LIMA, Peru – A hearing in the 11th Circuit Court of Appeals this Friday debated the consolidated cases of people released with I-220ª after their arrival in the United States. The analysis of several Immigration jurists points to a possible favorable ruling for the legal future of this group of migrants.
In interviews published by Cubanet and the journalist Mario J. Pentón, the lawyers Laura Jiménez and Ismael Labrador They were optimistic about what they described as a brilliant defense of their colleague Mark Prada in front of the Court.
Jiménez recalled that this appeal arises from some cases that were decided unfavorably by the Court of Immigration Appeals, and that were then appealed to the 11th Circuit. The appellant is the group of affected families and their counterpart the US Government.
“I wanted to convey this message that I believe has had many of you with a level of anxiety, waiting, and uncertainty for so long. I believe that now the time is approaching; because also, in my opinion, the chances of an appeal from the Government and, above all, of winning an appeal are extremely low,” commented Laura Jiménez.
The lawsuit is not against the US Government, although it is the counterparty, the lawyer clarifies. The claim is based on a legal interpretation of what is written in the law. “I am sure that the response will be positive,” said the lawyer about the Court’s next final decision.
Correspondingly, Mark Prada’s defense before the 11th Circuit focused on the fact that these people were given “the wrong piece of paper” and that, when detained under section 235, the correct mechanism upon release was not an I-220ª, but a 212(d)(5) parole.
A favorable final decision by the Court in this regard would have a direct impact on the possibility of migrants who currently have I-220ª to adjust their status, especially thousands of Cubans who could resort to the Cuban Adjustment Act.
“What is coming is something important. Let’s hope it is a positive decision, that the path is clear for all I-220ª; at least so that there is a path to legalization and they can obtain it without going to the asylum courts,” highlighted lawyer Ismael Labrador.
The judges at the hearing were “very upset” with this ambivalence that the Immigration Department has had during the Biden and now Trump administrations, Labrador said. This is because they have not followed an objective and uniform line with respect to the treatment they are going to give to people entering through the border or are arrested.
“If this result becomes positive, of course it will benefit many Cubans with I-220. Make it clear that we are in the 11th Circuit and only three states and Cubans who live in them will be directly benefited from this news,” Labrador stressed.
However, the lawyer noted that for the rest of the people in other states, the 11th Circuit’s decision could serve as a persuasive argument before their respective immigration judges.
End of family reunification program
Although the outlook for people with I-220ª is encouraging, the latest immigration news in the United States has been a strong blow to the Latino community in the country.
The United States Department of Homeland Security (DHS) announced this Friday the elimination of family reunification programs (Family Reunification Parole, FRP) for nationals of Cuba, Colombia, Ecuador, El Salvador, Guatemala, Haiti and Honduras.
The decision, which will be formalized in a notice in the Federal Register next mondayrepresents the closure of one of the main legal routes used by thousands of Latin American families to regroup in the United States.
According to DHS itself, the measure seeks to “end the abuse of parole humanitarian”, under the argument that these programs allowed the entry of foreigners with “insufficient verification” and that, in practice, they served to “bypass the traditional process of parole“. “He parole It was never intended to be used this way. We are returning to a case-by-case system, as Congress mandated. It is a return to common sense and the America First policy,” says the agency’s official communication.
The announcement represents a radical change in the immigration policy of the Donald Trump administration regarding family reunification mechanisms. The FRP was designed to allow early entry for family members of U.S. citizens and legal permanent residents while awaiting the availability of an immigrant visa, and became a key tool for migration from Cuba and other countries in the region since the mid-2000s.
The notice that DHS will send to Federal Register details the termination schedule for those who are already in the United States under the reunification programs: the document establishes that on January 14, 2026, the parole of all people admitted through the FRP, unless they present a Form I-485 (Application for registration of permanent residence or adjustment of status) before December 15 of this year, and that that form is still pending on the court date.
