A couple of Cuban permanent residents in the United States were detained for questioning at Miami International Airport upon returning from a trip to the island and received a notice to appear before an immigration judge, who will decide whether they will keep or lose their residency.
The case was reported by journalist Javier Díaz during a live broadcast on his Facebook page, where he explained that it involves two young individuals between 32 and 36 years old who arrived in the country by crossing the southern border, requested asylum upon entry, and, after a year, obtained residency through the Cuban Adjustment Act.
They did not file a formal case for political asylum, but it was recorded in their entry file that they entered as applicants for protection.
In less than three years as residents, the couple made four trips to Cuba, all for short stays to visit family.
On their latest return, a few weeks ago, they were separated by CBP officials and sent to the so-called "cuartico," where they were questioned about the frequency of their visits and the fact that they had returned to the country they claimed to have fled from.
Díaz referenced the exchange: the official reminded them that “a person who crosses the border claiming fear for their life should not return to the country they fled from,” and warned them that this behavior could be interpreted as a contradiction to the statements made when requesting entry to the U.S.
In this case, the official went further: he issued a notification to the court for an immigration judge to determine whether their permanent residency should be revoked.
According to lawyers consulted by Díaz, a CBP agent can use this procedure in two ways: as a warning to discourage future trips to Cuba or as the start of a formal process to question legal residency, especially if a pattern of repeated visits to the country of origin in a short period is demonstrated.
The journalist emphasized that the situation does not impact all Cubans traveling, but “it only takes encountering an official who decides to enforce the law 100%” for a resident who arrived through the border to be summoned before a judge.
Once in court, authorities can present as evidence the entry and exit history recorded by the Department of Homeland Security, and if the judge believes that the basis for entry—fear of persecution—has been violated, they could order the revocation of residency and deportation.
The couple, aware of the seriousness of the situation, did not argue with the officer and complied with the instruction.
In his broadcast, the journalist pointed out that the case is real, that he knows the individuals involved personally, and that the story should serve as a warning to those who have arrived through the southern border in the last five years.
He recalled that many current residents fall into this category and have resumed frequent trips to Cuba, unaware that these can have immigration consequences.
"I know I can't tell anyone where to travel," Díaz added, "but if you return to the country you said you fled, you must be prepared to face the legal consequences. Don't risk a benefit that thousands of people in Cuba would wish to have but cannot, because they remain trapped in a system from which they cannot escape."
The journalist concluded by calling for prudence and individual responsibility: “It’s not about creating panic; it’s about understanding that the law exists and that at any moment, an officer can decide to enforce it.”
Other recent cases have also alerted the community of Cubans residing in the United States. In March of last year, the case of another Cuban questioned at Miami Airport after returning from the island came to light, an episode that highlighted the scrutiny faced by those who entered the United States claiming persecution and then return to their country of origin.
Months later, a Cuban resident in the U.S. shared the questions she received upon arriving in Miami after a trip to Cuba, emphasizing the pressure and the risk of losing immigration benefits.
In May of this year, another traveler who arrived in the U.S. after visiting the island warned about the possible consequences of returning to the country from which she declared she had fled, alerting those who arrived through the southern border in recent years.
More recently, the issue has been viewed from the opposite side, when regulated Cubans reported that the regime prevents them from returning to the United States, demonstrating that both departure and return can become points of friction with legal or political consequences.
Frequently Asked Questions about the Immigration Status of Cubans in the U.S. After Returning from Cuba
Why were the Cubans detained at Miami Airport after returning from Cuba?
The Cuban couple was detained for questioning due to the frequency of their trips to Cuba, despite having requested asylum upon entering the U.S., claiming fear for their lives. Immigration authorities believe that returning to the country they claimed to fear could contradict the statements made when applying for entry into the United States, which could lead to a review of their permanent residency status.
What consequences might frequent travel to Cuba have for Cubans residing in the U.S.?
Traveling frequently to Cuba may lead to a review of permanent residency status if a pattern of repeated visits is established. Authorities may interpret these travels as a violation of the basis for entry, especially if the person applied for asylum claiming a fear of persecution. This could result in the revocation of residency and deportation.
What should Cuban residents in the U.S. do if they plan to travel to Cuba?
Residents should be aware of the legal risks when traveling to Cuba. It is advisable to document each trip, maintain contact with an immigration attorney, and avoid extended stays outside the U.S. It is also important to be prepared for potential questioning upon return and to consider the implications of their travels on their immigration status.
What can Cubans in the U.S. do who are facing immigration issues after traveling to Cuba?
It is essential to seek legal advice immediately and document all interactions with immigration authorities. Those affected should avoid staying long periods outside the country and be prepared to present evidence regarding the reasons and duration of their trips. Keeping a good record of entries and exits can be crucial in case of court summons.
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