Immigration lawyer John Dutton, from John Dutton Law PLLC in Houston, Texas, acknowledged that he cannot predict the future of the Cuban Adjustment Act in light of the U.S. government's immigration policy, although his colleague Johan de Rojas stated that, in his personal opinion, it will not experience negative changes in the short term.
Both were interviewed this week by Tania Costa on CiberCuba, where they explained the legal situation of Cubans with different types of immigration documents in that jurisdiction.
When directly asked if the Cuban Adjustment Act is at risk under the current pressure from the government, Dutton —through De Rojas as interpreter— responded cautiously: "That's a great question. I don't know what will happen in the future with the Cuban Adjustment."
De Rojas explained his colleague's stance and added his own: "He doesn't want to guarantee a future because he doesn't particularly know, depending on what happens between Cuba and the United States and with the people in the United States seeking to adjust their status under the Cuban Adjustment Act."
The lawyer was clear about the limits of the analysis: "I think, Tania, that in general there is no way to know. It would be like daring to read the future."
However, De Rojas did dare to give a personal assessment: "From my point of view, I don't believe that will happen at the moment. I don't think anything negative will occur with the Cuban Adjustment Act at this time," he said.
The main argument supporting that position is legislative in nature. "Many things would have to happen, as we all know, and it would take a long time and go through Congress for it to occur."
That point is key. The Cuban Adjustment Act, enacted in 1966, can only be modified or repealed by the United States Congress, as no president has the authority to eliminate it through executive order.
The biggest factor of uncertainty pointed out by John Dutton Law is the legal battle surrounding the I-220A form, a supervised release order by ICE that the federal government does not recognize as equivalent to the parole required by law to activate the right to adjust status.
The most relevant ongoing litigation is Bello-Rubio v. Noem, presented by 992 Cubans in the Southern District of Florida, seeking legal recognition of the I-220A as parole. The key hearing was postponed for the second time in Miami in September 2026, leaving thousands of Cubans in suspense while they await a resolution.
In July, judges in Orlando, New Orleans, and San Antonio granted residency to Cubans with I-220A, but the federal government appealed those decisions, putting them on hold.
Dutton and De Rojas's vision aligns with that of other specialists in the field. One of them described the Cuban Adjustment Act as "a cockroach that can survive an atomic bomb", emphasizing that it will not be eliminated in the short term, although they warned of practical risks for certain groups of Cuban migrants based on their entry methods and documentation.
The consensus among immigration attorneys consulted in 2026 indicates that the law is not facing imminent legislative repeal, but that the administrative and judicial environment poses real risks for holders of I-220A, whose fate will largely depend on how the courts resolve pending cases.
El futuro de la Ley de Ajuste Cubano y otros temas que afectan a los cubanos en Estados Unidos siguen en constante evolución. Mantente informado con nuestra sección de
To contact John Dutton Law:
https://www.emigrandousa.com
Teléfono 713 359 9302
WhatsApp 832 702 0225
Email info@houston-immigration.com
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