A Cuban national who helped hijack an aircraft to the United States more than two decades ago is once again at the center of a heated immigration battle after a federal judge ordered his release from ICE custody while deportation efforts remain unresolved.
Maikel Guerra Morales, one of the men involved in the 2003 hijacking of a Cuban commuter aircraft that was forced to land in Key West, had completed roughly two decades behind bars after being convicted on federal air piracy and flight crew interference charges. Following his release from prison, Immigration and Customs Enforcement took him into custody in late 2025 while officials sought to remove him from the country. Last week, however, U.S. District Judge John E. Steele ordered his release under supervision, concluding that the government had failed to demonstrate that deportation could be carried out within a reasonable period of time.
The case has immediately become a flashpoint in the Trump administration’s broader effort to accelerate removals of criminal aliens and tighten immigration enforcement.
According to court records, Guerra Morales participated in the March 19, 2003 seizure of an Aerotaxi aircraft that departed Nueva Gerona, Cuba. Investigators said members of the group assaulted crew members and forced the pilot to divert the flight to Florida. The aircraft ultimately landed safely in Key West, where U.S. authorities arrested those involved. Guerra Morales was later convicted in federal court and sentenced to 264 months in prison.
The Department of Homeland Security reacted furiously to the judge’s decision.
“This activist judge forced ICE to release a criminal illegal alien who was convicted and sentenced to 22 years for hijacking a plane back into American communities,” DHS Acting Assistant Secretary Lauren Bis said in a statement. She added that the administration would continue pursuing the detention and removal of criminal illegal aliens despite legal challenges.
The legal dispute centers less on Guerra Morales’ criminal history than on whether the government can continue holding him indefinitely while searching for a country willing to accept him. Judge Steele’s ruling relied on longstanding Supreme Court precedent limiting prolonged immigration detention when removal is not reasonably foreseeable. Court filings reportedly showed uncertainty over whether Mexico, Cuba, or another country would ultimately accept him.
Immigration advocates have argued that federal law does not permit endless detention without a realistic path to deportation. DHS officials counter that releasing convicted criminals with serious histories undermines public safety and weakens immigration enforcement.
While relations between Washington and Havana have shifted over the years, deportations to Cuba often involve diplomatic, legal, and logistical hurdles that can delay removals for months or years. That reality has repeatedly produced courtroom clashes over how long ICE may continue detaining individuals who already have final orders of removal.
For now, Guerra Morales remains under immigration supervision and could be detained again if a destination country is secured and deportation arrangements are finalized. ICE officials had reportedly explored removal options involving Mexico before the court intervened.
