A Cuban national convicted of hijacking a plane from Cuba to Florida in 2003 and subsequently imprisoned for two decades has been released from Immigration and Customs Enforcement (ICE) custody by a federal judge. The Department of Homeland Security (DHS) has condemned the decision, labeling the judge as an "activist" attempting to undermine immigration enforcement.

Mikel Guerra Morales was taken into ICE custody in December, facing deportation after serving 20 years of a 22-year sentence for aircraft piracy and conspiracy charges. On July 8, U.S. District Judge John E. Steele ordered Guerra Morales's release, citing his prolonged detention. Steele was appointed by former President Bill Clinton.

DHS Acting Assistant Secretary Lauren Bis stated that the judge's decision forced ICE to release a "criminal illegal alien" back into American communities. "This is yet another example of an activist judge trying to thwart President Trump’s mandate from the American people to remove criminal illegal aliens from our country," Bis said in a statement. "Under President Trump and Secretary Mullin, DHS will continue to fight for the detention and removal of criminal illegal aliens who have no right to be in our country."

Guerra Morales was one of at least a dozen Cuban nationals who hijacked a plane from Nueva Gerona, Cuba, on March 19, 2003. During the flight, they assaulted crew members and forced the pilot to divert to Key West, Florida. He was convicted by the U.S. Marshals Service.

According to court documents, Guerra Morales had served at least 20 years of his sentence. ICE had intended to deport him to Mexico, but his ultimate destination could be Cuba. He is believed to be residing in Miami. The judge ordered him released under supervision, requiring monitoring by agents prior to deportation.