Cuban Immigration Laws

Ricardo Arjona in his ballad, "Quiero" stated, "I want to make the biggest mistake in the world and travel in kayak from Miami to Havana." The flow of immigrants in boats is normally in the opposite direction. Ever since the embargo of the 1960s imposed by John F. Kennedy, the ability to travel and visit Cuba from the United States has been limited. Ruth Ellen Wasem, in her report to Congress states "Cuba ranked fifth as a top immigrant-sending country--after Mexico, China, India and the Philippines--in fiscal year 2008. A total of 49,500 Cubans became legal permanent residents in fiscal year 2008."

Travel Restrictions

In April of 2009, President Barak Obama lifted travel restrictions for family members of Cuban nationals now living in the United States. This would allow them to return to Cuba and visit family members and then return to the United States. The wiring of money and telecommunications with the island were also part of the legislation.

Wet-Foot Dry-Foot Policy

There has long been a policy in place for Cubans attempting to emigrate from Cuba to the United States called the wet-foot dry-foot policy. This policy states that Cubans who are captured at sea in route to the United States, or other countries, are returned to Cuba. But once a Cuban refugee reaches American soil he may stay and request asylum in the United States as political refugee. According to U.S. Coast Guard estimates, about 16,000 Cubans make the trip successfully from Cuba to the United States each year. According to the Wasen report to congress, "U.S. Border Patrol apprehensions of Cubans peaked at 4,295 in FY2007 and slipped to 3,351 in FY2008." There appears to be a slight slowing of the tide of immigration from Cuba.

Refugee Program

The United States has officials within Cuba that can interview candidates who want to seek asylum in the United States as political refugees. These interviews are conducted to determine if the person has been a victim of human rights violations or religious persecution. People who have been held as political prisoners or in forced labor camps also qualify. Anyone discriminated against or treated harshly for their religious or political believes also is given consideration.

More Negotiations

Fidel Castro stepped down as leader of the Cuban government in July 2006. This inspired many in the United States, to reconsider U.S. policy toward trade with Cuba. Renewed negotiations flourished with Fidel's brother, Raúl, who became Cuba's president in February 2008.

During the 2008 U.S. presidential campaign, President Barack Obama stated he would seek "a new beginning with Cuba".

Benefits

Many are critical of the cash benefits offered to all Cubans whether they apply for refugee status or not.
In the state of Florida, according to the Wasen report, a Cuban refugee would be eligible for about $95 to $180 dollars per month through the Refugee Cash Assistance program. Cuban refugees are also eligible for SSI Supplemental Security Income of $637 per month for an individual and $956 for a married couple. Those that qualify for SSI benefits also may apply for Medicaid.

Temporary Assistance for Needy Families (TANF) provides additional financial assistance for Cuban immigrants. The amount varies per state. The average amount is $389 per month. With all the cash
incentives to make the trip across the ocean to the Florida coast, Cuban immigration to the United States is still a major political issue for the new governments of both countries to resolve in a humane and equitable fashion.

References

• Immigration Visa Attorney Blog
• Cuban Migration to the United States
• Cuban Immigration to the United States