Cuban nationals with deportation orders: what happens if ICE wants to send you to a third country and how to protect yourself

Having a final deportation order does not mean that the plane departs tomorrow, nor that it will be headed to Cuba. Many Cubans with deportation orders continue to live in the United States under the supervision of ICE (Immigration and Customs Enforcement). Additionally, the government now has a tool that worries many of them: the option to send them to a third country, that is, to one that is not their own.

On September 29, the Supreme Court allowed the government to continue implementing its deportation policy to third countries while the case is being thoroughly reviewed. The oral hearing is scheduled for December 9.

Meanwhile, what matters is the guidance from the Department of Homeland Security (DHS), and that guidance has a crucial detail: the officer will not ask you if you are afraid to go to that country. You have to say it yourself.

In this guide, we explain to you, with data as of this Sunday, October 25th, how these deportations work, what is at stake in the Supreme Court, and what you can do to protect your case.

Deportation order is not the same as deportation

One thing is for an immigration judge to order your deportation and another is for the government to carry it out. To deport someone, ICE needs another country to accept them and, generally, travel documents. When this does not happen within the timeframe set by law, the person is usually released with a supervision order, Form I-220B.

The official I-220B form published by ICE explains that it is issued because the agency has "not executed" the deportation within that timeframe. Among other obligations, it requires:

• You must present yourself in person whenever ICE requests it.
• Notify in writing of any change of address or employment 48 hours in advance.
• Do not leave the specified geographic area for more than 48 hours without notifying and obtaining approval.
• Collaborate with ICE to obtain the necessary travel documents.
• Comply with the Alternatives to Detention program if you are enrolled, which may include electronic monitoring.

In other words, the order remains in effect. What changes with the policy of third countries is that Cuba no longer needs to accept the person for ICE to deport them.

What is a deportation to a third country?

Deportation to a third country involves sending someone to a country other than their own. It is not something new in the law.

The regulations for immigration courts, in the section 1240.10 of the Code of Federal Regulations, stipulate that the judge must identify in the record one or more alternative countries in case the designated country does not accept the person or does not respond in a timely manner. It also adds that, for these alternative countries, prior acceptance is not required.

What changed in 2025 is the way it is applied: the government began to use this approach much more broadly, including with individuals whose deportation orders were issued years ago. CiberCuba has reported, for example, the case of a Cuban deported to Mexico after living 55 years in the U.S.

What does the DHS guide say about third countries?

The rules that apply today are found in the DHS guide dated March 30, 2025, concerning deportations to third countries. Its content is described in the ruling of the First Circuit Court of Appeals dated September 18. In summary:

• With diplomatic guarantees: if the destination country provides guarantees that the individual will not be persecuted or tortured and the State Department considers them credible, deportation can be carried out "without the need for further procedures."
• No guarantees: DHS first informs the individual from the country to which they will be sent.
• Fear must be expressed: the officials "will not ask" if the person is afraid of going to that country. Only those who express it on their own initiative will proceed to a fear interview with USCIS (U.S. Citizenship and Immigration Services).
• Short deadlines: USCIS will generally conduct that interview within 24 hours following the referral, and it may be done remotely. A subsequent memorandum, dated July 9, 2025, indicates that ICE will generally wait at least 24 hours after delivering the deportation notice before executing it.
• Result: If USCIS concludes that the standard is not met, the person is deported. If it is met, the case goes to immigration court or ICE may choose another country.

The interview evaluates two forms of protection: withholding of removal for those at risk of persecution in that country, and protection under the Convention Against Torture (CAT).

The battle in the courts and the Supreme Court

This policy has been in the courts for over a year, in the case known as D.V.D., initiated in Massachusetts. Here are the main steps:

1. April 18, 2025: a federal judge in Massachusetts issued a temporary injunction against these deportations.
2. June 23, 2025: el Supremo suspended that precautionary order mientras seguía el litigio. Las juezas Sotomayor, Kagan y Jackson discreparon.
3. February 25: the Massachusetts judge issued a final ruling and declared the deportations conducted under the guidance without notice or real opportunity to claim fear illegal.
4. September 18: The First Circuit essentially confirmed that ruling. It stated that the law requires effective notice and a real opportunity to assert fear of persecution or torture before deporting someone to a third country.
5. September 29: el Supremo suspended the Massachusetts ruling and agreed to review the case. Las mismas tres juezas habrían rechazado la suspensión.

According to the official case file in the Supreme Court, the government submitted its brief on Friday, and the oral hearing will take place on December 9. The court will decide, among other things, whether the guidance is legal and if the lower courts were able to grant nationwide protection.

What does this mean in practice: until the Supreme Court rules, the government can continue to apply the guideline. The ruling of the First Circuit does not protect you for now.

What can you do if ICE wants to send you to another country?

Nothing that follows substitutes for a lawyer, but these guidelines are based on how the process works today:

• If you are afraid, say it clearly and soon. The guide does not require the officer to ask you. Say that you are afraid of being sent to that country and explain why. If you do not say it, there will be no interview.
• Ask to speak with your lawyer immediately. Deadlines are measured in hours, not weeks. Keep their number memorized or written down, not just in your phone.
• Do not sign anything you do not understand. Request an interpreter if you need one.
• Prepare defenses before it happens. If you have reasons to fear certain countries, discuss it with your lawyer now, not when you are already detained.

If a family member is detained, you can search for them in the official ICE detainee locator. For this, it is advisable to have their A number (the alien number that appears on their documents) and their country of birth readily available.

What to do now if you have a deportation order

1. Confirm the status of your case. Con tu número A puedes consultarlo en el EOIR case information system, la oficina que dirige las cortes de inmigración.
2. Meet all the conditions of your I-220B. Missing an appointment or moving without notice can lead to your detention.
3. Consult with a lawyer to see if you have any available options. En algunos casos puede haber opciones como reabrir el proceso o pedir protección ante la corte. Si tu orden se dictó porque faltaste a la corte, lee nuestra guía sobre how to reopen a case with an order of deportation in absentia.
4. Make a family plan. Leave copies of your documents and your lawyer's contact information with someone you trust, and decide who will take care of your children or your affairs if you are arrested.
5. Stay updated on judicial news. Otros tribunales también están revisando las detenciones tras una orden final. El The Tenth Circuit limited the new arrests by ICE, aunque ese fallo no se aplica en Florida.

If your document is an I-220A and not an I-220B, your situation is different: we explain it in our guide on why the I-220A is not a parole.

Aviso legal: este artículo ofrece información general con fines exclusivamente informativos y no constituye asesoría legal. Las leyes y políticas migratorias de EE.UU. cambian con frecuencia. Para evaluar tu caso concreto, licenciado o un representante acreditado por el Departamento de Justicia.