The United States Department of Homeland Security (DHS) filed charges on Tuesday against a federal judge in Florida for ordering the release of Maikel Guerra Morales, a Cuban who served 22 years in prison for participating in the hijacking of a plane in 2003 to escape from Cuba, and whose deportation remains blocked.
In an official statement, the agency referred to the judge John E. Steele of the Middle District of Florida as an "activist judge" and stated 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 undersecretary of the DHS, Lauren Bis, harshly criticized the ruling. "This activist judge forced ICE to release an illegal immigrant with a criminal record, sentenced to 22 years in prison for hijacking a plane, and return him to American communities," she stated.
The official also stated that the decision represents "another example of an activist judge trying to frustrate President Trump's mandate, given by the American people, to expel illegal immigrants with criminal records from our country."
The hijacking of the plane
The case dates back to March 19, 2003, when Guerra Morales was part of a group of at least 12 Cubans, led by his brother Alexis Norniella Morales, who hijacked a DC-3 Aerotaxi plane shortly after taking off from Nueva Gerona, on the Isle of Youth, headed for Havana.
On board were 37 people. According to the charges, the hijackers assaulted crew members and forced the pilot to divert the aircraft to Key West, Florida, where it was escorted by National Guard fighter jets until landing. None of the passengers were injured.
Subsequently, Guerra Morales was sentenced to 264 months (22 years) 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 ruling, Steele based the release on the precedent set by the Supreme Court in Zadvydas v. Davis (2001), which prohibits the indefinite detention of immigrants when their deportation cannot be carried out within a reasonable timeframe.
"The law is clear on this matter. The Government cannot confine individuals to a cell indefinitely as an alternative solution to a stalled deportation process," wrote the magistrate.
The judge emphasized that more than three years have passed since the deportation order was issued on March 1, 2023, and more than 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: more than 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 detained again if the government manages to find a country willing to accept him.
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