A law firm in Miami will file a class-action lawsuit against the federal government of the United States this Wednesday, May 21, aiming to secure a favorable ruling for at least thirty Cuban migrants who arrived in the country and were released with form I-220A.
The case arises in a transformative legal context, marked by a recent decision from the Board of Immigration Appeals (BIA) that could reshape the legal landscape for thousands of Cubans undergoing immigration processes.
The legal basis of the claim
The lawyer Eduardo Soto, who leads the legal action with his firm, argues that the Cuban migrants benefiting from form I-220A were released under circumstances that should be recognized as equivalent to a "parole", a immigration status that allows certain foreign nationals to enter and legally remain in the country.
This is within the framework of a key interpretation of the immigration detention process.
"We are arguing that a person who is physically arrested before an arrest warrant is issued cannot be processed under section 236; they must be processed under section 235, which requires mandatory detention, and the only way to release someone is under parole," explained attorney Eduardo Soto in statements to Univision.
This argument is supported by a recent ruling from May 15, 2025, in the case Matter of Q. LI, issued by the BIA, which establishes that a person who enters the country without being formally admitted, and who is detained without a warrant while "arriving" in U.S. territory, should be considered as an "admission applicant" under section 235(b) of the Immigration and Nationality Act (INA).
The impact of the ruling Matter of Q. LI
Although the case in question involves a Chinese citizen, its relevance extends widely to other migrant communities, including Cubans.
According to the decision of the BIA, this type of person is not eligible for bail and must remain in detention until the conclusion of their deportation proceedings, unless they are released for humanitarian reasons through a parole.
The Board was emphatic in stating that this classification applies both to those who arrive via an official port of entry and to those who cross through unofficial points and are apprehended shortly thereafter.
This distinction is crucial for Cubans with I-220A, as many of them were released after their initial detention, without a formal arrest order, and have continued their immigration processes while in freedom.
The legal reasoning behind the ruling strengthens the argument that these individuals should not be classified as "arrivals without inspection," but rather as "admission applicants," which alters their legal status in relation to the Cuban Adjustment Act.
What is the I-220A form and why has it been controversial?
The I-220A form has been a source of uncertainty for thousands of Cubans for years.
It is a document issued by U.S. immigration authorities after detaining a migrant and allowing their release under supervision.
However, the U.S. government has argued that this form does not constitute a legal admission or parole, and therefore does not allow eligibility for the Cuban Adjustment Act, which requires one of these conditions to apply for permanent residency.
This new judicial scenario could open a pathway to reconfigure this interpretation.
Eduardo Soto's legal team aims to demonstrate that the conditions under which these Cubans with I-220A were released resemble those of a parole, and therefore should be recognized as such for immigration purposes.
Scope of the demand
One of the participants in the class action lawsuit is Laura de la Caridad González Sánchez, a young Cuban whose case garnered media attention in March of this year for being the first person with I-220A arrested during an immigration appointment, despite having a pending asylum case.
“Never in my wildest dreams did I think I could be involved in a situation like this,” González Sánchez declared to Univision, after being released with shackles.
Alongside her, at least 30 other Cubans are part of the mentioned class action lawsuit, although the number could increase.
According to lawyer Soto, the plaintiffs "must be individuals who were first physically detained and then processed." Those interested in joining the lawsuit should contact the law firm to verify if they qualify, keeping in mind that there is a cost associated with the process.
"Indeed, the treatment of these people has been unfair," Soto concludes.
What would come next?
Following the official filing of the lawsuit on May 21, the federal government of the United States will have 60 days to respond. If the ruling is favorable for the plaintiffs, they could receive humanitarian parole, which would open the door to apply for the Cuban Adjustment Act and, eventually, obtain permanent residency in the country.
This process represents a crucial moment for thousands of Cubans in the U.S., whose legal futures may hinge on the reinterpretation of what it means to have been “released” in U.S. territory, and whether that can finally be recognized as a legal pathway to migratory stability.
Frequently asked questions about the class action lawsuit of Cubans with form I-220A
What does the class action lawsuit by Cubans with I-220A seek?
The lawsuit seeks to have Cubans released with the I-220A form recognized as beneficiaries of a "parole". This would allow them to take advantage of the Cuban Adjustment Act and, eventually, obtain permanent residence in the United States. The central argument is that the conditions under which they were released resemble those of a parole.
What is the impact of the ruling "Matter of Q. Li" on Cuban migrants?
The ruling could reconfigure the immigration status of thousands of Cubans by arguing that those who enter the U.S. without formal admission should be considered "admission applicants." This could pave the way for them to be released under parole, which is necessary to access certain immigration benefits.
What is Form I-220A and why is it controversial?
The I-220A form is a document for supervised release granted to certain migrants after their detention. It is not recognized as a parole, which prevents its holders from benefiting from the Cuban Adjustment Act. The controversy lies in the fact that this new judicial landscape could change that interpretation.
What steps will be taken after the filing of the lawsuit?
The U.S. government has 60 days to respond to the lawsuit filed on May 21, 2025. If the ruling is in favor of the plaintiffs, they could receive humanitarian parole, allowing them to apply for the Cuban Adjustment Act and obtain permanent residency.
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