A judge in Florida has ordered the release of Miakel Guerra Morales, an illegal immigrant who hijacked a plane from Cuba to Florida in 2003, stating he had been in ICE custody for too long. After serving 22 years in prison, Guerra Morales had been detained by Immigration and Customs Enforcement (ICE) since December while awaiting deportation. Judge John E. Steele, appointed by former President Bill Clinton, mandated his release under supervision by July 8th.
The Department of Homeland Security (DHS) criticized this decision on Monday. DHS Acting Assistant Secretary Lauren Bis expressed concern, calling the judge an activist who allowed a convicted criminal back into American communities. She indicated this was part of a pattern undermining the removal of criminal illegal aliens, vowing that DHS would continue to push for the detention and removal of individuals without legal rights to remain in the country.
Guerra Morales participated in a hijacking incident on March 19, 2003, when he and others forced a commuter plane to divert to Key West, Florida. They described the act as a “freedom flight.” He was convicted of air piracy and conspiracy, resulting in a 22-year prison sentence.
After completing his sentence, Guerra Morales entered removal proceedings, which were deferred by a judge. ICE released him under supervision on March 1, 2023, but he was arrested again on December 30, 2025, when plans were underway to transfer him to Mexico.
Judge Steele found that Guerra Morales’ detention had been unnecessarily extended, noting the government’s failure to outline a strong likelihood of removal in the near future. He remarked that the authorities had ample time to act yet could not present a clear plan for moving Guerra Morales to Cuba, Mexico, or anywhere else.
Steele noted that if removal becomes likely in the foreseeable future, ICE could initiate a re-detention process.
In a related tweet, Libs of TikTok reported on the judge’s ruling and Guerra Morales’s release.
