By Lissa Weinmann (World Policy blog, July 6, 2015)
Although the U.S. and Cuba have reestablished diplomatic relations, the U.S. Congress is still influential on many issues relevant to improving bilateral relations. In particular, the article discusses the arguments for repealing the Cuban Adjustment Act, arguing that the law incites unlawful immigration and professional smuggling, and that “true political refugees” from every other country except Cuba are still required to apply for asylum in the normal way.
By Lizette Alvarez (New York Times, February 1, 2015)
Since the 1960s, Cubans who arrive on United States soil have been offered asylum and a path to citizenship via the Cuban Adjustment Act (CAA). With the recent opening between the two countries, however, both Congress and the Cuban government are raising doubts about the law’s effectiveness or desirability. Thus far, the Obama administration has made clear its intention to maintain current immigration policies toward Cuba.
Fear of immigration policy change triggers new wave of Cuban migrants
by Nick Miroff (Washington Post, January 27, 2015)
Following President Obama’s announcement of opening to Cuba, Cuban migration to the U.S. has surged amidst fears that the long-standing preference given to Cuban immigrants under the 1966 Cuban Adjustment Act may be ended. Some of the debate rests on the travel habits of newer arrivals, that is, those Cubans who use the current system to earn money in the United States, but later return to the island to live off their savings. Whereas critics of the law consider such behavior to be an abuse of Cubans’ “privileges as political refugees,” proponents claim these Cubans will be “agents of change” who “spread democratic values” upon returning.
Migration Policy Reform: Cuba Gets Started, U.S. Should Follow
by Phillip Peters (Lexington Institute, December 2012)
After the Cuban government’s overhaul of major travel restrictions to foreign nations, Peters encourages the United States to reexamine its own immigration policies that appear to favor migrants from Cuba. Because the previously isolated government has promised to make it easier for its citizens to leave, the author claims that the U.S. should adjust its policy towards Cuba for fiscal, economic, and security reasons.
by Ruth Ellen Wasem (Congressional Research Service, June 2009)
In his presidential campaign, Obama stated he would seek to change U.S. policy by allowing unlimited family travel and remittances to Cuba, signaling to some the possibility of resuming the migration talks. In his opening speech at the Summit of the Americas on April 17, 2009, President Obama expressed the hope of “a new beginning with Cuba,” specifically mentioning migration as an issue. This report provides an overview of the Obama Administration’s promises and potential actions on Cuban immigration policy, and indicates that both U.S. congress members and Cuban officials have expressed support for resuming migration talks.
The Cuban Condition: Migration, Remittances, and its Diaspora
by Manuel Orozco (Inter-American Dialogue, 2009)
This study explores the phenomenon of rapid Cuban migration to the U.S. and the continued practice of sending remittances to friends and family members that remain within the closed nation. Although the cost of remitting to Cuba is the highest in Latin America, emigrants continue to send money to mitigate relatives’ harsh economic conditions. This document draws on the responses from several surveys to determine the root of this practice.
Based on the information from several studies, this document offers a portrait of the of the Cuban population living within the United States. It indicates that Cuban-Americans are typically older, have more education, enjoy higher household income, and demonstrate greater rates of homeownership than other immigrants from Latin American countries. It also examines attitudinal ideology among different generations about popular issues in the United States and Cuba.
Text of Commissioner's Memorandum on Eligibility for Permanent Residence under the Cuban Adjustment Act
By Doris Meissner (Immigration and Naturalization Service, April 1999)
This memorandum sets forth the immigration policy concerning the eligibility for permanent residence of immigrants who are covered under the Cuban Adjustment Act (CAA), but arrived in the U.S. at a place other than a designated port of entry. According to Meissner, CAA applicants are not considered inadmissible based on port of entry or public charge grounds so long as they meet all other eligibility requirements. The memo also reiterates Congress' intention that the CAA is "to continue in force until there is a democratic government in Cuba."
U.S. Department of State Dispatch, Volume 6, Number 19, Article 5 (1995 Migration Agreement)
Bureau of Public Affairs (U.S. Department of State and the White House, May 1995)
In this agreement, the United States and Cuba build on the 1994 Migration Agreement, seeking "to address safety and humanitarian concerns and to ensure that migration between the countries is safe, legal, and orderly." It specifically provides for humanitarian parole of Cuban migrants detained at Guantánamo Bay who are eligible for admission to the United States, as well as the return to Cuba of those Cuban nationals at Guantánamo who are ineligible for admission. Both sides reaffirm their joint commitment to take steps to prevent unsafe departures from Cuba and to oppose acts of violence associated with illegal immigration.
U.S. Department of State Dispatch, Volume 5, Number 37, Article 5 (1994 Migration Agreement)
Bureau of Public Affairs (U.S. Department of State, September 1994)
This agreement negotiated by U.S. and Cuban representatives was intended to normalize safe and legal migration between the countries in light of the 1994 balsero crisis. The U.S. establishes a policy that denies entrance to the U.S. for all Cuban migrants rescued at sea and ensures that a minimum of 20,000 Cubans may legally migrate to the U.S. each year. For its part, the Cuban government commits to "prevent unsafe departures using mainly persuasive methods." Both nations' pledge to prevent the illegal transport of persons to the U.S. and to continue to discuss the return Cuban nationals excludable from the United States.