CUBAN IMMIGRANTS--RIGHTS AFTER 9/11

CUBAN IMMIGRANTS--RIGHTS AFTER 9/11: AN EVALUATION

This research paper summarizes and evaluates the rights of Cuban immigrants seeking to enter the United States, as they have evolved over time and in light of post-September 11, 2001 changes in American immigration policy.

From 1903 until Fidel Castro and his triumphant 26th of July movement took power on January 1, 1959, Cuba was independent but also in effect was a protectorate of the United States. Relatively few Cubans, mostly upper class and educated persons, were admitted legally to the United States. Between 1960 and 1994, more than 800,000 visaless Cubans migrated to the United States, roughly eight percent of the Cuban population. Due to the exigencies of the Cold War, American immigration law and policy accommodated and supported this massive inflow.

For a variety of foreign policy and domestic political reasons, in late 1994, American immigration policy toward Cuban refugees became much more restrictive. Interdicted either at sea by the Coast Guard or otherwise apprehended on shore, thousands of would be admittees were sent to 'safe haven' detention camps at American naval bases at Guantanamo Bay or Panama. Most of these refugees eventually were admitted to the United States; however, pursuant to agreements between the American and Cuban governments, the United States thereafter returned to Cuba most refugees who failed to reach the Florida coast under the 'wet feet, dry feet' policy which is still in force

and that 'a reasonable possibility [exists] of establishing . . . a well-founded fear of persecution' (Esteves, p. 1290). Adverse INS rulings on political asylum can be appealed to federal immigration courts, but the latter relatively seldom overrule INS. As a matter of policy, immigrants in political asylum hearings are permitted to be represented by counsel and to have them present; however, in exclusion, as opposed to deportation, proceedings, none of the constitutional protections of the Bill of Rights are guaranteed. Bridges v. Wixon, 326 U.S. 135, 161 (1944) (Murphy, J. concurring). The 'Wet Feet, Dry Feet' policy has been reasonably but not completely effective in deterring illegal immigration from Cuba. According to Talamo (2002, Spring), 916 undocumented Cubans reached American shores in 1998 and 2,048 in 1999 (p. 717). There are only a very few interstitial aspects in which illegal Cuban immigrants have protections during the initial one year period under CAA that other undocumented aliens lack. For example, Hughes says if undocumented Cuban immigrants arrive by air, "there is a statutory exemption . . . from the requirement that [they] . . . seeking asylum, must make a preliminary showing of 'credible fear' of pers

Category: History - C