Within the context of the economic war against the Cuban Revolution, the migratory policy of the United States has been one of the prime instruments of its hostility toward the Island. The purpose of that policy is to destabilize the Cuban society, to discredit its political model, to deprive Cuba from its human capital and to lay the foundations for the creation of counterrevolutionary movements in charge of perpetrating terrorist and aggressive actions against a people determined to build a new country.

Previously to the Revolution triumph, Cuban citizens who wanted to travel or to emigrate to the United States should complete the corresponding legal procedure as citizens of any other country of the world had to do.
However, starting from the first of January of 1959, United States applied a different migratory policy to Cuba, aimed, in a first moment, at offering protection and asylum to the murderers, bailiffs, torturers, embezzlers and thieves of the tyranny headed by Fulgencio Batista, while the extradition applications officially presented by Cuba against the connoted criminals were never accepted. Later on, that policy was pointed at stimulating the illegal emigration of Cuban citizens to the United States, giving priority to professionals and qualified personnel.

In a staggered way, Washington was canceling the regular flights and the ways for legal exits from Cuba, at the time that refugee's status was automatically granted to any Cuban citizen that arrived to U.S. territory. That practice reached the point of establishing special financial conditions to support Cuban emigrants.

Be enough to mention that between 1959 and 1962, 274 000 Cubans emigrated to the United States, of that amount, the first 70 000 entered in U.S. territory without mediating any migratory arrangements. The utmost expression of the criminal, immoral and discriminatory migratory US policy against Cuba is the Cuban Adjustment Act, a legislative monster adopted in 1966, with the deliberate purpose of stimulating the illegal exits of Cuban citizens to that country. Unique in its type in the world, it offers to Cubans that arrive to the United States by illegal means, a set of privileges not granted for citizens from any other nationality or country.

From 1965, due to the incongruous and arbitrary migratory policies applied by the United States against Cuba, three big migratory waves took place: Camarioca, 1965; Mariel, in 1980, and the so-called crisis of the balseros (boat people), in 1994.

After the two last migratory crisis, and as a result of them, several rounds of talks were held between Cuba and the United States which concluded with the signature of the Agreement of Normalization of the Migratory Relationships between both countries and, later, of the Migratory Agreement of September 9 1994 and the Joint Declaration, of May 2 1995.

Nevertheless, the reiterated non-fulfillments of these agreements by the U.S. party, along with their irresponsible attitude of continue encouraging the illegal emigration and the admission in U.S. territory, by virtue of the Adjustment Act, of Cubans that move there as stowaways, air or maritime ships kidnappers, or simply as " balseros ", prevent the emigration between both countries from taking place in a safe, legal and ordered way.

From the first of September, 1994, up to the present, 13 rounds of talks have been held to review the implementation of the Migratory Agreements. In this meetings, Cuba has gotten the attention about the continued irregularities committed by the United States in the accomplishment of the agreements, which contradict and violate the letter and spirit of these documents.

The obstinate application of the Cuban Adjustment Act constitutes the basis of the existent migratory problem between the two countries: the ever-growing phenomenon of the illegal emigration and the traffic or smuggling of people going to the United States.

On its part, and without any cooperation from the US government, Cuba has strictly fulfilled the subscribed Agreements taking exemplary measures against those who engage in trafficking with people.

United States won't be able to establish order in its own costs while the Cuban Adjustment Act exists and much less while that country continues financing, stimulating and improving its broadcasting methods with the aim of unceasingly encouraging the illegal exits, as part of the political and psychological war against Cuba.

As a result of these policies and the existence of this Act, the Cuban boy Elián Gonzalez was the victim of an illegal emigration attempt after the kidnapping that forced him to stay during seven months in the United States without any legal support. That event focused the attention of the international and U.S. public opinion.

Upon U.S. authorities falls the entire responsibility for the human beings, including children, that along the last three decades have perished and are still in danger of perishing, incited to carry out such adventures by an immoral, anachronistic policy absolutely lacking of ethic and human sense.

Cuba will continue to identify openly this senseless Act as a murderous legislation and will continue warning about the serious risks and perils it provokes, and Cuba won't stop denouncing those responsible for its implementation.

Cuban Refugees: Adjustment of Status
Pub. L. 89-732, Nov 2, 1966, 80 Stat. 1161, as amended by Pub. L. 94-571, Sec. 8, Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96-212. Title II. Sec. 203 (i) Mar. 17, 1980, 94 Stat. 108, provided:

“That, notwithstanding the provisions of section 245 (c) of the Inmigration and Nationality Act (subsecc. (c) of this section), the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1st, 1959 and has been physically present in the United States for at least one year, may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien makes an application for such adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence.

Upon approval of such an application for adjustment of status, the Attorney General shall create a record of the alien´s admission for permanent residence as for a date thirty months prior to the filing of such an application or the date of his last arrival into the United Sates , whichever date is later. The provisions of this Act shall be applicable to the spouse and child of any alien described in this subsection, regardless of their citizenship and place of birth, who are residing with such an alien in the United States.

Sec. 2. In the case of any alien described in section 1 of this Act who prior to the effective date thereof (Nov. 2, 1966) has been lawfully admitted into the United Sates for permanent residence , the Attorney general shall, upon application, record his admission for permanent residence as of the date the alien originally arrived in the United States as a nonimmigrant or as a parolee, or a date thirty months prior to the date of enactment of this Act (Nov 2, 1966), whichever date is later.

Sec. 3. Section 13 of the Act entitled “An Act to amend the Inmigration and Nationality Act, and for other purposes”, approved October 3, 1965 (Public Law 89-236) (amending subsecs. (b) and (c) of this section) is amended by adding at the end thereof the following new subsection:

“(c) Nothing contained in subsection (b) of this section (amending subsec. (c) of this section) shall be construed to affect the validity of any application for adjustment under section 245 (this section) filed with the Attorney General prior to december 1st, 1965, which would have been valid on that date; but as to all such applications the statutes or parts of statutes repealed or amended by this Act (Pub. L. 89-236) are, unless otherwise specifically provided therein, continued in force and effect”.

Sec. 4. Except as otherwise specifically provided in this Act, the definitions contained in section 101 (a) and (b) of the Immigration and Nationality Act (Section 1101 (a), (b) of this tittle) shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of the Immigration and Nationality Act (this chapter) or any other law relating to immigration, nationality or naturalization.

Sec. 5. The approval of an aplication for adjustment of status to that of lawful permanent resident of the United States pursuant to the provisions of section 1 of this Act shall not require the Secretary of State to reduce the number of visas authorized to be issued in any class in the case of any alien who is physically present in the United States on or before the effective date of the Immigration and Nationality Act Amendments of 1976 (See Efective date of 1976 Amendment Note Above)

Section 204 (b) (1) ( c) of Pub. L. 96-212 provided that the amendment of section 1 of Pub. L. 89- 732, set out above, by Pub. L. 96- 212 is effective inmediately before Apr. 1, 1980.

April 26, 1999

Clarification of Eligibility for Permanent Residence Under the Cuban Adjustment Act.

WASHINGTON, DC. In a memorandum to aII INS officers last week, Commissioner Doris Meissner clarified that Cubans — along with their spouses and children— who arrive at other than designated ports-of-entry into the United States are eIigible for parole, as well as eventual adjustment of status to that of permanent resident, under the 1966 Cuban Adjustment Act (CAA). A designated port of entry includes airports, seaports, and Iand ports located at the border.

The memorandum is not a change in INS policy. It ‘s a clarification that the policy applies to Cubans arriving at other than ports of entry. There has been a question about their eIigibility for parole and for permanent residence under the CAA because of the changes in the Inmigration Act of 1996.

“This policy cIarification, effective, immediateIy, helps define in specific terms those Cubans who are eligible for parole and adjustment of status under the Cuban Adjustment Act, regardless of how they arrived in the United States, “stated INS Commissioner, Doris Meissner.

Under the CAA, a Cuban national who is paroled may, one year after the grant of parole, apply for permanent residence in the United States. The fact that a Cuban national arrived in the United States at a place other than a designated port of entry will not make him or her ineligible for permanent residence under the CAA (unless the individual is ineligible on other grounds such as having a criminal record). This action removes a significant bar to permanent residence status, if the Cuban are oterwise eligible for adjustment under the CAA. A Cuban national, who is in the United States without having been admitted or paroled by INS, must first surrender into INS custody, and receive a grant of parole, and wait one year before applying for permanent residence under the CAA. With the grant of parole, the Cuban national will be eligible to apply for employment authorization. INS.