Erlan Rafael Arias, a Cuban national, has been freed after spending nearly a year in the custody of U.S. Immigration and Customs Enforcement (ICE). He has also had his permanent residency reinstated, a status he held for over a decade, according to journalist Javier Díaz on Facebook.
Arias was detained in October 2025 upon his arrival at Miami International Airport following a trip to Cuba to see his sick grandmother. The Customs and Border Protection (CBP) agency held him during immigration checks and subsequently handed him over to ICE.
The reason for his detention dates back almost a decade. In 2015, Arias was arrested in Hialeah for petty theft from a store, and in 2016 he faced a charge for conspiracy in mailbox theft, leading to more than a year on probation.
Arias's situation highlights the intricacies of immigration processes that countless Cubans in the U.S. encounter. Stay informed about these and other cases in our U.S. Immigration section.
In 2017, the petty theft charge was dropped, and Arias was declared innocent, his attorney revealed. Nevertheless, these records remained in immigration databases, warranting authorities to detain him upon reentry into the country.
His wife, Natalie Castañeda, noted that Arias had traveled to Cuba twice before without any issues, and no one warned them that a third trip might have repercussions. “He has a document from when the case was dismissed stating that USCIS would not interfere. They never told him he couldn't travel," she stated.
After his arrest, Arias was taken to the detention center known as "Alligator Alcatraz," where he stayed while his family processed an immigration waiver through the I-601 form.
Other Cuban migrants detained by ICE have been released, though not all with the same outcome. Yaíma de las Mercedes Suárez, a mother of five, was detained for six months after being arrested upon her return from Cuba in February, and was released in August with a judge's pardon.
Marlon Cervelo Trujillo gained his freedom in September after eight months under ICE custody through a habeas corpus petition, albeit with a pending deportation order.
These cases are part of a broader crackdown on immigration policy that led to a 463% increase in Cuban detentions between October 2025 and April 2026.
Immigration attorney Wilfredo "Willy" Allen publicly warned about the dangers of these trips: "Once you've committed a criminal offense in the United States, you're subject to deportation. Leaving the country exposes you to detention."
His advice for any permanent resident with a criminal record—even minor or dismissed—is to wait to obtain U.S. citizenship before traveling abroad.
Understanding ICE Detention and Cuban Immigration
What led to Erlan Rafael Arias's detention by ICE?
Arias was detained due to past legal issues from nearly a decade ago, including a petty theft charge and a conspiracy in mailbox theft. These records remained in immigration databases, leading to his detention upon reentry to the U.S.
What did Arias's wife say about his previous travels to Cuba?
His wife, Natalie Castañeda, mentioned that Arias had traveled to Cuba twice before without any problems, and they were not informed that a third trip might lead to consequences.
What is the recommendation for permanent residents with criminal records regarding travel?
Immigration attorney Wilfredo "Willy" Allen advises those with a criminal record, even if minor or dismissed, to wait until they obtain U.S. citizenship before traveling abroad to avoid detention risks.