The Cuban Adjustment Act... what is it?
by Maria Fundora
What is it? Why is it important? Let’s define it and break it down for you. The start, the revision, yes it’s been revised before and the impact currently to the United States. For Cubans it became known as Public Law 89-732 also known as The Cuban Adjustment Act on November 2, 1966 and was signed into law by President Lyndon B. Johnson. The law applies to any Cuban national who wants to immigrate to the United States. Originally written to have a 2 year waiting period the Immigration and Nationality Act amended it in 1976 to just a 1 year waiting period and it’s not necessary that the applicant use a family-based or employment based immigrant visa petition. Since 1966, Cubans have been granted automatic refugee status the minute they arrive. The Cuban Adjustment Act was passed to address the legal status of Cubans who'd fled Fidel Castro's socialist revolution.
Forty eight years later, Cubans who come to the United States hardly ever claim to be victims of political persecution. They’re here because they want a better lucrative future, or like others to join their family members already here. This is the same reason that others who want to immigrate from anywhere else (i.e. Mexico/El Salvador) come here. The Adjustment Act also provides Cubans no waiting years for a visa if you sneak across the border illegally. Once they're here, they’re advanced through to legal residency, with a flawless path to citizenship.
Compared to other immigrants who come here to live, work under the government's radar, in most cases for low wages, constantly in fear of being deported Cubans do not have to go through this problem since they can’t be sent back. Don’t confuse Public Law 89-732 for Bill Clinton "wet foot, dry foot" policy (we’ll look at that one in later issues) the Cuban Adjustment Act only requires that as a Cuban you show identification of your nationality for the law to apply to you.
To this date, Public law 89-732 was intended to protect those that are being persecuted by the Castro regime not as a travel visa. Cubans can travel freely between the United States and Cuba thanks to loosened restrictions by both countries. President Obama started making his stance on Cuba back in 2009 when he lifted most of the limits that kept Cuban-Americans from travelling to the island to visit family. Last year, more than in years past some dozens of times Cubans travelled between both countries. But wait aren’t they being politically persecuted? That was what Public Law 89-732 which was applied to their entry paperwork described their reason for wanting to stay in the United States.
On December 17, 2014 our President Obama freed terrorist spies who were convicted and sentenced by the United States Federal court in Florida for killing citizens of the United States over international waters and this has now started a whole new problem. Now we’re facing the possibility of a new inflow of Cubans to the U.S., where they know that upon arrival they are eligible for legal residency thanks to Public Law 89-732, and in 12 months after arriving they can return frequently to visit family, spend US earned dollars in Cuba while doing nothing for our economy. They can save their US earned money and then spend it in the Castro regime that has now been given a boost of money to strengthen their politics.
Is Cuba going to change now that President Obama has made peace with our dysfunctional relationship with Cuba? NOPE the first lady of Cuba also known as Raul Castro’s daughter made it very clear just days after President Obama announced his new friendship with Cuba. In her interview with CNN she told the American viewers that Cuba is not ever going to change their political viewpoint.
It’s my opinion that when you speak to Cubans that entered in the 60’s fearing TRUE political persecution they have no problem with allowing other Cubans to enter into the United States. It’s not that they don’t want to share in the American dream, it’s just hard to argue that if you can come and go as you please you suffer from political repression and that Public Law 89-732 should apply to you. My parents and others did not flee communism only to return repeatedly with a suitcase full of money and merchandise for their family a year after they arrived.
On January 8, 2015 Chris Joseph a reporter from the Sun Sentinel out of Broward County Florida published a story about the Cubans committing crimes in the United States and then going back to Cuba where they know they can live like kings and not fear deportation. This was a year long investigation that took him into Cuba and around. He wrote in his published article, “While the policy has helped a large majority of law-abiding Cuban nationals, a small fraction of Cuban criminals are doing the damage through crimes such as Medicare fraud, credit card fraud, cargo theft, marijuana farming, and insurance fraud with staged car accidents” “One official the Sun Sentinel spoke with says that Castro takes advantage of the swinging-door policy and allows criminals to take millions of dollars back to the island with no impunity.”
While the majority of Cubans are hardworking, upstanding citizens just like my parents, we cannot overlook the fact that Public Law 89-732 has served its purpose and should be revised. What started as protection in 1966 should be adjusted to protect the true meaning of political persecution and not be abused as it is to date.
As we look at providing driver’s license for undocumented immigrants, let’s look at the Cuban Adjustment Act and let our Senate and Congress know that it’s time to revisit Public Law 89-732.
