Yaima de las Mercedes Suárez, a Cuban mother of five minor children —three of whom have autism— and a permanent resident of the United States, was arrested by ICE at Miami International Airport upon returning from a trip to Cuba.
The Cuban now faces possible deportation due to a criminal record from over a decade ago.
The trip had a strictly family-oriented purpose: for the grandmother to meet her granddaughter and to bring flowers to the grave of Yaima's father, who had passed away before she could say goodbye to him.
His wife, Yankiel Suárez, stated that they did not foresee any issues. "My wife traveled to Cuba thinking that there was no problem at all because she even revalidated her residency," he declared before the cameras of Noticias 23 de Miami.
The reason for the arrest was a criminal record from July 2013. When Yaima was 21 years old and pregnant, she was accused of fuel theft along with four others in Manatee County, Florida, facing charges of conspiracy and theft.
According to her family, she pleaded guilty to avoid giving birth in prison, as she was about to deliver her eldest daughter.
The journalist Javier Díaz explained that for years, Yaima did not have any other background. "Her criminal record has remained clean until this year, but the lawyer representing her claims that she should not have left the country without consulting." They are now working on several legal fronts to prevent her deportation.
"We have focused on trying to request a bail, arguing that she is not subject to mandatory detention," the lawyer explained.
The law firm also explores a writ of habeas corpus as an alternative means to challenge the legality of the detention before a federal judge.
One of the most significant legal limitations in the case is that Yaima had not accumulated the necessary years of residence to apply for cancellation of removal.
"Unfortunately, she had not yet accumulated the 15 years. If she had, we could have asked for a pardon," her lawyer lamented.
Under the Immigration and Nationality Act, permanent residents with convictions for offenses such as theft and conspiracy may be deemed deportable upon re-entering the country, as each entry is considered a new application for admission.
This means that criminal records that had not caused problems for years can become an issue at the time of reentry, even if the person has renewed their residency card.
The case is set against the backdrop of the tightening of immigration policies under the Trump administration, which has intensified controls at airports and prioritizes the detention of permanent residents with criminal records, even past ones.
Cuba is also listed among countries deemed non-cooperative by ICE since December 2024, which increases scrutiny on those returning from the island.
Javier Díaz warned that Yaima's case is not isolated. There are more permanent residents detained who left the country and upon returning were arrested at an international airport or by another entry point to the United States.
Yankiel Suárez, who is now in charge of his five minor children, issued a warning to the community: "I advise everyone to take great care and not to go out unless they are citizens."
Yaima is due to appear at a court hearing on April 6, and her immigration lawyer remains hopeful that she will be granted bail and not face deportation.
Filed under: