Immigration attorney Willy Allen warned that any Cuban raftsman who sets foot on U.S. soil is excluded from the Adjustment Act because they are not processed with a parole, a necessary requirement to benefit from that legislation.
"Any Cuban balsero who touches land is not eligible for the Cuban Adjustment Act because they will not be processed with a parole. They can be detained and must undergo a full asylum hearing while in custody," Allen explained during his weekly program with journalist Tania Costa on CiberCuba.
The lawyer explained that those who seek asylum after entering irregularly face an even steeper uphill battle. "Those who request asylum after entering illegally in this way have to fight and win an asylum case that they will be told will be more difficult because they entered as rafters."
For those intercepted before reaching land, the situation is more straightforward. "At sea, they will be returned to Cuba," Allen replied to a viewer's question.
The Cuban Adjustment Act, in effect since 1966, requires that the applicant has been inspected, admitted, or granted parole, in addition to establishing one year and one day of physical presence in the United States. Since they are not processed with parole but are detained directly, the rafters are excluded from this pathway.
This situation is set against a backdrop of high uncertainty in migration. On June 5, federal judge John McConnell of Rhode Island issued a 135-page ruling ordering the lifting of the migration pause imposed by the Trump Administration and the resumption of asylum processes for nationals from 39 countries, including Cuba. However, Allen cautioned that the legal battle is far from over.
"With this government, I take nothing for granted, but if I listen to what Stephen Miller said, I believe the government will appeal," noted the lawyer, who also warned about the lies that can ruin an asylum case.
During the same program, Allen responded to questions about the deportation of Cuban dissidents. "I do not know of any dissident who has been deported to Cuba. Can it happen? It can happen, but at this moment I do not know of anyone who has been deported to Cuba," he stated, although he acknowledged that the possibility exists.
Tania Costa mentioned cases of Cubans in delicate situations such as El Funky, whose case has been resolved; Oscar Casanellas, awaiting asylum; and Yosmany Mayeta, who now has two lawyers.
Allen also addressed the inquiry from viewer Isabel Rodríguez, who has been waiting for her residency for over a thousand days without having received parole.
Regarding the deeper impact of current immigration policies, Allen was emphatic. "The greatest damage this government is causing is creating a lack of respect for our own government, for what our system represents."
The immigration pause that Judge McConnell ordered to be lifted had been in effect for over five months since November 2025, impacting asylum applications and status adjustments for Cubans and nationals from 38 other countries. Allen was clear about what lies ahead. “At this moment, I believe we are still fighting.”
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