Amid the rise in deportation flights from the United States to Cuba in 2026, one of the most concerning questions is what options are available for those Cubans who have criminal records and also face a pending deportation order that has been in place for years.
Immigration attorney Ismael Labrador explained to journalist Mario J. Pentón that many individuals with old deportation orders—some issued in the 2000s, 2005, or 2010—may still have legal alternatives, depending on the type of offense and the time that has elapsed.
The lawyer advised those in this situation to carefully review their immigration files, as some may be eligible for a pardon that was not available when they were processed.
“Review your cases, some are already eligible for a immigration waiver, and they can reopen their cases, as the immigration waiver was not available at the time they applied,” he explained.
Forgiveness after 15 years without reoffending
According to Labrador, one of the possible scenarios is the so-called migratory pardon based on the passage of time and the subsequent behavior of the applicant.
“It is the pardon that indicates that 15 years have passed since the crime for which you received the deportation order was committed, you have not committed any further crimes in the U.S., and the option to reopen that court to eliminate the deportation order can be considered and go before an immigration judge to request that available immigration pardon,” he explained.
In these cases, the key is to demonstrate that the required period has elapsed and that there has been no recurrence of criminal behavior.
However, the lawyer warned that reopening a case does not automatically guarantee that the judge will agree to lift the deportation order.
It is a discretionary process that depends on multiple legal factors and the individual history of each person.
Crimes that do not admit forgiveness
Not all backgrounds allow access to this type of benefit. Labrador was emphatic in explaining that there are categories of crimes that virtually close the door to any immigration relief.
“There are individuals who have no immigration waivers available to them due to offenses related to drug trafficking, cocaine, methamphetamines, and other types of drugs,” he stated.
In contrast, he specified that marijuana convictions could be treated differently.
"People convicted for marijuana can indeed reopen their cases," he noted.
It also mentioned situations of individuals who committed crimes prior to 1995 and received deportation orders under legal frameworks that later changed.
"There are individuals who committed crimes before 1995 and received deportation orders for that, but there are laws that existed which were changed after those years and do not have the same restrictions as the current laws," he indicated.
In these cases, a detailed review may uncover opportunities that did not exist at the time the deportation orders were issued.
However, Labrador was clear to point out that the possibility does not equate to a guarantee: "There are many cases that can be reviewed and for which there is a possibility; it cannot be said that the immigration judge will accept to reopen the cases."
Increase in deportations in 2026
The lawyer's statements come against a backdrop of increased deportations to the island.
A total of 116 irregular Cuban migrants were deported this Thursday from the United States and arrived at José Martí International Airport in Havana.
The Ministry of the Interior (MININT) announced on Facebook that the operation was carried out in compliance with bilateral migration agreements, specifying that the group was made up of 88 men and 28 women.
With this new deportation, the total reaches 302 individuals sent to Cuba from U.S. territory in the first two months of 2026, according to official figures.
In addition to Thursday, February 19, another one took place on February 9. On that day, 170 migrants were deported to the island.
However, authorities have indicated that the accumulated figure stands at 302, which implies that there are 16 additional cases not publicly detailed in the available reports.
The flight on February 9 had a significant distinction: it was the first time that, according to information from the U.S. government, it included individuals with convictions for serious crimes such as murder, rape, kidnapping, and drug trafficking.
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