I-220A: The Lawsuit That Could Decide 500,000 Cubans' Future

The I-220A Lottery

Imagine arriving at the US border with your Cuban passport, turning yourself in to authorities, and having an officer hand you a document. That piece of paper — a decision lawyers say was essentially random — will determine whether you can build a legal life in this country or remain trapped in indefinite limbo.

That’s exactly what happened to an estimated 500,000 Cubans who crossed the southern border between 2019 and 2023. Some received parole, opening the door to adjust their status under the Cuban Adjustment Act. Others, under identical circumstances and sometimes on the same day, received an I-220A form — a release order that left them in no man’s land.

Today, that difference is at the center of an unprecedented legal battle that could redefine the immigration future of half a million people.

The Lawsuits That Could Change Everything

Attorney Mark Prada, based in Miami, is leading multiple lawsuits seeking judicial recognition that the I-220A should be considered equivalent to parole. His argument is straightforward — these individuals presented themselves to authorities to seek asylum and were released, something that legally can only occur through parole.

“The fact is that these people presented themselves at the border to immigration authorities to request asylum and were released. According to how the law works, that can only have occurred through parole.” — Mark Prada, immigration attorney

Legal actions are advancing on multiple fronts:

• Miami: Federal lawsuit seeking class-action certification — the broadest possible remedy
• California (2nd Circuit): Individual appeals
• Georgia (11th Circuit): Additional individual cases

If any of these lawsuits succeed, the impact would be historic. But Prada is cautious: “Given the impact of what we’re doing, I would assume the government would want to appeal.”

Living With I-220A Under Trump

The I-220A legal limbo has become a nightmare under the Trump administration. What was once a bureaucratic inconvenience is now an existential threat.

Liryenne Bello, a 37-year-old Cuban doctor who arrived in 2022, says she lives in “terror” of being arrested at a routine traffic stop. She has put her plans to have children on hold. Yaser Betancourt, a special education teacher in Texas, has spent nearly $6,000 on paperwork with no results and witnessed Cubans being arrested in court during routine hearings.

The numbers tell the story:

• 1,669 Cubans deported in 2025 — a record high
• Hundreds sent to third countries, including Mexico, Eswatini, and South Sudan
• Arrests during immigration hearings and ICE check-ins
• Trump canceled the family reunification program and froze visas for Cuba

Why Some Got Parole and Others I-220A

Nobody knows for certain. Authorities have never explained the criteria. An AP report suggests they were improvised decisions due to lack of space in detention facilities.

The result: divided families. Siblings who crossed together with opposite fates — one with residency, the other facing a deportation order. The arbitrariness has fueled a crisis of trust and fertile ground for misinformation on social media.

Yurisleidy Ávalos, who manages a Facebook group with over 33,000 affected Cubans, warns: “There are too many TikTok lawyers out there. Immigration misinformation can cost someone their freedom.”

What Comes Next

The lawsuits are moving forward, but the road is long. Even a favorable ruling will be appealed by the government, and the current political climate doesn’t favor immigrants.

For the 500,000 Cubans with I-220A, the wait continues. Some work as professionals, pay taxes, and follow every rule — but they live under the shadow of a deportation that could come at any moment.

As Yaser Betancourt put it: “I consider myself an exemplary citizen who has followed every rule. But my immigration status remains in limbo.”

Sources: El País, Havana Times, USCIS