US Government Filed Second Motion to Dismiss Cuban Lawsuit

Federal authorities moved to dismiss a class action challenging how I-220A documents are classified for Cuban nationals.

Updated on Oct. 11, 2026 in Immigration

Bold flat-color editorial illustration showing a monolithic pillar silhouette in a calm basin, representing federal judicial process. — The US government filed a second motion to dismiss a lawsuit in Florida seeking to reclassify Form I-220A releases for Cuban nationals. AI Illustration. Upload story photo >

Live Poll

Should courts permit class action lawsuits to determine eligibility for permanent residency status?

The US government filed a second motion to dismiss the Bello-Rubio v. United States Secretary of the Department of Homeland Security lawsuit in the Southern District of Florida. This legal challenge, originally brought by 992 Cuban nationals, seeks to have Form I-220A releases reclassified as parole.

Why it matters

The lawsuit could determine whether Cubans holding Form I-220A documentation are eligible to apply for permanent residence in the United States. Federal authorities argue that these forms do not constitute parole and require individual assessment rather than a blanket reclassification.

The government's motion, filed on 9 October 2026, cites a lack of jurisdiction and failure to state a claim as primary grounds for dismissal. The court is currently considering whether to merge this case with three related active lawsuits.

The players

Jacqueline Becerra

She is the judge presiding over the case in the US District Court for the Southern District of Florida.

Department of Homeland Security

This federal agency is responsible for public security and managing immigration enforcement policies.

The details

Plaintiffs filed a second amended complaint on 18 September 2026 after Judge Jacqueline Becerra rejected an initial government motion to dismiss earlier that month. The court has now set a firm deadline for the plaintiffs to respond to this latest motion.

1966: The Cuban Adjustment Act was enacted.
10 September 2026: Judge rejected the first government motion to dismiss.
18 September 2026: Plaintiffs filed a second amended complaint.
9 October 2026: The government filed a second motion to dismiss.
23 October 2026: The court set this as the deadline for plaintiffs to respond to the motion.

Political Context

This litigation highlights growing tension over immigration enforcement and legal status for Cuban migrants arriving in the United States. Opposition to the plaintiffs' position rests on the government's stance that the Cuban Adjustment Act of 1966 requires a distinct and individual assessment process for each applicant.

This case directly impacts the path to legal permanent residency for hundreds of thousands of Cuban nationals residing in the United States. A successful outcome for plaintiffs could facilitate residency applications, while a dismissal would maintain the current, more restrictive classification of their status.

The takeaway

The court's upcoming review of the dismissal motion will signal whether this legal challenge can proceed toward class certification. Affected individuals should track the 23 October 2026 filing deadline to understand the potential impact on their immigration status.