Fernando Fuertes Muñoz, a 33-year-old Cuban, has been detained at the Glades County Detention Center since August 4, after a judge dismissed his asylum application and Immigration and Customs Enforcement (ICE) agents determined he does not have a "credible fear" of returning to Cuba. Meanwhile, his family in Havana is seeking financial support to hire a lawyer who can reverse the situation.
According to his sister, Milena Fuertes Muñoz, speaking with CiberCuba from Havana, Fernando had to undergo the credible fear interview, but the ICE officer who evaluated him decided to reject it. However, the following day, his defense attorney filed an appeal to review the decision. They are still awaiting a response.
He added that his relative fled Cuba due to problems with the regime and is now at risk of facing criminal penalties when deported. According to his brother, he left for Nicaragua in 2022 and managed to enter the United States with Form I-220A. He was working as a welder at the time of his arrest.
What is I-220A and why does it complicate matters for so many Cubans?
Form I-220A is a parole order issued to detained individuals who were later released by ICE while awaiting immigration proceedings. This document requires the beneficiary to comply with a series of conditions, such as attending appointments ("check-ins") and hearings with ICE and the immigration court.
Unlike humanitarian parole, which allows access to the Cuban Adjustment Act (CAA) and facilitates permanent residence, I-220A does not confer legal status or eligibility for immigration adjustment under this law.
However, a recent ruling by the Board of Immigration Appeals (BIA), issued on May 15, 2025, recognized that some I-220A releases could be equated to admission under Section 235(b) of the Immigration and Nationality Act (INA). This could open legal avenues for these individuals to apply for parole and eventually access permanent residence under the CAA.
The final decision is getting closer, although the clock is ticking for Fernando Fuentes. That's why his sister made a desperate plea for help, stating in the video: "It doesn't matter if it's just a peso, we'll be equally grateful for everything."
Broader context: migration attacks and loss of historical privileges
In Florida and other regions, an ICE-led immigration crackdown—including arrests even outside immigration courts—has sparked panic among Hispanic communities, including people with I-220A status, who until now had not been a direct target for deportation.
On the other hand, the new administration has ended decades of specific immigration privileges for Cubans. More than 550.000 Cuban migrants who arrived between 2021 and 2024, most of them with documents such as I-220A, now face “immigration limbo,” with no clear access to citizenship or legal residency through the CAA.
This erosion of the historic special treatment of the Cuban community began with the end of the "wet foot, dry foot" policy and has been consolidated during recent administrations, significantly reducing their special immigration options.
What legal avenues are available?
- Humanitarian parole or favorable rulingIf release under I-220A were recognized as equivalent to admission, Fernando could apply for parole and possibly adjust his immigration status under the CAA.
- Well-founded asylumThe defense seeks to demonstrate a “credible fear” of political persecution in Cuba—a key legal argument presented from Havana by his sister Milena, who claims that Fernando left the country due to conflicts with the regime.
- Family or work petitionAlthough less common, there are alternatives such as petitions based on family members or employment, with significant waiting times (several years) for permanent residence.
- class action lawsuitThe law firm in the U.S. is preparing a class action lawsuit seeking recognition of the I-220A as a valid form of admission and the ability to adjust status under the CAA.
- Legislative proposalThe recent "Dignity Law," introduced by Congresswomen María Elvira Salazar and Verónica Escobar, contemplates humanitarian paths to legalize certain migrants present for more than five years, although without access to citizenship or federal programs.
Between hopelessness and legal action
Fernando's case is not an isolated one. The combination of limited immigration documents like the I-220A, the tightening of immigration policies, and the deterioration of access to the CAA have plunged many Cubans into a situation of legal precariousness. In the words of sociologist Elaine Acosta, what was once a historical privilege for Cubans is now on par with the conditions faced by other Latin American migrants.
His family, based in Havana, is mobilizing support through fundraising to hire specialized legal counsel who can reverse the "credible fear" denial and provide the necessary resources to immigration authorities.
The case of Fernando Fuertes Muñoz reflects the collision between an increasingly restrictive immigration system and families' resistance to adverse legal decisions. In an environment where I-220A status no longer guarantees protection or access to the CAA, legal, social, and legislative struggles become crucial. Meanwhile, many remain waiting, trapped in a limbo with no clear way out.
