Cuban Permanent Resident Detained Upon Return from Family Visit
A 31-year-old Cuban man, a lawful permanent resident of the United States for over a decade, is currently detained by Immigration and Customs Enforcement (ICE) after returning from a trip to Cuba to visit his ailing grandmother. The case has raised concerns within the Cuban-American community regarding the potential immigration consequences of past legal issues, even those that have been resolved.
erlan Rafael Arias traveled to Cuba on October 23rd to see his grandmother, who was critically ill. Upon arrival at Miami International Airport, he was detained by U.S. Customs and Border Protection (CBP) officers and subsequently transferred to ICE custody. He is currently being held at the Broward Transitional Center, frequently enough referred to as ”Alligator Alcatraz.”
His wife, Natalie Castaneda, expressed distress over his detention, stating he has committed no offenses in over ten years and is desperate to return home to his family, including his young daughter.
The detention stems from incidents dating back to 2015 and 2016. In 2015, Arias was arrested in Hialeah and charged with robbery at a K-Mart. The following year, he faced a charge of conspiracy to commit mailbox theft, resulting in over a year of probation. While the petty theft charge from the K-Mart incident was dismissed in 2017 and he was found not guilty, records of the arrests remained accessible in immigration databases.
Immigration attorney Wilfredo “Willy” Allen, consulted regarding the case, explained that any prior criminal offence can make a permanent resident subject to deportation, particularly when traveling outside the U.S.He emphasized that even dismissed charges can trigger detention upon re-entry. Allen advised that permanent residents with any criminal history, even misdemeanors, should consult with an attorney before traveling internationally.
Castaneda stated the family was not informed of potential risks associated with travel. They possess documentation indicating USCIS was not expected to intervene in Arias’s case, and were never advised against traveling to cuba.Arias had previously made two trips to Cuba without incident.
This case, brought to light by Univision journalist Javier Díaz, highlights a critical issue for many Cuban permanent residents: even dismissed criminal charges can have severe and unforeseen immigration consequences. Many are unaware that immigration officials may access records beyond those available in court systems, potentially leading to detention and deportation proceedings. Díaz’s reporting aims to alert the community to this risk and encourage caution when traveling abroad.
