Several Cuban citizens were detained on Wednesday by ICE agents after attending routine hearings in the immigration court in downtown Miami, where they hoped to move forward in their legal proceedings.
The arrests, conducted by plainclothes officers, took place in the hallways of the court immediately after the judges dismissed their cases, in an operation that also resulted in the capture of at least two other individuals, one of whom is of Colombian origin.
Reporters from the Miami Herald observed how agents positioned themselves for hours inside the building, waiting for the hearings to conclude before taking action.
The case of the first Cuban: Between the hope of residency and detention
One of the arrested men was a Cuban who had appeared before Judge Rico Sogocio.
During his hearing, the judge indicated that he needed to request a parole document as part of his process toward legal residency, based on the Cuban Adjustment Act, which allows for residency applications after one year and one day in the country.
The man explained that he had already started the process, but that he only had a Form I-220A, a document that is typically issued upon crossing the border and is not valid for applying for a "green card" under that law.
As he was leaving the room with his wife and daughter, he was approached by several ICE agents who informed him that he would be detained.
His wife and daughter, who requested to remain unnamed, told the mentioned news outlet that the man needed medication for his diabetes and was still in the midst of his immigration process.
"He is not illegal. I want to understand", his visibly distressed daughter would say. An officer promised to call her before the end of the day to provide information, while another indicated that the detainee would be processed at the ICE offices in Miramar.
A second case
Moments later, another Cuban man who crossed the border with Mexico in 2021 was also handcuffed.
The judge closed his case at the government's request, which put an end to his pending asylum application.
During the hearing, the judge suggested that he hire a lawyer and indicated that his case could be referred to the Office of Citizenship and Immigration Services (USCIS). However, shortly after, ICE arrested him.
Local 10 also referenced the arrest of a young man who is only 22 years old.
"At first, when his son's case was dismissed, his father assumed it was a positive first step towards legal residency. But the longed-for pardon soon turned into a nightmare," reported the cited media outlet.
"My world has collapsed," said the father, breaking down in tears.
The man, who requested to remain anonymous for fear of being arrested, described his son as a good boy who rarely left their home in Miami, except to go to work.
"We thought that coming here was a good thing", he said about his son's appearance in court.
A broader strategy: Arrests nationwide
These incidents are not isolated.
The Miami Herald confirmed that these arrests in Miami are part of a series of similar operations conducted in immigration courts in other cities such as New York, Las Vegas, Phoenix, and Los Angeles.
Although arrests in courts are not new, they have traditionally focused on individuals with criminal records.
This new wave marks a concerning shift: people with open legal proceedings and no criminal record are being arrested.
In all cases on that Wednesday in Miami, the Department of Homeland Security (DHS) requested that immigration judges dismiss the deportation cases.
"An immigration judge reviewed the DHS's motion to dismiss the proceedings and agreed that it was appropriate in these cases," stated an ICE spokesperson.
This allowed the arrested individuals to be immediately subjected to expedited deportations—a process that does not require the intervention of a judge.
"The arrest is justified if there is a final deportation order," added the spokesperson.
"All foreigners who violate U.S. immigration law may be subject to arrest, detention, and, if there is a final deportation order, removal from the country," he concluded
The critical voices: “A betrayal of due process”
Reactions to these arrests were swift.
“All of this is to expedite arrests and streamline deportations,” said immigration attorney Wilfredo Allen in statements quoted by Local 10, who has represented migrants in Miami court for decades.
Kelli Stump, president of the American Immigration Lawyers Association, described the operations -in statements quoted by the Herald- as "a flagrant betrayal of basic fairness and due process."
"This corrupts our immigration courts, transforming them from forums of justice into cogs in a machinery of mass deportation," he added.
Ira Kurzban, a renowned immigration attorney in Miami, went further: “They are neither a flight risk nor a public threat. They are simply being subjected to mandatory detention nationwide, not just here, to force them to give up their rights and self-deport, or to keep them detained, which satisfies the administration's desire to fill all those detention centers.”
A new directive: Deportations without a hearing
According to several attorneys interviewed by the Herald, the root of this new practice lies in a memorandum issued in January by the DHS, instructing agents to consider expedited deportations for individuals with less than two years in the country.
"Take all necessary measures to review the case of the foreign national and consider, when exercising their discretion, whether to apply expedited deportation. This may include the termination of pending processes," the document states.
This measure, combined with a recent decision from the agency that oversees immigration appeals, allows for the mandatory detention of newcomers, including those who entered under humanitarian programs such as humanitarian parole.
Legal advice and prevention
Antonio Ramos, immigration lawyer with an office in the same building as the court, advises migrants with ongoing cases to request virtual hearings.
"However, the agents already know exactly whom they are going to arrest and have arrest warrants in hand," he explained.
He also pointed out that the operations are led by special groups that include personnel from agencies such as the FBI and the U.S. Marshals Service.
Conclusion: Uncertainty as Policy
The scenes witnessed in the Miami courtroom this Wednesday not only depict a more aggressive immigration offensive but also a legal system that, instead of providing protection, becomes a trap.
The cases of the detained Cubans—adding to an unclear number of arrests made this Wednesday—exhibit a troubling pattern in which spaces of justice are used to facilitate immediate arrests and deportations.
Frequently Asked Questions about the Detention of Cubans by ICE in the U.S.
Why is ICE detaining Cubans with ongoing immigration processes?
ICE has intensified the detention of Cubans who have ongoing immigration processes, claiming that those with previous deportation orders or documents such as the I-220A may be subject to expedited deportation. This practice has become common during routine immigration appointments, raising concerns within the Cuban community in the U.S.
What is Form I-220A and how does it affect Cubans?
The I-220A form is a "Notice of Release on Recognizance" that allows for the release of individuals from federal custody under certain conditions. This document does not confer official legal status or immigration benefits, leaving beneficiaries in a state of legal uncertainty. Many Cubans with this form are not eligible to adjust their status under the Cuban Adjustment Act, complicating their regularization processes.
What are the consequences of ICE arrests for Cubans in the U.S.?
ICE's detentions have generated fear and uncertainty among Cubans in the U.S., who face the possibility of immediate deportation and separation from their families. Additionally, these actions are seen as a betrayal of due process, as many of those detained have no criminal records and were complying with their legal obligations.
How are lawyers and human rights organizations reacting to these detentions?
Lawyers and human rights organizations have strongly criticized these detentions, labeling them as a violation of due process and an attempt to instill fear among immigrants. Lawyers are working to defend those detained and have advised migrants to seek specialized legal counsel to protect their rights.
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