The U.S. Department of Homeland Security (DHS) criticized a federal judge in Florida on Tuesday for ordering the release of Maikel Guerra Morales, a Cuban who served 22 years in prison for his involvement in the hijacking of an airplane in 2003, and whose deportation remains blocked.
In an official statement, the agency labeled Judge John E. Steele from the Middle District of Florida as an "activist judge," asserting that his decision contradicts the immigration policy promoted by the administration of President Donald Trump.
Steele, appointed by former President Bill Clinton, ordered on July 8 that Immigration and Customs Enforcement (ICE) release Guerra Morales within 24 hours under immigration supervision and with an electronic ankle monitor. The Cuban regained his freedom on July 10, when he was welcomed by his mother and older brother.
The acting deputy secretary of the DHS, Lauren Bis, harshly criticized the ruling.
"This activist judge forced ICE to release an illegal immigrant with a criminal record, who was sentenced to 22 years in prison for hijacking a plane and returning it to American communities," he stated.
The official also stated that the decision represents "yet another example of an activist judge trying to thwart President Trump's mandate, granted by the American people, to expel illegal immigrants with criminal records from our country."
The hijacking of the airplane
The case dates back to March 19, 2003, when Guerra Morales joined a group of at least twelve Cubans, led by his brother Alexis Norniella Morales, who hijacked a DC-3 Aerotaxi plane shortly after taking off from Nueva Gerona, on the Island of Youth, heading to Havana.
There were 37 people on board. According to the accusation, the hijackers assaulted crew members and forced the pilot to divert the aircraft to Key West, Florida, where it was escorted by Air National Guard fighters until landing. None of the passengers were injured.
Subsequently, Guerra Morales was sentenced to 264 months in federal prison for air piracy and interference with the crew of an aircraft, while his brother, identified as the leader of the hijacking, received a 24-year prison sentence.
The judge's decision
In his resolution, Steele based the release on the precedent set by the Supreme Court Zadvydas v. Davis (2001), which prohibits the indefinite detention of immigrants when their deportation cannot be executed within a reasonable timeframe.
"The law is clear on this matter. The Government cannot confine individuals in a cell indefinitely as an alternative solution to a stalled deportation process," wrote the magistrate.
The judge highlighted that more than three years had passed since the deportation order was issued on March 1, 2023, and over six months since ICE re-arrested Guerra Morales in December 2025, without the government presenting a concrete plan for his expulsion or demonstrating that Mexico was willing to accept him.
Additionally, he recalled that in May 2022 an immigration judge granted him protection under the Convention Against Torture, considering that he could face inhumane treatment if returned to Cuba, which prevents his direct deportation to the island.
After regaining his freedom, Guerra Morales stated in an interview with Telemundo 51 that he does not regret having hijacked the plane to leave Cuba.
"I do not regret the way I came, because I came for freedom and that was my dream. But I regret that my youth has been this way: over 20 years imprisoned," he expressed.
Despite the court order, the DHS stated that it will continue to defend the detention and deportation of immigrants with criminal records who remain illegally in the United States. Meanwhile, Guerra Morales will remain under ICE supervision and could be re-detained if the government is able to find a country willing to accept him.
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