U.S. Ends Special Immigration Benefits for Cubans

On January 12, the U.S. announced that it is ending, effectively immediately, the “dry foot” immigration policy for Cubans and the Cuban Medical Professional Parole Policy. Below we will examine these cancelled policies, the U.S. announcement of the policy changes, Cuba’s announcement of the U.S. policy changes and reactions to the changes.

The Cancelled U.S. Policies[1]

The “dry feet” policy has allowed any Cuban who arrived on land (with “dry feet”) at a U.S. point of entry to come into the U.S. and, absent negative factors, qualify for U.S. permanent residency status after one year. This policy originated soon after the early years of the Cuban Revolution before the U.S. in 1967 had ratified the international treaty on refugees and before it had adopted in 1980 a statute implementing that treaty (the Refugee Act of 1980) and when the U.S. assumed that all Cubans arriving in the U.S. were fleeing persecution.

This policy originally included Cubans who were intercepted on the water by the U.S. Coast Guard. However, in response to the Cuban Government’s legitimate concerns about the personal safety of Cubans attempting to reach the U.S. on unsafe boats, the U.S. (Bill Clinton Administration) and Cuba on September 9, 1994, reached an agreement whereby the U.S. would return to Cuba its nationals who were intercepted at sea, i.e., who had “wet feet.”

The U.S. Cuban Medical Professional Parole Policy, which was adopted on August 11, 2006, allowed “Cuban medical personnel conscripted to study or work in a third country under the direction of the Cuban government to enter the U.S.” It was available to “health-care providers who are sent by the [Cuban government] to work or study in third countries and who . . . are often denied exit permission by the Cuban Government to come to the [U.S.] when they qualify under other established legal channels to migrate from Cuba. Doctors, nurses, paramedics, physical therapists, lab technicians and sports trainers are examples of groups that may qualify for the . . . program.”

U.S. Announcement of the Change[2]

 On January 12 President Obama announced that the U.S. “is ending the so-called “wet-foot/dry foot” policy, which was put in place more than twenty years ago and was designed for a different era.  Effective immediately, Cuban nationals who attempt to enter the [U.S.] illegally and do not qualify for humanitarian relief will be subject to removal, consistent with U.S. law and enforcement priorities.  By taking this step, we are treating Cuban migrants the same way we treat migrants from other countries. The Cuban government has agreed to accept the return of Cuban nationals who have been ordered removed, just as it has been accepting the return of migrants interdicted at sea.”

The President also said the U.S. is “ending the Cuban Medical Professional Parole Program. The [U.S.] and Cuba are working together to combat diseases that endanger the health and lives of our people. By providing preferential treatment to Cuban medical personnel, the medical parole program contradicts those efforts, and risks harming the Cuban people.  Cuban medical personnel will now be eligible to apply for asylum at U.S. embassies and consulates around the world, consistent with the procedures for all foreign nationals.”[3]

This termination follows months of negotiations with the Cuban government over the latter’s agreeing to accept returning Cubans.

Nearly simultaneously with the President, Jeh Johnson, the Secretary of the U.S. Department of Homeland Security (DHS), which includes the U.S. Immigration and Customs Enforcement (ICE), issued a statement: “To the extent permitted by the current laws of our two countries, the [U.S.] will now treat Cuban migrants in a manner consistent with how it treats others; unauthorized migrants can expect to be removed unless they qualify for humanitarian relief under our laws.”  The Department also released a Fact Sheet and the Joint Statement of the two governments about the change. Johnson pointed out that Cuba will take back citizens as long as less than four years have passed between the time the migrant left Cuba and the start of the U.S. deportation proceedings.

These changes do not affect U.S. law regarding “refugees” fleeing persecution in their home countries. Thus, if a Cuban fears “persecution” upon returning to the island, then the individual may apply for asylum in the U.S. as a “refugee” under international and U.S. law if the individual can establish that he or she has a “well-founded fear” of “persecution” in Cuba “due to” his or her “political opinion, race, religion, nationality or membership in a particular social group.” (Statutory words are in quotes.) They may do so in the U.S. or at an U.S. embassy or consulate in another country.[4]

Cuban Announcement of the Change[5]

Welcoming this change, the Cuban Government stated, “After nearly a year of negotiation and encouraged by the restoration of diplomatic relations on July 20, 2015, based on mutual respect and political will to strengthen these links and establish new understandings on various issues of common interest, [the two] governments were able to concretize this commitment that should contribute to the normalization of migration relations. . . .”

The U.S. “wet foot-dry foot” policy gave Cubans “preferential and unique treatment not received by citizens of other countries, so it was also an incitement to illegal departures. Its implementation and that of other policies led to migratory crises, kidnapping of ships and aircraft and the commission of crimes, such as trafficking in migrants, trafficking in persons, immigration fraud and the use of violence with a destabilizing extraterritorial impact on other countries of the region [that were] used [for] transit to arrive at American territory.”

This change will meant that the U.S., “consistent with its laws and international norms, shall return to the Republic of Cuba, and the Republic of Cuba, consistent with its Laws and international norms, will receive all Cuban citizens, who . . . are detected by the competent authorities of the [U.S.] when they tried to enter or stay irregularly in that country, violating its laws.”

The U.S. “Parole Program for Cuban Medical Professionals, which was part of the arsenal to deprive the country of doctors, nurses and other professionals of the sector, . . . and an attack against Cuba’s humanitarian and solidarity medical missions in Third World countries that need it so much. This policy prompted Cuban health personnel working in third countries to abandon their missions and emigrate to the [U.S.], becoming a reprehensible practice that damaged Cuba’s international medical cooperation programs.”

It “will also be necessary for the U.S. Congress to repeal the Cuban Adjustment Act of 1966.”

Unaffected are prior agreements “to prevent illegal departures by sea and to return to Cuba all persons who are intercepted in those acts or who enter the Guantánamo Naval Base. The Government of the United States will continue to guarantee regular migration from Cuba with a minimum of 20,000 people per year.”

“Both governments agreed to apply their migration laws in a non-selective manner and in accordance with their international obligations. They also undertook to prevent risky exits that endanger human life, to prevent irregular migration and to combat violence associated with such manifestations, such as trafficking and trafficking in persons.” In addition, “the parties will promote effective bilateral cooperation to prevent and prosecute those involved in trafficking in persons, as well as crimes associated with migratory movements, which endanger their national security, including the hijacking of aircraft and vessels.”

“In keeping with its international obligations and its legislation, the Government of the Republic of Cuba ratifies its commitment to guarantee regular, safe and orderly migration, as well as to fully comply with this new agreement for which the corresponding measures have been taken internally. It will continue to guarantee the right to travel and emigrate to Cuban citizens and to return to the country, in accordance with the requirements of immigration law.”

The Cuban Government also published the Joint Statement of the two governments as had DHS in the U.S.

At a press conference on January 12 Josefina Vidal, the Cuban Foreign Ministry official responsible for relations with the U.S., said that the joint “agreement recognizes the need to facilitate regular migration for the benefit of both countries, to prevent irregular migration and to prevent risky exits that endanger human life and to combat violence associated with this phenomenon and related offenses, such as trafficking in persons and trafficking in persons.”

Vidal was joined by Gustavo Machin, the Deputy Director of the United States Department of the Cuban Foreign Ministry, who summarized the joint agreement. He added that “Cuba will accept that persons who were included in the list of 2,746 Cuban citizens who migrated by the port of Mariel in 1980 [“the Mariel boat lift”] and were considered ineligible to remain in the [U.S.], . . and [those] who cannot now be returned will be replaced by other persons and returned to Cuba. Cuba will also consider receiving other Cuban citizens who are currently in the [U.S.], who violated [U.S.] laws and whom U.S. authorities have determined cannot remain in its territory.”

 Reactions to the Change[6] 

As to be expected, U.S. congressional response was mixed.

Senator Patrick Leahy (Dem, VT) said, “This is a welcome step in reforming an illogical and discriminatory policy that contrasted starkly with the treatment of deserving refugees from other countries.” Senator Jeff Flake (Rep., AZ) stated that eliminating the policy “is in our national interest. It is a win for taxpayers, border security, and our allies in the Western Hemisphere. It’s a move that brings our Cuba policy into the modern era while allowing the United States to continue its generous approach to those individuals and refugees with a legitimate claim for asylum.”

Representative Kathy Castor (Dem., FL) and co-author of a bill to end the embargo (H.R.-442), https://dwkcommentaries.com/2017/01/12/representatives-emmer-and-castor-introduce-bill-to-end-embargo-of-cuba/ said, ““The end of the “wet foot/dry foot” policy should be followed by congressional action to lift the outdated economic embargo and improve economic conditions for everyday Cubans. . . . I have witnessed how the ‘wet foot, dry foot’ policy created an uneven playing field for immigrants from other Caribbean nations who are also seeking the opportunity to pursue the American dream.    I have also seen Cubans who try to come here for short term visits to see family members negatively affected by ‘wet foot/dry foot.’  The change in policy today will help ensure that we can have safer and more orderly migration with all of our Caribbean neighbors.”

Senator Marco Rubio (Rep., FL) said that the incoming Trump administration should reverse the part of the executive order ending the medical parole system and that there should be assurances that Cubans “who arrive here to escape political persecution are not summarily returned to the regime [but] . . . are given a fair opportunity to apply for and receive political asylum.”

Representative Illeana Ros-Lehtinen, a Florida Republican who emigrated from Cuba as a child, decried the elimination of the medical parole programs, calling it a “foolhardy concession to a regime that sends its doctors to foreign nations in a modern-day indentured servitude.”

According the Senator Robert Menendez (Dem., NJ), “Today’s announcement will only serve to tighten the noose the Castro regime continues to have around the neck of its own people.” He added, “The Obama administration seeks to pursue engagement with the Castro regime at the cost of ignoring the present state of torture and oppression, and its systematic curtailment of freedom.”

A positive view of the change was taken by Peter Kornbluh, a co-author of “Back Channel to Cuba,” which recounts the secret negotiations between the United States and Cuban governments that forged the policy of engagement. He said, “The exceptionalism of the ‘wet foot, dry foot’ policy toward Cuba is a relic of the Cold War, and this decision by the administration is really its final effort to normalize an area of interaction between Cuba and the United States, migration, that is clearly in need of normalization.”

James Williams, the President of Engage Cuba, the leading coalition of private companies and organizations working to end the travel and trade embargo on Cuba, said these changes are “a logical, responsible, and important step towards further normalizing relations with Cuba. The ‘wet foot, dry foot’ policy has been an enduring problem that decades of hostility and isolation failed to solve. This change, which has long had strong bipartisan support, would not have been possible without the re-establishment of diplomatic relations with Cuba.”

Phil Peters, president of the Cuba Research Center, said that the number of Cubans entering the United States is actually much higher because tens of thousands more overstay their visitor visas and still others migrate legally. “This is a favor to Trump because it’s a tough measure to take, but it’s the right measure to take,” Mr. Peters said. “These are economic migrants coming here that, unlike any other nationality, get a big package of government benefits without any justification.”

Kevin Appleby of the Center for Migration Studies of New York praised the specific change, while questioning the broader rules covering asylum. “The good news is that it ensures equal treatment between Cubans and asylum-seekers from other nations,” he said. “The bad news is that our asylum system is broken and does not afford adequate due process and protection to those who need it.”

Support for this change of policy also was voiced by Pedro Freyre, the chair of the international practice group of the Washington, D.C. office of law firm Akerman LLP. He observed, “This partially closes Cuba’s escape valve and will put pressure on Cubans to move forward more rapidly with reforms.” For years, he said, the last resort for Cubans frustrated with the lack of opportunity on the island has been to hire a “lanchero,” or people smuggler and attempt to reach the U.S. “Now they will have to look inward to see what they can do to fix Cuba.” The same opinion was offered by Jorge Mas, president of the Cuban American National Foundation, who welcomed the change and said it would pressure the Cuban government to improve conditions on the island.

Average Cubans and opponents of the island’s communist leaders said they expected pressure for reform to increase with the elimination of a mechanism that siphoned off the island’s most dissatisfied citizens and turned them into sources of remittances supporting relatives who remained on the island. This point was emphasized by Benjamin Rhodes, White House Deputy National Security Advisor and a principal negotiator of the rapprochement, saying, “It’s important that Cuba continue to have a young, dynamic population that are clearly serving as agents of change.”

Last year thousands of Cubans who were seeking to reach the U.S. border with Mexico and to come into the U.S. with “dry feet” created major logistical and financial problems for Mexico, Guatemala, Honduras, El Salvador, Nicaragua, Costa Rica and Panama and to a lesser extent Colombia and Ecuador. This naturally upset the governments of those countries, especially when their citizens were not eligible for these U.S. immigration policies.

Therefore, these governments welcome the U.S. terminating the policies. El Salvador’s foreign ministry said, “There cannot be migrants of different categories.” Honduras said it would wait to see if the flow of Cubans actually declined.

Cubans who had left their homeland and were now trying to reach U.S. soil when the decision was announced lamented the policy change. “It has fallen on us like a bucket of water because were never thought that at this point and with so little time before Obama leaves office that his government would make this horrible decision,” said Eugenia Diaz Hernandez, a 55-year-old Cuban in Panama whose voyage with her daughter and granddaughter had taken her through Guyana, Brazil, Peru, Ecuador and Colombia. “We are adrift.” Another Cuban, Jose Enrique Manreza, who ran a soda warehouse in Havana, is now stranded in Mexico, after selling his house and belongings in Cuba to raise $10,000 for his journey to reach the U.S. “Imagine how I feel, after I spent six days and six nights running through rivers and jungles in the humidity.”

Conclusion

This policy change, in my opinion, was long overdue. I pray and hope that the incoming Trump Administration will not reverse this change.

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[1] U.S. Dep’t of State, Cuban Medical Professional Parole Program (Jan. 26, 2009)  See generally posts listed in the “Cuba Migration to U.S.” and “Cuban Medical Personnel & U.S.” sections of List of Posts to dwkcommentaries.com—Topical: Cuba.

[2] White House, Statement by the President on Cuba Policy Changes (Jan. 12, 2017); Dep’t Homeland Security, Statement by Secretary Johnson on the Continued Normalization of Our Migration Relationship with Cuba (Jan. 12, 2017); Dep’t Homeland Security, Fact Sheet: Changes to Parole and Expedited Removal Policies Affecting Cuban Nationals (Jan. 12, 2017); Dep’t Homeland Security, Joint Statement [of U.S. and Cuba regarding changes in U.S. immigration policies] (Jan. 12, 2017); Reuters, Obama Administration Ends Special Immigration Policy for Cubans, N.Y. Times (Jan. 12, 2017); Assoc. Press, Obama Ends Visa-Free Path for Cubans Who Make It to U.S. Soil, N.Y. Times (Jan. 12, 2017); Caldwell & Pace (AP), Obama making change to Cuban immigration policy, Wash. Post (Jan. 12, 2017); DeYoung, Obama ending ‘wet-foot, dry foot’ policy allowing Cubans reaching U.S. soil to stay and receive residency, Wash. Post (Jan. 12, 2017); Davis & Robles, Obama Ends Exemption for Cubans Who Arrive Without Visas, N.Y. Times (Jan. 12, 2017); Lee, Schwartz & Córdoba, U.S. Ends ‘No-Visa’ Era for Cuban Emigrés, W.S. J. (Jan. 12, 2017).

[3] See posts listed in the “Cuban Medical Personnel & U.S.” section of List of Posts to dwkcommentaries.com—Topical: CUBA.

[4] Convention Relating to the Status of Refugees, Art. I (A); 8 U.S.C. §1101(a)(42)See generally the following dwkcommentaries.com blog posts: Refugee and Asylum Law: Modern Era (July 9, 2011); Refugee and Asylum Law: Office of U.N. High Commissioner for Refugees (July 10, 2011); Becoming a Pro Bono Asylum Lawyer (May 24, 2011);Teaching the International Human Rights Course (July 1, 2011).

[5] Cuba Foreign Ministry, Declaration of Revolutionary Government (Jan. 12, 2017); Cuba Foreign Ministry, Joint Declaration Cuba-United States (Jan. 12, 2017); Cuba ratifies its commitment to regular, safe and orderly migration, Granma (Jan. 12, 2017); Assoc. Press, Havana Hails End to Special US Immigration Policy for Cubans, N.Y. Times (Jan. 13, 2017).

[6] Flake Statement on Elimination of Wet Foot, Dry Foot Policy (Jan. 12, 2017); Menendez Statement on Latest Cuba Policy Changes (Jan. 12, 2017); Rubio Comments on Obama Administration Changes to Cuba Policy (Jan. 12, 2017);Castor, Statement on Ending “Wet Foot/DryFoot” (Jan. 12, 2017); Engage Cuba Statement on Administration ‘Wet Foot, Dry Foot’ Policy Announcement (Jan. 12, 2017);Ben Rhodes: ‘There is bipartisan support’ for Congress to repeal the Adjustment Act, Diario de Cuba (Jan. 13, 2017); Wheaton, Obama’s shift on Cuban immigrants could put Trump in a bind, Politico (Jan. 12, 2017); Reuters, Cubans on Road to U.S. Distraught About Newly Closed Border, N.Y. Times (Jan. 13, 2017).

 

 

 

Representatives Emmer and Castor Introduce Bill To End Embargo of Cuba

Rep. Tom Emmer
Rep. Tom Emmer
Rep. Kathy Castor
Rep. Kathy Castor

On January 12, U.S. Representatives (Tom Emmer (Rep., MN), who is the Chair of the House’s Cuba Working Group, and Kathy Castor (Dem., FL) introduced a bill (H.R. 442)– the Cuba Trade Act—“to lift the Cuba embargo. This . . . [bill] would allow businesses in the private sector to trade freely with Cuba, while prohibiting taxpayer funds to be used on promotion or development of this new market.” (This bill was first introduced in the prior Congress.)[1]

Representative Emmer said, “Over the past two years, the [U.S.] has taken steps away from a failed policy of isolation and towards normalizing relations with our neighbor just 90 miles off our Florida coast. In the 115th Congress we have a real opportunity to continue these efforts to strengthen our national security, open new markets, and empower the Cuban people with human rights and real economic reforms. It is time for the halls of Congress to reflect the views of more than 70% of the American people who favor ending the trade embargo, and we look forward to doing just that.”

Representative Castor issued a similar statement. She said, “The Cuba Trade Act would lift the outdated economic embargo, continue the normalization process and open new business opportunities to benefit the people of the United States and Cuba. My neighbors, business leaders, faith leaders and others in the Tampa community have been at the forefront of positive change in America’s relationship with the Cuban people. We must turn the page on the Cold War policies of the past and build new bridges for jobs and economic opportunities for both nations and continued improvements in human rights for the Cuban people.”

The bill has four Republican cosponsors (Mark Sanford (SC), Justin Amash (MI), “Rick” Crawford (AR) and Ted Poe (TX)) and four Democrat cosponsors (Donald Beaver (VA), Barbara Lee (CA), Mark Pocan (WI) and Jim McGovern (MA)).

Last month, Emmer, Castor and their colleagues of the bipartisan Cuba Working Group sent a letter to President-elect Trump to encourage continued U.S. engagement efforts with Cuba.

Thanks to these two representatives. Give them thanks and encourage their colleagues to join the fight to repeal.

==============================

[1] Press Release, Emmer, Castor Re-introduce Cuba Trade Act (Jan. 12, 2017).

Subdued Commemoration of Second Anniversary of U.S.-Cuba Rapprochement    

December 17, 2016 was the second anniversary of Presidents Obama and Castro’s joint announcement that their two countries had embarked on the path of normalization and reconciliation. The U.S. commemoration of this date was subdued. The White House held a small gathering that was not widely publicized .The Cuban government, on the other hand, apparently did not hold any such event. But two Cuban publications published sketchy comments on the anniversary.

White House Commemoration[1]

On December 15, the Obama Administration hosted a private gathering across the street from the White House at the Eisenhower Executive Office Building. President Obama did not attend, but did send a letter to the 20 or so attendees encouraging them “to carry forward the work of strengthening our partnership in the years ahead.”

The gathering was addressed by Benjamin Rhodes, Deputy National Security Advisor; Jeffrey DeLaurentis, the acting U.S. ambassador in Havana; and three high-level officials from the U.S. Commerce, State and Treasury departments. Another speaker was

José Ramón Cabañas, the Cuban Ambassador in Washington. Also in attendance were U.S. Senator Patrick Leahy of Vermont and U.S. Representative Kathy Castor of Tampa, Florida, both Democrats.

Rhodes and DeLaurentis touted the administration’s accomplishments and, at different times, got emotional — Rhodes remembering support from Cuban-American friends in the wake of stinging criticism over his work, and DeLaurentis describing his work in Cuba, where he began and might end his diplomatic career, as the most rewarding of his life.

The attendees were Cuban Americans, Cuban government officials and business partners in Washington, including Miami entrepreneur Hugo Cancio, who publishes an arts magazine in Cuba; Felice Gorordo, founder of the Roots of Hope nonprofit; former U.S. Commerce Secretary Carlos Gutierrez; John McIntire, head of the Cuba Emprende Foundation; Miami attorney Ralph Patino; Giancarlo Sopo, founder of the CubaOne foundation, and Miami Foundation president and chief executive Javier Alberto Soto.

Another attendee, Ted Henken, a Baruch College sociology professor and Cuba expert, observed, “It was partly a celebration of what has been achieved, and a mourning” for the intense political fight that awaits.”

As Ric Herrero, former head of the pro-engagement Cuba Now group and the current president of Manos Americas, a social entrepreneurship nonprofit, put it, the gathering was “bittersweet. There was just a lot of gratitude toward the administration for their commitment to this cause and to everything they’ve done.” But they all were left with the questions: “What next? Where do we go from here? Because there is no certainty.”

Indeed, a chief concern among attendees was that Trump’s “volatile” personality could ignite a war of words with the Cubans, who have so far kept silent about the president-elect’s Cuba statements. On the other hand, attendees noted, Trump doesn’t have a clear political ideology, and could be more interested in showing up Obama on Cuba by negotiating more concessions.  However, Rhodes said, “We would like nothing more than the new administration to succeed beyond what we did.”

Obama supporters at the meeting thought that Trump had a willingness to keep negotiating with Raúl Castro’s government and that U.S. regulatory changes, following a top-to-bottom policy review, could take time–so long, perhaps, that by then Castro might near his own retirement, scheduled for February 2018.

“We’re living through a lot of uncertainty, but there’s a pretty strong consensus that Trump is going to realize that turning back the clock is going to be very difficult,” said Carlos Saladrigas, president of the Cuba Study Group. “Returning to a failed policy doesn’t make any sense.”

However, at a December 16 “thank You” rally in Ordlando, Flordia, Trump told the crowd, “America will also stand with the Cuban people in their long struggle for freedom. Their support has been unbelievable. The Cuban people. We know what we have to do, and we’ll do it. Don’t worry about it.”[2]

Cuban Observance

No Cuban commemoration event was found in searching Cuban public sources, Instead, two articles on the subject were found.[3]

The CubaDebate article reviewed some of the key things that had happened since December 17, 2014, while reiterating Cuba’s fervent desire for the U.S. to end its embargo (blockade) and to return Guantanamo Bay to the island. It also alleged that President Obama had done “much less than he could, given the broad executive powers that he [allegedly]possesses and that [allegedly] would have allowed him to reduce the blockade to its minimum expression.”

Nevertheless, the article stated, on December 7, 2016, Josefina Vidal of the Cuban government reaffirmed Cuba’s willingness to continue this process and expressed its hope that President-elect Donald Trump will take into account, when he takes office on January 20, what has been achieved” over the last two years.

These same points were essentially repeated in the article in Granma, the official newspaper of the Communist Party of Cuba. It also added the following points:

  • Obama had acknowledged for the first time that the U.S. policy of “aggression” [“hostility” would be more diplomatic] against Havana was a failure and had ended up isolating the U.S. itself. It also alleged that the U.S. methods were changing, but not its objective – regime change in Cuba.
  • The U.S. still has a ban on US investment in Cuba, except in the area of telecommunications.
  • The Cuban state sector, where more than 75% of the labor force is employed, remains deprived of selling its products to the U.S. with the sole exception of pharmaceuticals and biotechnology.Also, Cuban imports of goods produced in the U.S. that the state-owned enterprise can make are very restricted.
  • Although several months ago the US approved the use of the U.S. Dollar by Cuba in its international transactions, it has not yet been possible to make deposits in cash or payments to third parties in that currency, due to international banks’ fears of fines by the U.S.
  • The U.S. has not yet ended Radio and TV Marti programs aimed at Cuba.

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[1] Mazzei & Torres, Muted White House celebration marks Obama Cuba anniversary, Miami Herald (Dec. 17, 2016).

[2] Lemmongello, Trump thanks Florida at Orlando rally, Orlando Sentinel (Dec. 116, 2016).

[3] Cuba-US: After two years, much remains to be done, CubaDebate (Dec. 17, 2016); Gomez, The keys of December 17, Granma (Dec. 16, 2016).

 

Bipartisan Bill To End Embargo of Cuba Introduced in House of Representatives           

Rep. Tom Emmer
Rep. Tom Emmer

On July 28 Representatives Tom Emmer (Rep., MN) and Kathy Castor (Dem., FL) introduced the Cuba Trade Act of 2015 (H.R.3238) to end the U.S. embargo of Cuba. The bill is cosponsored by Republican Representatives Ralph Abraham (LA), Justin Amash (MI), Charles Boustany, Jr. (LA), Reid Ribble (WI) and Mark Sanford (SC).[1]

According to Emmer, “Today marks a new and exciting chapter for the U.S. – Cuba relationship. The American people overwhelmingly support lifting the Cuba embargo. Along with the Cuban people, Americans are ready for a fresh start and new opportunities for increasing trade, advancing the cause of human rights and ushering in direly needed reforms. This legislation will improve our position within the region, giving the U.S. a seat at the table and increased leverage as we support political transformations beginning to occur in Cuba. The time has come for a change in our policy towards Cuba, and I am ready to work with my colleagues in Congress on policies that are beneficial to both the American and Cuban people.”

Rep. Kathy Castor
Rep. Kathy Castor

Co-author Castor had a similar message. She said, “The United States and Cuba have taken historic actions this year to set our countries on a more productive path forward for citizens of both nations and turn the page on the outdated 50 year policy of isolation. This [bill is an] important step forward will advance human rights and lift the fortunes of families and entrepreneurs on both sides of the Florida straits. Lifting the embargo and reestablishing historic trade ties with Cuba will be a boost to our port and local small businesses in Tampa Bay.” Her press release added that her district is “home to a large Cuban-American population with historic ties that date back to the 1800s.”[2]

This bill is a companion to the Senate’s bill by the same name (S.1543) that was introduced by Kansas’ Republican Senator Jerry Moran and Maine’s Independent Senator Angus King,,[3] and both bills would fully lift the trade embargo with Cuba by granting the U.S. private sector the freedom to trade with Cuba, while protecting taxpayer interest from any risk associated with such trade.

To protect U.S. taxpayers, the bills have three features. First, they would allow all private persons, entities or organizations to spend private funds for Cuba trade promotion and market development without the use of any taxpayer dollars. Second, commodity check-off programs, which are producer funded, would be allowed to be used. Third, private credit from private institutions could be extended to Cuba, without risk to U.S. taxpayers.

The House already had three bills to end the embargo, all offered by Democratic Representatives: (i) H.R. 403: Free Trade with Cuba Act (Rep. Charles Rangel (NY) with 29 Democratic cosponsors as of July 27); (ii) H.R.274: United States-Cuba Normalization Act of 2015 (Rep. Bobby Rush (IL) with no cosponsors as of July 27); and (iii) H.R.735: Cuba Reconciliation Act (Rep. Jose Serrano (NY) with 12 Democratic cosponsors as of July 27).[4]

All of these previous House bills were assigned to the following seven House committees: Agriculture; Energy and Commerce; Financial Services; Foreign Affairs; Judiciary; Oversight and Government Reform; and Ways and Means. Presumably the bill just introduced by Representatives Emmer and Castor will be similarly assigned. As of July 27, none of these committees had taken any action on the earlier bills.

Given control of the House is in the hands of the Republican Party, maybe the just-introduced bill by Republican Tom Emmer will have a more receptive consideration by these committees.

Representative Emmer in the first six months of his first term in the House serves on the Agriculture and Foreign Affairs committees and already has voiced interest in normalization of U.S.-Cuba relations as indicated by the following:

  1. His website‘s page on “Foreign Affairs”states, “Regions such as Latin America, Africa and Asia present us with emerging opportunities to increase trade and diplomatic relations.”
  2. Early this year Emmer made his first trip to Cuba with a congressional delegation and said the trip had convinced him that the Cuban people are ready to do business with America. “Before the trip, you can be academic about [the issue],” he said. “Once you see the people, it’s not about leadership as much as it’s about people. They’re hungry for the next step, hungry for access to the marketplace.”[5]
  3. In early February Emmer let it be known that if certain conditions were met, he could support lifting the embargo even though he thinks President Obama could have been more open about his initial talks with Cuban officials. “By all accounts the Cuban people are worse off today than when [the embargo] started. So clearly that’s not working,” he said. “And I’m supportive of engaging in diplomacy, starting to re-engage in diplomatic relations with Cuba, to begin that process to hopefully someday getting to normalize that relationship. But it’s two separate things. One, it’s diplomacy, and down the road is normalization.”[6]
  4. In late May Emmer made his second trip to the island, again with another congressional delegation, this one led by Representative Mark Sanford (Rep., SC). Afterwards Emmer said, “The experience for me, is to learn it, to understand it, and see how it fits with Minnesota’s economy.” He also learned “the Cuban people, they love Americans.” [7]
  5. After the July 1 announcement that the two countries would reopen embassies on July 20, Emmer stated he sees “a real opportunity for a positive, open trading partnership between these two countries. The potential benefits for Minnesota exporters are immense, and what is good for Minnesota is good for our country.”[8]

Upon introducing his bill to end the embargo, Emmer stated that he decided to do so after his second trip to Cuba. “I understand there’s a lot of pain on both sides of this issue that goes back many decades, something that a kid from Minnesota is not going to necessarily be able to understand. But I believe this is in the best interests of the Cuban people. This isn’t about the Cuban government — it’s about people on the street looking for more opportunity and to improve their quality of life.”[9]

Conclusion

Now the Minnesota congressional delegation is almost unanimous in supporting U.S.-Cuba normalization and ending the U.S. embargo of the island.

Our two Democratic U.S. Senators (Amy Klobuchar and Al Franken), our five Democratic Representatives (Keith Ellison, Rick Nolan, Betty McCollum, Collin Peterson and Tim Walz) and now our Republican Representative Emmer are on record as authors or cosponsors of bills to end the embargo.

In addition, our Republican Representative Erik Paulsen has made statements that at least do not indicate opposition to these measures. He said in early February, “We should be looking at opportunities to open up trade between the United States and Cuba so we can export more American goods and services. However, the President should have engaged Congress before making concessions to the Cuban government.” And after the announcement of the reopening of embassies, he observed, “A new [U.S.] embassy needs to focus on boosting open markets so the Cuban people can access more American goods and services.” Paulsen’s district, by the way, includes the headquarters of Cargill, the leader of the U.S. Coalition for Cuba, which is a strong advocate for ending the embargo and for normalization.[10]

The lone exception to this Minnesota consensus appears to be our other Congressman, Republican John Kline. In early February he stated he was “not confident the Administration will follow through on its promises to hold the Castro dictatorship regime accountable, and I’m concerned about revisiting relations with Cuba until all Cubans enjoy a free democracy.” After the announcement of the reopening of embassies, his spokesman said, “While congressman Kline supports new opportunities for American businesses and has a strong record of supporting trade and efforts to grow jobs in America, he wants all Cubans to enjoy a free democracy but is not confident this administration will follow through on its promises to hold the Castro dictatorship regime accountable,” [11]

As a Minnesota advocate for U.S.-Cuba reconciliation, I am proud that our congressional delegation is so supportive of ending the embargo and for normalization. I entreat Representatives Paulsen and Kline to join their colleagues in this endeavor.

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[1] Press Release, Emmer, Castor Introduce Legislation to Lift Cuba Embargo (July 28, 2015)   Emmer’s website contains endorsements from the Minnesota Farm Bureau, National foreign Trade Council, National Farmers Union, Minnesota Farmers Union, U.S. Agricultural Coalition for Cuba, National Turkey Federation, Greater Tampa Area Chamber of Commerce, Council of the Americas, Arkansas Rice Growers Association, Engage Cuba, Cuba Now, Washington Office of Latin America and CoBank.(See also Sherry, Rep. Tom Emmer leads Republican effort to lift Cuba embargo, StarTribune (July 28, 2015)(Democratic Representative Betty McCollum today indicatated her support for Emmer’s bill).)

[2] Castor, Press Release: U.S. Reps. Castor and Republican colleagues file bill today to end Cuba embargo (July 28, 2015)

[3] As reported in a prior post, the Moran-King bill (S.1543) was introduced on June 10 with Senator John Boozman (Rep., AK) as cosponsor and was referred to the Senate Committee on Banking, Housing, and Urban Affairs. That committee also has the earlier bill to end the embargo– S.491: Freedom to Export to Cuba Act of 2015—introduced by Senator Amy Klobuchar (Dem., MN). As of July 27 that bill had 21 bipartisan cosponsors, but that committee had taken no action on either bill.

[4] These bills were discussed in a prior post, which was updated in another post.

[5] Brodey, Why is Minnesota’s congressional delegation so focused on Cuba? MINNPOST (June 22, 2015).

[6] Henry, Emmer on Cuba embargo: ’Clearly that’s not working,’ MINNPOST (Feb. 6, 2015).

[7] Demczyk, Emmer Details Cuba Visit, KNSI Radio (June 1, 2015), This trip was discussed in a prior post.

[8] Spencer, Embassy reopening could help efforts to end Cuban trade embargo, StarTribune (July 1, 2015).

[9] Gomez, Emmer files bill to end U.S. embargo of Cuba, SC Times (July 28, 2015).

[10] Spencer (n. 8).

[11] Henry (n. 6); Spencer (n. 8).