Detentions of holders of the I-220A form by the Immigration and Customs Enforcement (ICE) continue, even when it involves mothers with young children who have no criminal records.
The immigration lawyer Liudmila Marcelo, in an interview with Tania Costa for CiberCuba, explained what real options are available to those who are summoned to report and what consequences arise from not showing up.
The case that highlights the severity of the situation is that of Tania Romero Naranjo, a 24-year-old Cuban detained by ICE on June 26 in Portland, Texas, while attending a routine check-in appointment. Her three-year-old son, a U.S. citizen, was left in the care of his father, Javier Díaz.
Marcelo noted that this type of detention is primarily concentrated in Texas, where it occurs almost daily. "These incidents almost always happen in San Antonio, Houston, or El Paso," he stated.
In contrast, he described the ICE office in Miramar, South Florida, as comparatively quieter: "Miramar has been quite calm lately. I can't guarantee you 100%, but when you compare Miramar to Texas, it's super different. There, almost every day, they arrest one or several people."
However, the lawyer was clear that no holder of an I-220A can predict how their reporting appointment will end: "There is definitely nothing that can tell you whether you will leave that day from the report on a good or bad note."
In response to the question of what someone should do if they receive a summons from ICE, Marcelo was clear: there is no option to skip the appointment. "You can't do anything because if you miss your reporting appointment, unless you have a strong medical justification, you're also violating the conditions under which you were released on parole, because the I-220A indicates that you are free on parole," he explained.
Missing the appointment also reinforces ICE's position: "If you fail to comply with this, then they have, yes, they now have something to stop you with, even though they didn't have it before, they would have acted the same way, but now they have a stronger cause."
If the arrest occurs, the process becomes considerably more complex.
According to Marcelo, the detained person must first request a bail hearing to determine if they qualify for release. If this avenue is unsuccessful, they will have to defend their asylum case while remaining in custody, and if they lose, the appeal will also be processed while detained.
The lawyer openly questioned the logic behind these arrests: "What is the need to detain a person who also has small children, a woman who has not committed any crimes, when you have others who perhaps have committed crimes, who have indeed violated the terms of their release on parole?"
It is important to remember that having a child who is a U.S. citizen does not automatically protect parents from deportation; the child can only apply for residency for their parents when they turn 21.
Marcelo also addressed the situation of CBP One holders, describing three distinct scenarios. The most favorable is that of those who have already applied for residency and whose judge has closed the court case, as they patiently await approval. A second group has applied for residency, but the judge did not close the case until receiving it, so they await the date of the final hearing.
The third scenario is the most critical: "The worst situation is for those who have judges that have granted them asylum and now have an upcoming court date, yet they have not received their residency. The judge does not want to close the court, and now they will find themselves in the position of having to defend their asylum while holding a parole." This happens because the judge lacks jurisdiction to process the residency directly, a situation that, according to Marcelo, occurs with particular frequency in Texas.
Between 400,000 and 500,000 Cubans remain in the United States under the I-220A form in a state of immigration limbo, while the detentions of Cubans by ICE increased by 463% between late 2024 and early 2026.
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