A US judge has agreed to review a controversial decision by the Coast Guard to deport 15 Cubans who reached a disused bridge in the Florida keys.
Cubans who reach dry land are allowed to stay in the US. In this case the group was sent back because the damaged bridge was no longer attached to land.
The decision has infuriated the politically influential Cuban-American community in Florida.
It wants the court to define US soil as anywhere within US territorial waters.
Exile groups believe Cubans trying to reach the US should be allowed to stay because they are fleeing an oppressive government.
Policy change
Under the so-called "wet-foot, dry-foot" policy, Cubans stopped at sea are generally sent back home, while those who make it to US soil are allowed to stay.
"The question is whether this bridge is US territory"
The federal judge reviewing the case in Miami, Federico Moreno, said even these critics would find it difficult to understand the government's decision to repatriate the 15 Cubans.
"So the question is whether this bridge is US territory," he told the government's attorney Dexter Lee.
Mr Lee said the government would ask the court to dismiss the case.
Earlier this week, Florida Senator Mel Martinez, a Republican, called for an overhaul of the "wet-foot, dry-foot" policy.
Correspondents say the policy has become more stringent in recent years.
Some community leaders have warned that the latest deportations could affect backing for the Republican Party among Cuban-Americans, traditionally staunch supporters.
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