U.S. Policy on Cuban Migrants: In Brief (CRS Report for Congress)
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| Release Date |
Dec. 16, 2016 |
| Report Number |
R44714 |
| Report Type |
Report |
| Authors |
Andorra Bruno, Specialist in Immigration Policy |
| Source Agency |
Congressional Research Service |
Summary:
The Obama Administration’s efforts to normalize relations with Cuba focused attention on U.S.
policies on immigration and federal assistance that apply to Cuban migrants in the United
States—a set of policies that afford Cuban nationals unique immigration privileges. The
November 2016 death of Cuba’s Fidel Castro may lead to further consideration of these issues.
“Normal” immigration from Cuba to the United States has not existed since the Cuban
Revolution of 1959 brought Fidel Castro to power. For more than 50 years, the majority of
Cubans who have entered the United States have done so through special humanitarian provisions
of federal law.
U.S. policy on Cuban migration has been shaped by a 1966 law known as the Cuban Adjustment
Act, as amended, and U.S.-Cuban migration agreements signed in the mid-1990s, operating in
conjunction with the Immigration and Nationality Act (INA). Among the special immigration
policies presently in place is a so-called “wet foot/dry foot” policy toward Cuban migrants who
try to reach the U.S. shore by sea. “Wet foot” refers to Cubans who do not reach the United
States. They are returned to Cuba unless they cite a well-founded fear of persecution, in which
case, they are considered for resettlement in third countries. “Dry foot” is a reference to Cubans
who successfully reach the U.S. shore and are generally permitted to stay in the country. After
one year, these individuals can apply to become U.S. lawful permanent residents (LPRs) under
the Cuban Adjustment Act.
In addition to entering the United States under special policies and becoming LPRs through the
Cuban Adjustment Act, Cubans can gain permanent admission to the United States through
certain standard immigration pathways set forth in the INA. They can be sponsored for U.S.
permanent residence by eligible U.S.-based relatives who are U.S. citizens or LPRs through the
U.S. family-based immigration system. They can also apply for asylum from within the United
States or at a U.S. port of entry, or they can be considered for refugee status abroad. Persons
granted asylum or admitted to the United States as refugees can apply for LPR status after one
year.
Special provisions of law also make Cuban migrants in the United States eligible for federal
assistance. The Refugee Education Assistance Act of 1980 defines the term “Cuban and Haitian
entrant” for purposes of eligibility for federal assistance. It makes these entrants eligible for the
same resettlement assistance as refugees. The Personal Responsibility and Work Opportunity
Reconciliation Act (PRWORA) of 1996, as amended, makes Cuban and Haitian entrants eligible
for certain federal public benefits to the same extent as refugees.
The steps taken by the Obama Administration to normalize relations with Cuba have raised
questions about the possibility of future changes to U.S. policy toward Cuban migrants through
either executive or congressional action. Regarding the latter, legislation was introduced in the
114th Congress to repeal the Cuban Adjustment Act and eliminate the special treatment that
Cuban entrants receive with respect to federal refugee resettlement assistance and other federal
assistance. It remains to be seen whether Congress will act on any such measures.
For an overview of current issues in U.S.-Cuban relations, see CRS Report R43926, Cuba: Issues
for the 114th Congress.
