A Staunton man who fled political persecution in Cuba has been detained by U.S. Immigration and Customs Enforcement for more than seven months, despite entering the country legally and having a pending asylum case and green card application. WMRA's Randi B. Hagi reports.
Jose Miguel Suri Hernández is a 26-year-old man from Cuba who entered the U.S. in November 2024. He scheduled his entrance at the border in Calexico, California, using the "CBP One" mobile application that the federal government has since discontinued. Officials released, or "paroled" Hernández into the country for a period of two years, with upcoming immigration court hearings, and pathways available for both asylum and lawful permanent residence, also known as a 'green card.' He settled in Staunton and got a job at a produce packaging facility in the county.
LUZ HERNÁNDEZ: He's a very humble person, he's very sweet, very kind.
Luz Hernández, who happens to have the same last name, is Jose's girlfriend. She's a U.S. citizen who also lives in Staunton. We spoke about Jose's case in both English and Spanish, with the help of translator Maressa Cortes.
LUZ HERNÁNDEZ: He wanted to study English, to be able to work and contribute to this country.
WMRA confirmed the history and status of Jose's immigration case through his attorney, Maken Mashhour, and by reviewing Department of Homeland Security and court records.
Luz and Mashhour say Jose left Cuba in fear of retaliation for his political activism. The Trump administration acknowledges that "the communist regime persecutes and tortures its political opponents" and "denies the Cuban people free speech and press." The international nonprofit watchdog Human Rights Watch has documented "systematic human rights violations" in response to anti-government protests there.
LUZ HERNÁNDEZ [translated by MARESSA CORTES]: If he returns to Cuba, he is going to be arrested there, and jail there is forever – due to him protesting the Cuban government. … They have even threatened his mother with taking her job.
Last March, DHS announced it was ending the program which allowed authorized Cuban, Haitian, Nicaraguan, and Venezuelan nationals to be paroled into the U.S. for up to two years – effective immediately. Work permits granted under this program were also terminated.
Jose had been temporarily admitted to the U.S. until November of this year. But with the termination of that parole program, his cut-off date was changed to April – of last year. Luz accompanied Jose to a hearing in the Sterling Immigration Court in July, where a judge dismissed Jose's initial case.
LUZ HERNÁNDEZ [translated by CORTES]: As soon as we opened the courthouse doors, ICE arrested him. They called him by his name, they said, are you Suri? They arrested him right in front of me. It was a very sad thing. … They were very cruel. They arrested him so roughly that they even cut through his skin. He was bleeding and everything.
ICE detained Jose despite the fact that he appears to have no criminal record, they don't allege any criminal activity, and they don't have an order for his deportation. He's been held at the Farmville Detention Center since July. The couple hired Mashhour to represent Jose, and he filed applications for asylum and lawful permanent residence.
LUZ HERNÁNDEZ [translated by CORTES]: I've seen him now on six occasions. He's depressed. He's always been skinny but he's even skinnier now.
The Cuban Adjustment Act of 1966 allows Cuban natives who have lived in the U.S. for a year and meet certain requirements to apply for a green card. But the Trump administration has paused green card and citizenship processing for immigrants from 19 countries on a travel ban list, including Cuba.
The U.S. Citizenship and Immigration Services agency requires green card applicants to get their fingerprints taken at an agency office so the government can verify a person's identity and run background checks – but Luz and Mashhour say ICE is refusing to take Jose to get this done.
LUZ HERNÁNDEZ [translated by CORTES]: He would be free by now if they would authorize him to only get his fingerprints taken.
That's despite an immigration judge's order that WMRA reviewed, which instructs ICE to complete biometrics for him on or before January 29th – that was more than four weeks ago.
In response to an interview request, USCIS noted that it does not comment on individual cases. Spokesman Matthew J. Tragesser did send a statement which reads, "A pending green card application does not shield an alien from enforcement actions by ICE. USCIS has paused all adjudications for aliens from presidentially designated high-risk countries while we work to ensure that all aliens from these countries are vetted and screened to the maximum degree possible. The safety of the American people always comes first."
While Jose's green card application is in limbo, his asylum application is still moving through the courts, with a hearing scheduled for March 13. And Luz points out there's a third option, as well, that the couple planned to pursue before his detention, and have asked ICE officials to proceed with since.
LUZ HERNÁNDEZ [translated by CORTES]: We were going to get married, but he didn't bring his birth certificate from Cuba, and when his father sent it, it arrived one day before he was arrested here.
James Covington, a regional communications director for ICE, did not answer a list of questions before this story aired – including whether there is a policy preventing the couple from getting married while Jose is detained.
Despite the obstacles they face, Luz remains –
LUZ HERNÁNDEZ [translated by CORTES]: … very hopeful that he'll get out and be able to continue on with his life.
Luz and friends are currently fundraising online to help pay Jose's legal fees.
