The Florida lawyer, immigration expert, Willy Allen believes that the attempted entry into Cuba aboard a boat with weapons, which was shot down by regime border guards under Díaz-Canel in the area of Cayos Falcones, Villa Clara, could lead to the deportation from the United States for the crew members of the vessel who had a legal resident status in the country.
"The United States has a Neutrality Act, and since the 1970s to the present, Cubans attempting to leave with armed boats towards Cuba have been detained and have paid a price in federal prisons in the United States. Here are individuals we have represented who were charged with possession of weapons and actions against Cuba here in the United States, and they faced charges here and served time in the United States," said the lawyer.
Ultimately, if they are returned to the United States, they may face charges against them, using as evidence the videos circulated by the press, in which they are seen carrying firearms. However, they may also be deported.
"It could cost them deportation. Just imagine, but who knows what might happen. It could also be that, look, they might not deport me to Cuba because I have protection, because they would punish me worse in Cuba, but they could be deported to another country," she noted.
"In any case, 'the American president and the American consulate have every right to visit them in prisons. Those who are American citizens, the American consul has an absolute right to visit them in the prisons of Cuba. If they are residents, he could also visit them, but he cannot remove the penalties that the Government of Cuba wishes to impose on them,' Allen added."
The decisive factor is not "what those Cuban-Americans attempted" in the boat, but rather the power triangle that now defines their fate. On one hand, the narrative and propaganda that the regime can create around this tragedy. Secondly, the legal and penal toolkit of the United States (Neutrality Act, arms, theft of vessel), and thirdly, the evidence published by local media that enhances the incrimination both in Cuba and in the U.S.
In this regard, Willy Allen identifies three plausible hypotheses regarding the origin (manipulated operation, reckless local venture, or genuine attempt at insurrection), but converges on an operative fact: without cooperation from Havana, the FBI will only be able to investigate in a limited manner, while with cooperation, it can go further.
The strategic consequence is that the detainees will likely be exploited in show trials in Cuba and, as part of a bilateral negotiation, could be returned; upon re-entering, they are exposed to federal/state prosecution and, if they are permanent residents, to deportation (not necessarily to Cuba) depending on how the crimes are documented.
The audiovisual material disseminated in Miami serves as incriminating evidence for both sides, increasing the criminal risk and the severity of penalties, Allen concluded, referring to the boat that was shot down on February 25th in the cays north of Villa Clara, near the municipality of Corralillo.
As a result, there were 4 fatalities and 6 injuries inside the boat. There is a seventh injured individual among the regime's border guards.
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