoming round of the class action lawsuit.
Benefited groups
The Cubans benefiting from this lawsuit belonged to one of the following categories:
They underwent a credible fear process, were denied, and were released with a deportation order and I-220B.
They were processed swiftly and released with an I-220B, pending a credible fear assessment.
-People who faced credible fear and were released on ICE bond.
It is important to note that none of the plaintiffs were being processed in immigration court. Cañizares stated that this decision does not benefit Cubans with I-220A.
Although the court ruling does not set a precedent, it represents a significant step forward and a glimmer of hope for those caught in immigration limbo in the United States.
However, he left the door open to soon file a new class action lawsuit for other Cubans in similar situations.
Frequently Asked Questions about the Court Agreement that Prevents the Deportation of Cubans in the U.S.
What does the court agreement mean for Cubans in the U.S. with an I-220B?
The court agreement grants parole to the Cubans involved in the class action lawsuit, allowing them to remain in the United States and eventually apply for permanent residency under the Cuban Adjustment Act. However, this ruling does not establish a legal precedent applicable to other cases outside of the lawsuit.
Who were the beneficiaries of the lawsuit?
The beneficiaries are Cubans who joined the class action lawsuit, specifically those who were released with an I-220B document after a credible fear process or under an ICE bond. The lawsuit does not include those with an I-220A document.
What is the I-220B form and how does it affect Cuban migrants?
The I-220B form is a supervision and deportation order issued by ICE for migrants who have not passed the credible fear interview but have been released under certain conditions. This document places migrants in legal limbo and at risk of deportation, unless measures such as the parole granted in this case are established.
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