A federal court in Miami will hear arguments on Thursday in a case that could have significant consequences for the Cuban community in the United States: 992 migrants are seeking to establish a pathway for those who received an I-220A form to qualify for the Cuban Adjustment Act, as reported by the agency EFE.
The hearing for the case “Bello-Rubio vs. Department of Homeland Security” will take place before Judge Jacqueline Becerra of the Southern District of Florida, and it could set a precedent for between 500,000 and 600,000 Cubans who remain in a migratory limbo, according to estimates cited by the advocates of the litigation.
At the center of the dispute is the I-220A, a "Notice of Conditional Release" that many Cubans received after being processed by immigration authorities upon entering the United States.
The lawsuit seeks to determine whether the circumstances under which those migrants were released can be legally recognized as parole, a requirement that would allow many to apply for permanent residency under the Cuban Adjustment Act of 1966, provided they meet the other legal conditions.
The federal government maintains that the I-220A does not constitute a parole and will request that the lawsuit be dismissed, among other arguments, due to the court's lack of jurisdiction to grant the requested remedies.
The hearing this Thursday, therefore, does not mean that hundreds of thousands of Cubans will automatically receive residency. It is an initial stage of a legal battle aimed at opening up that possibility for them.
A lawsuit seeking national scope
The lead attorney for the plaintiffs, Mark Prada, intends to have the lawsuit certified as a class action, which could extend the reach of a potential favorable decision to other Cubans who have been processed in a similar manner.
"We are trying to certify a national collective of all Cubans under various definitions, based on how they were processed at the border, because there were many different things happening," Prada explained to EFE.
The lawyer acknowledged that even a victory in this phase would not immediately resolve the immigration situation of those affected.
"After that, you have to apply for residency and win that whole battle, but it's the least you can do to give these people a chance," he noted.
The hearing was postponed twice: it was originally scheduled for August 26, then moved to September 2, and finally set for this September 10.
"A deportation would mean dying while alive."
Behind the legal battle are thousands of families who have been without a definitive immigration solution for years.
A Cuban identified as "Alan," who has been living in the United States for five and a half years, told EFE that his wife received an I-220A after crossing the border four years ago. They both live in fear that a deportation could end up separating the family.
"It's complicated because you feel bad, disappointed, frustrated, and very scared," he recounted.
For Alan, being forcibly returned to Cuba would have devastating consequences: “Deportation would be like dying while alive.”
The case also comes amidst a tightening of immigration policies under the Donald Trump administration and uncertainty for many Cubans without permanent residency.
An analysis by the Cato Institute indicated that arrests of Cuban citizens by ICE increased significantly during the first year of Trump's current administration. Meanwhile, data from TRAC at Syracuse University recorded 1,642 deportation orders against Cubans in June 2026.
While the litigation progresses in the courts, Congressman Mario Díaz-Balart has assured that he continues to make efforts to find a solution for the situation of Cubans with I-220A and has expressed his opposition to their deportation to Cuba, according to an interview granted to Telemundo 51.
For thousands of Cubans who have been waiting for years for an answer, this Thursday's hearing may not necessarily end the migratory limbo, but it can become a decisive step in determining whether they will finally have the chance to benefit from the Cuban Adjustment Act.
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