Cuban Permanent Residentโ Detained โขUpon โReturn from Family Visit
A 31-year-old โCuban man, a lawful โฃpermanent resident โคof the United States for over aโ decade, is currentlyโ detained by Immigration and Customs Enforcement โ(ICE) after returning fromโค a trip to Cuba to visit his ailing grandmother. โฃThe case has raised concernsโ within the Cuban-American community regardingโค the potential immigration โconsequences ofโ past legal โขissues, even those that have been resolved.
erlan โฃRafael Arias โขtraveled to Cuba on October โ23rd to see his grandmother, who was criticallyโ ill. Upon arrival at Miami โฃInternational Airport, โฃhe was detainedโค by U.S.โ Customs and Border Protectionโข (CBP) officers and subsequently transferred to ICE custody. He is currently being held at the Broward Transitional Center, frequently enough โreferred to as โ”Alligator Alcatraz.”
Hisโ wife, Natalie Castaneda, expressedโฃ distress over his detention, stating โขhe hasโ committed โno โoffenses in over ten years and โis desperate โฃto return home to his โคfamily, includingโ his young daughter.
The โdetention stems from incidents dating back to 2015 and โ2016. In 2015, Arias was arrested in Hialeah and charged with robbery at a K-Mart. The following year, he โขfaced a charge of conspiracy to commit mailboxโข theft, resulting in โover โขa โyearโ of probation. Whileโฃ theโฃ petty theft chargeโฃ from the K-Mart incident โฃwas โdismissed in 2017 and he was found not guilty, records of the arrests remained accessibleโฃ in immigration databases.
Immigration attorney Wilfredo “Willy” Allen, consulted โregarding the โcase, explained that any prior criminal offence can make a permanent resident subject โฃto deportation, particularly when โขtraveling โคoutside the U.S.He emphasized that even dismissedโข charges can trigger detention upon re-entry. Allen advised that permanent residentsโข with any criminal history, โขevenโค misdemeanors, should consult with an attorney โbefore โtraveling internationally.
Castanedaโ stated the family was not โฃinformed โฃof potential โrisks โassociated with travel. They โpossess documentation indicating USCIS was not expected to intervene in โArias’s case, and were never advised against traveling to cuba.Ariasโค had โpreviously made two tripsโฃ to Cuba without incident. โค
This case, โคbrought to light โฃby Univision journalist Javier Dรญaz, highlightsโค a critical issue forโ many Cuban permanentโ residents:โฃ even dismissed criminal charges โคcan have severe and unforeseenโ immigration consequences. Manyโ are unaware โthat immigration officials may access records beyond those available in court systems, potentially leading โขto โฃdetention โandโ deportationโ proceedings. Dรญaz’s reporting aims to alert the community to this risk and encourage caution when traveling abroad.
