What was supposed to be another step in his legal process turned into a nightmare. Orlando Delgado, a Cuban who arrived in the United States in 2022 after crossing the border, was detained on June 25 by Immigration and Customs Enforcement (ICE) agents when he went to an appointment at immigration court.
From the Broward Detention Center in Florida, where he is held, Delgado recounted his experience: "They didn't let me do anything. They just shut down the court and ICE detained me."
His arrest has raised alarm bells among human rights defenders and the Cuban community in South Florida, which is increasingly facing such situations.
Delgado, the father of a seven-month-old baby, had sought political asylum in the United States after participating in the protests on July 11, 2021, in Cuba, for which he was detained and warned by State Security.
His wife, Mercedes Estévez, claims that returning to the island would pose a real danger: "He cannot go back to Cuba. They watched him, they threatened him, and now they want to send him to Mexico," she said to Telemundo 51 with a breaking voice.
Why was he arrested if he has no criminal record?
The only "mark" in Orlando's immigration record is the I-220A document he received upon entering through the southern border.
This form, which has been widely used since the reopening of migration after the pandemic, allows for the conditional release of thousands of Cubans while they navigate their asylum process. However, it does not provide solid protection against potential deportation if their application is denied or if ICE decides to act unilaterally.
Despite having a "credible fear" request still pending review, the young man was detained without prior notice.
"I am desperate. I have nothing. I have no way to support him," lamented his wife Mercedes, who was left alone, unemployed, and caring for the baby.
The fear of being deported to Mexico instead of Cuba has plunged the family into uncertainty. "Those who came with me were told the same thing: deportation to Mexico," Delgado confirmed.
In January, the Mexican government announced that it would accept the reception of Cuban migrants deported by the United States who cannot be sent directly to their country of origin.
The measure was added to the acceptance of migrants from other nationalities, such as Nicaraguans, Haitians, and Hondurans, and was made possible by agreements between both countries for the reception of these migrants.
An alarming trend: complying with the law can lead you to a cell
According to official figures from ICE, at least 853 Cubans have been arrested in the Miami area between January 2024 and January 2025.
Most of them are individuals with no criminal records, with open immigration cases, and who were released with I-220A. In many cases, the arrests occurred during or immediately after routine court appointments, which has created an atmosphere of fear and uncertainty among migrants.
Orlando's case is not isolated.
In Colorado, Ariel Cruz Pentón was arrested while working, without a visible arrest warrant, and then transferred without notice. ICE attempted to have him sign his deportation to Mexico, despite the fact that he is Cuban.
His wife, Alexandria Dowell, a U.S. citizen, reported irregularities in the process and raised concerns about the arbitrariness of the actions taken by immigration authorities.
In Florida, Ariel Lara González, another Cuban father, was arrested during an immigration hearing, despite having parole and being in the process of obtaining residency.
The same happened to Didie Espinoza, who was immediately arrested outside the courthouse after attending his preliminary asylum hearing.
Her attorney, Laura Jiménez, reported that ICE is using a deliberate procedure: once the prosecutor requests to close the case, it is removed from the jurisdiction of the immigration judge, and ICE proceeds to detain the migrant.
"It was an arbitrary process. The right to be heard was not respected. Constitutional rights are being violated," Jiménez stated.
Anyone can be taken away. With a lawyer, without a lawyer. As if they were a criminal, and they are not," also denounced Daysi Salvador, Espinoza's partner.
Detentions without prior records, separated families, violated rights
What connects these cases is not criminal records or threats to public safety, but rather the same combination: Cubans with I-220A documents, in the asylum process, without a criminal history, but detained when attending court.
Lawyer Jiménez summarizes it as a "deceptive tactic" that ICE would be using to deport migrants without having to prove that they pose a danger or that they have broken the law.
In the words of Alexandria Dowell, the wife of a detainee: "It doesn't matter if you do everything right… it's in the hands of whoever reads your case."
In all cases, the result has been the same: broken homes, children without parents, desperate wives, and communities bewildered by a system that seems to punish even those who abide by the rules.
"The system that promised protection now closes doors," lamented an activist on social media. And increasingly, attending a hearing in immigration court can become a no-exit trap.
Frequently Asked Questions about Deportations of Cubans with I-220A in the U.S.
Why does ICE detain Cubans with Form I-220A?
ICE is making arrests of Cubans with the I-220A form, which allows for release on parole while they face their asylum processes, but does not offer protection against deportations. These arrests are happening even without criminal records and have intensified in the context of stricter immigration policies. Arrests often occur during or after routine court appointments.
What is the I-220A form and what does it imply for Cubans in the U.S.?
The I-220A form, known as "Order of Release on Recognizance," allows migrants to be released from federal custody under certain conditions. This status is not considered an official admission to the country nor does it confer immigration benefits, leaving beneficiaries in a legally uncertain situation and exposed to deportation if their asylum application is denied.
How do ICE detentions affect Cuban families in the U.S.?
The ICE arrests are causing significant family separation among Cubans in the U.S. Families are facing uncertainty and distress due to the fear of being deported, which means returning to a country where they may face political retaliation. Additionally, these arrests have left many without the necessary economic support, as those detained are often the primary providers for their households.
What can Cubans with I-220A do to protect themselves from deportation?
It is crucial for Cubans with I-220A to seek specialized legal advice to understand their rights and options. Attending scheduled appointments with immigration authorities punctually and complying with all conditions outlined in the form is essential to avoid additional complications. Consulting with immigration attorneys about possible legal remedies, such as the Cuban Adjustment Act, can provide a means of protection.
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