Are you afraid of being deported? What you should know about the resumption of ICE flights to Cuba

The Government of Joe Biden will resume the deportations of Cubans to the island "in the coming weeks", as confirmed by two federal officials to NBC News, when the Immigration and Customs Enforcement Service (ICE) begins to locate

with final orders of deportation with which the first planes sent to the island will be filled.

“

,” Cuban Vice Foreign Minister Carlos Fernández de Cossío said at a press conference on November 15, according to the news agency France-Presse.

The deportations, he indicated, will be of "migrants who are considered inadmissible" in the United States, but, he said, it remains to determine "the terms, the conditions, the time for these flights", which, as he explained, will be carried out regularly within the negotiations. bilateral agreements for a “safe and orderly” migration.

Two Cubans after crossing the border on November 3. Gregory Bull / AP

[USA.

takes measures to control Venezuelan migration]

Noticias Telemundo spoke with two immigration lawyers

to answer questions about this measure.

His responses have been lightly edited for clarity and length.

🟩

What is known about the reactivation of deportations to Cuba?

Miguel Inda Romo, Florida based attorney:

"Although there is nothing official from the Government of Cuba or the United States, various sources from the US government have said that, in the coming days and weeks,

, which is the first step to be able to apply for asylum. 

They are the people who arrive at the border, have this interview done and are not accepted or are not found credible due to a fear of past or future persecution of returning to Cuba.

These trips were made before in the Obama Administration in 2017 and stopped when the problem of COVID-19 began."

Alma Rosa Nieto, lawyer based in California:

"The government is up to its nose in water with everything that is happening on the border, not only with Cubans but with many Latin American countries. They can no longer find a way to stop the flow. They are , I call it, drowning kicks to try to do something to discourage people who want to come.

It is a measure that is not going to correct the problem,

that this government is taking."

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🟩 What should people who want to apply for asylum at the border know?

Alma Rosa Grandson:

"It is very important that they are prepared with credible testimony and a credible story of what happened to them in their country and why they leave there. If a person has viable asylum, they have credible testimony and even evidence with them and when they interview them they can say in many ways that yes, they are indeed persecuted in their country for political, religious, nationality or race reasons, then they would be allowed to request asylum in the United States".

Miguel Inda Romo.

"We don't recommend anyone come to the United States, but for people who are coming to the border it's going to be much more difficult to prove (credible fear).

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Saying that Cuba is bad and that there is no electricity and food is not going to qualify you for political asylum.

🟩 How does the process work at the border?

Alma Rosa Grandson.

"It varies according to the official and the port of entry, and it varies according to the circumstances of the case, the individual who is presenting himself and also even the country. 

So there is a lot of irregularity.

They are not applying the process uniformly.

Although they are all trained in the same way, each officer applies that discretion differently.

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Then an officer can say 'I don't believe you' and it's over and there's no chance to fight an asylum case.

Another officer may say 'well I'm not sure if I believe you or not I'm going to let a judge look at it'.

So it varies from officer to officer who is interviewing for credible fear."

Miguel Inda Romo.

"One has the right to request an appeal of the officer's decision and many times you can see a judge, but it is at their discretion. Honestly, when you arrive at the border

. 

It is very important that they are prepared with a credible testimony and a credible story of what happened to them in their country and why they leave there."

Alma Rosa grandson immigration attorney

One can try to argue, try to get them to give you an appeal.

I have seen cases that have gone before the judge and others that have not, which automatically give them a deportation order.

Basically right now it's a matter of luck which officer got you and how they prosecuted you.

Sadly it is the reality.

🟩

There is fear and uncertainty among Cubans within the United States.

Who could be deported?

Alma Rosa Grandson.

"I don't know because they haven't given who's protocol yet, but it's supposed to be people who don't meet the asylum requirements in the first instance. 

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Perhaps it is also some cases that have already fought for their asylum and have been denied it.

So they are ready to be deported and before they could not be deported and now they will be able to do so with this new rule."

Miguel Inda Romo.

"The speculation is that anyone who has what's called an I-220B (Supervision Order, according to the official form). Most have deportation orders because they were detained or lost an asylum case.

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So the danger and the fear that the whole world has is that not only are the people who are entering through the border, but that this agreement (between Cuba and the United States), of which not all the details are known, includes people who they've been here for a long time.

My inclination is to think not, but when you have a deportation order, anything is possible."

🟩 What is the difference between I-220B and I-220A?

Miguel Inda Romo.

"(With the I-220B) that person had a court process, lost his case and has been reporting to Miramar, here in Miami, or in any center that is in the United States. 

, he wants say you have a deportation order and are under ICE supervision. 

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The I-220A (Provisional Release Order or Order of Release On Recognizance) are people who entered the country, have a pending procedure, have supervision, but are not under a deportation order, it is simply to know if you went to your court , to watch you because you were released on parole. 

Those who have not had a court process have an I-220A

, those who have already had a court process and sadly did not win their case have an I-220B."

🟩

How can someone know if they have a deportation order?

Miguel Inda Romo.

"Some have a deportation order because they had a court and they did not know it and they did not go. Many do not even know that they have a deportation order, but it can be verified.

We recommend that you make an appointment with a lawyer, even if you have a deportation order, to see your options. 

The US Coast Guard has intercepted many migrants at sea as others try to cross overland at the southern border. Mary Martin / AP

Maybe you are married to a citizen or maybe you missed court and your case can be reopened.

All cases are different.

What I don't want is to cause chaos, but it is a good time to go see a lawyer."

Miguel Inda Romo Immigration Lawyer

We don't want to alarm people.

Until now it has not been said that people with I-220B who have been in the country for a long time are going to be deported, is it a possibility?

Obviously it could happen.

What I don't want is to cause chaos, but it is a good time to find a lawyer and see what options he has to get rid of that deportation order and finally live in peace."

🟩

According to your experience, what documents are you delivering to the people you release at the border?

Miguel Inda Romo.

"What I'm seeing, so far, is that 50% are coming out with a 60-day

, which will probably make them eligible for the Cuban Adjustment Act. And the others are coming out with the I-220A, which it can cause you problems in the future because it is in litigation to determine if that is a

or not, and some judges have said yes, but immigration has not accepted it.

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Some are given an NTA (Notice to Appear), others are not, but that can be achieved on the first day of the court."

🟩

What are the requirements to apply to the Cuban Adjustment Law?

Miguel Inda Romo.

"He has to prove that he is Cuban, that he has been in the country for more than a year and one day, and the most important thing is that he has a mission, which means that he entered through an airport or a border point and was admitted or given a

.

Most of those who are entering now do not have a mission, because they are not coming through a border bridge or through the airport with a visa, but rather they are entering irregularly.

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50% are receiving what is called a

, which is like a permit to be in the United States and under the Cuban Adjustment Act anyone who has a

, even for one day, is eligible.

Who does not apply for this?

Many of those who have I-220A or I-220B.

If you have a deportation order under I-220B or entered illegally, you cannot apply to your residence until you reopen your case."

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