Cubans living in South Florida to file lawsuit after finding themselves in a limbo with their immigration status

A federal lawsuit expected to be filed next week in South Florida could reopen a path to U.S. residency for thousands of Cuban immigrants who entered the country legally but now find themselves without immigration status.

The legal action is being prepared against U.S. Citizenship and Immigration Services (USCIS) and seeks relief for Cuban nationals who arrived in the United States under programs implemented during the Biden administration but whose immigration processes have stalled.

One of the people joining the lawsuit is 22-year-old Ana Gonzalez, a Cuban immigrant who told CBS News Miami she hopes the legal challenge will allow her to continue building a future in the United States.

“I would like to stay here and study,” Gonzalez said. “I cannot continue my studies unless I have my residency.”

Gonzalez said she was studying to become a nurse in Cuba and hopes to finish her education in the United States.

“I would like to contribute to the community,” she said. “I feel like this country is for people who like to work and want to grow.”

Miami immigration attorney Claudia Canizares, who has practiced immigration law in South Florida for more than 15 years, is preparing the lawsuit. She says thousands of Cuban migrants are now stuck in legal limbo.

“There is a need for people right now to get their status adjudicated,” Canizares said. “They’re right now in a limbo.”

As many as 100,000 Cubans could be affected

According to Canizares, as many as 100,000 Cubans could be affected.

The lawsuit focuses on Cubans who entered the United States legally through programs such as the Cuban humanitarian parole program, the CBP One entry process and family reunification initiatives. Under those programs, migrants were allowed to enter the country and later apply for permanent residency through the Cuban Adjustment Act.

However, Canizares says immigration processing stalled after policy changes under the Trump administration. In December, the administration issued a travel ban affecting more than 30 countries, including Cuba. According to the attorney, that action halted many pending immigration cases and led to the suspension of work permits for some migrants.

As a result, many Cubans who entered legally now fear they could be detained or deported.

“Immigration can pick them up, detain them and remove them from the country,” Canizares said.

For Gonzalez, joining the lawsuit represents a chance at stability.

“It’s hope,” she said. “Right now, we don’t know what’s going to happen.”

Participating in the legal action is not free. Migrants must pay thousands of dollars in legal fees to be included in the lawsuit.

Friday, March 13, is the deadline for Cubans who qualify to join the case. According to the attorney, only migrants who entered the United States legally under the designated programs are eligible. Those who entered the country without authorization do not qualify.

If successful, the lawsuit could impact thousands of Cuban migrants across the United States who are waiting for their immigration status to be resolved.