Yelenis Pérez arrived in the United States over 30 years ago. She has children, grandchildren, a stable job at the University of Tampa, and a life built far from the island she left behind. But all of that was shaken on July 14, when she went, as she does every year, to her immigration check-in appointment with Immigration and Customs Enforcement (ICE).
Instead of signing his supervision order, as he had done for more than a decade, he was handed an order with an unyielding message: you have 90 days to leave the country. “The only thing they told me was: report on October 14 with your ticket and passport. You have to leave,” he told Tampa News Today.
The problem is that his Cuban passport is expired. Renewing it can take up to a year, according to what Cuban consular authorities informed him. In the meantime, he fears the worst. "I don't know where they are going to send me", he said. "If I show up on October 14 without that document, what will happen? Where am I going to end up?"
During 27 years, Yelenis has worked as a cleaner at the University of Tampa. She has never missed her appointments with immigration. “I ask, please, that I be allowed to stay here, even if it’s under supervision. I have never let this country down”, she pleads.
The Cuban grandmother acknowledges that her emotional health has deteriorated since she received the order. "My life has changed completely. I am no longer myself." What she fears the most is being separated from her children and grandchildren, who were born and live in the United States. "What will become of them? What will become of me?"
Even though Cuba has allowed its citizens with expired passports to enter since April, Yelenis does not want to return to the island. "I don't have a home or family there. I have nowhere to go."
Why had it not been regularized?
Although the Cuban Adjustment Act (CAA) allows many Cuban nationals to apply for permanent residency after one year and one day of being present in the U.S., not everyone automatically qualifies for it. According to the legislation, the applicant must have been "inspected and admitted or granted parole" by immigration authorities upon entering the country.
In the case of Yelenis Pérez, all indications suggest that she did not enter through a pathway that would grant her that status, or she was unable to regularize her situation due to receiving a final deferred deportation order more than a decade ago. Such a situation can arise from irregular entry, legal errors, lack of guidance, or restrictive immigration policies that prevented her adjustment of status.
Despite the fact that the Adjustment Act remains in effect and has not been modified, as it can only be altered by the United States Congress, being codified in the Helms-Burton Act, its application depends on the entry conditions and the immigration history of each person. The recent suspension of programs such as humanitarian parole and family reunification does not affect the validity of the CAA, but it has generated confusion among many Cuban immigrants.
Since the return of Donald Trump to the presidency in January, his administration has implemented a mass deportation policy with a clear goal: one million expulsions per year. The acting director of ICE, Todd Lyons, recently confirmed that “if we find someone who is here illegally, we will take them into custody”, regardless of whether they have a criminal record or not.
The agency has also announced that it will intensify its pressure on companies that hire undocumented immigrants, in an effort to curb informal employment and labor exploitation networks.
Frequently asked questions about the deportation of Cuban immigrants in the U.S.
Why has ICE ordered the deportation of Yelenis Pérez?
The ICE has ordered the deportation of Yelenis Pérez because she has received a final deferred deportation order over a decade ago. This situation may stem from irregular entry, legal errors, lack of legal advice, or restrictive immigration policies that prevented her from adjusting her status. Despite having lived in the U.S. for over 30 years, her immigration status has not been regularized.
What happens if Yelenis Pérez cannot renew her Cuban passport in time?
If Yelenis Pérez cannot renew her Cuban passport in time, she faces the uncertainty of not knowing where she will be deported. Although Cuba allows its citizens to enter with expired passports, Yelenis does not want to return to the island due to the lack of a home and family there. The renewal of her passport could take up to a year, according to Cuban consular authorities.
How does the current immigration policy affect Cuban immigrants in the U.S.?
The current immigration policy under the government of Donald Trump has intensified deportations, even affecting Cuban immigrants with no criminal records who have lived in the U.S. for years. ICE has increased detentions and deportations and has announced stricter measures against companies that employ undocumented immigrants. This creates an atmosphere of fear and uncertainty within the Cuban immigrant community.
What legal alternatives do Cuban immigrants have to avoid deportation?
Cuban immigrants can seek specialized legal advice to explore options such as adjustment of status under the Cuban Adjustment Act or request the reopening of their case if they have family reunification processes underway. However, each case is unique, and the possibilities depend on the individual's migration history and personal circumstances.
Filed under:
