The immigration attorney Willy Allen III warned on the immigration program of CiberCuba how a deported Cuban attempting to return to the United States faces serious risks and the process is not straightforward in any of its possible scenarios.
"It's not easy. If a person has been deported and tries to return across the border, it's very likely that an agent will catch them and deport them again. They will be detained and deported once more," Allen explained during the interview conducted by Tania Costa.
The lawyer explained that even if the deportee manages to cross without being intercepted immediately, their situation remains precarious: they would enter with a I-220B form —a Supervision Order issued by ICE for individuals undergoing active deportation proceedings— and would be required to report to immigration authorities.
"And if they let him in, he enters with I-220B, he has to report to ICE with I-220B, and ICE can detain him and deport him or not," Allen clarified, emphasizing that in no case does returning guarantee legal stability.
The only avenue that Allen identifies as viable is that of error: if the original deportation was illegal or incorrect, there is the possibility of filing a habeas corpus in federal court to demand a return.
This situation has a recent and documented precedent. Alejandro Ramírez Díaz was deported to Cuba on March 19 despite not having a final deportation order, not having signed voluntary deportation, and having an appeal and a habeas corpus pending.
Her lawyer Gladys Carredeguas was adamant: "There was no legal way to have deported him to Cuba; he never signed a deportation."
The legal team filed an emergency habeas corpus, and the federal judge issued an order prohibiting the transfer, but the Department of Homeland Security ignored the order and executed the deportation anyway.
In the face of contempt, the judge ordered the U.S. government to bring Ramírez Díaz back from Cuba, cover all transportation costs, and grant him a migration parole. After 41 days on the island, the Cuban was able to return to the United States.
A parallel case was recorded on May 1st, when another deported Cuban in violation of a court order secured a federal judge's ruling for his return under parole.
These cases occur amidst a massive wave of deportations of Cubans under the Trump administration. It is estimated that at least 1,370 have been organized on direct flights to Havana during 2025 and more than 530 in the early months of 2026.
In the same program, Allen also addressed the status of the CBP-1 parole following a recent judge's ruling: "Technically, the parole is still in place overall, but as we know, they are sending letters on a case-by-case basis, person by person, revoking the paroles."
The lawyer, who has closely followed the legal battles surrounding the I-220A status, expressed cautious optimism about the direction of the lawsuits.
"Little by little, we are dismantling and destroying the government's argument. Battle after battle after battle. Little by little, we are winning."
Filed under: