The Cuban-American lawyer Willy Allen III explained this Friday, on his weekly program at CiberCuba, the key legal distinction behind the new U.S. government policy that revokes passports from parents with unpaid child support debts. “Revoking a passport is not the same as, for example, revoking citizenship. It only removes the right to travel outside the country.”
The measure, implemented this Friday by the Trump Administration, is legally based on a law from 1996 signed by President Bill Clinton. In its first phase, it affects approximately 2,700 passport holders with debts of $100,000 or more, with plans to expand to debts starting at $2,500, which could impact thousands of additional individuals.
Allen III, a regular contributor to CiberCuba, expressed his full agreement with the measure. "If someone has the money to travel inside or outside the United States; to go on vacation to another country, they have the money to support their children."
The lawyer emphasized that the revocation does not alter the citizenship or the immigration status of the holder. "It does not take away citizenship, it does not change the status. It is merely a punishment for failing to pay child support."
Regarding the practical consequences, Allen III clarified that anyone whose passport is revoked will not be able to apply for a new one until the debt is cleared. "We are going to revoke the passport and you cannot apply for a new passport until you pay your debts."
In response to the question of what happens if someone is abroad—such as in Cuba—when the revocation occurs, Allen III explained that the measure would take effect upon returning to the United States, and that the person could apply for an emergency document at embassies or consulates to return to the country.
A common question within the Cuban community is whether the U.S. government can know if someone has children in Cuba. Allen III was straightforward: "The United States can only enforce its laws on individuals within the United States."
However, he clarified that if there is a formal child support order registered in U.S. territory, the government will have access to that information through coordination between the Department of State and the Department of Health and Human Services. "If someone abandoned their child in the United States and has a child support obligation, our government will know and will take away their passport."
The young lawyer, son of the prestigious Cuban-American attorney Willy Allen, also addressed a recent judicial decision regarding the right to bail for individuals detained for immigration, who entered without inspection, although he clarified that he had not yet been able to read the full decision.
Allen III pointed out that this resolution creates an inconsistency with the legal argument of the holders of the I-220A form. "The argument for I-220A is that they were inspected and admitted to the country. It's not that they were not inspected. So, it’s another inconsistency that raises further doubts in the government's arguments." More than 300,000 Cubans are in the I-220A situation.
At the beginning of the program, Willy Allen III also celebrated the victory of attorney Liudmila Marcelo, who managed to obtain a residency for an I-220A case in the Orlando court.
Related to this topic, the lawyer mentioned that a judge in El Paso is also granting residencies based on the same argument. Although the government could appeal these decisions, he described the outlook with optimism: “Little by little we are dismantling and destroying the government's argument. Battle after battle. Gradually, we are winning,” he concluded.
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