U.S. Evaluating Whether To Close Embassy in Cuba 

On the September 17 “Face the Nation” television show on CBS, U.S. Secretary of State Rex Tillerson was asked by John Dickerson, “Some senators suggested closing down the embassy there [in Cuba]. Should that happen?” Tillerson’s answer: “We have it under evaluation. It’s a very serious issue with respect to the harm that certain individuals have suffered. We’ve brought some of those people home. It’s under review.”[1] (Emphasis added.)

Nearly simultaneous reports indicate that U.S. investigators are pursuing various theories about what caused medical problems in some U.S. diplomats stationed in Cuba, including sonic attack, electromagnetic weapon or flawed spying device. Each theory seems to fit some, but not all, of what has happened. The perpetrator is also a mystery. “Suspicion has centered on Cuba’s government, a rogue faction of its security services or an outsider like Russia.”[2]

Conclusion

 With the five Republican senators on Friday, September 15, suggesting closure as the last potential action for the U.S. to take against Cuba, as discussed in a prior post, the question put to Secretary Tillerson on Sunday about closure was hardly surprising, but as it was the last question posed in the interview, there was no time for any follow-up questions.

Here are some of the unasked questions: Is the U.S. considering a temporary closure while the medical incidents are under investigation? If so, what are the details about such a possible temporary cloture? Or a permanent closure? What are the details about such a permanent closure? By the way, what is the status of the U.S. investigation? The Cuban investigation? Are there now more than the 21 U.S. individuals involved? Are they all Foreign Service officers? Are any members of their families? Where did the incidents occur? At the Embassy? At hotels? Which hotels? At their residences? Where are the residences located?

In any event, it should not be surprising that the State Department has closure “under evaluation” or “under review.” That would only be prudent under the circumstances. Assuming the reports about continuing, inconclusive investigations about the cause of the incidents are true along with Cuban cooperation in the investigations, however, permanent closure would not be prudent.

Once again, anyone interested in seeing the U.S. and Cuba continue their efforts at normalizing relations, as does this blogger, needs to closely follow developments in this mysterious story.

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[1] CBS Face the Nation, Transcript, U.S. Secretary of State Rex Tillerson on “Face the Nation,” Sept/ 17, 2017; Reuters, Tillerson Says U.S. Weighing Closing Embassy in Cuba Over Sonic Attacks, N.Y. Times (Sept. 17, 2017); Assoc. Press, Top US Diplomat Says Closing Embassy in Cuba ‘Under Review,’ N.Y. Times (Sept. 17, 2017).

[2]  Assoc. Press, Cuba Mystery: What Theories US Investigators Are Pursuing, N.Y.Times (Sept. 16, 2017).

GOP Senators Ask Administration To Take Actions Against Cuba Over U.S. Diplomats      

On September 15 five Republican Senators asked U.S. Secretary of State Rex Tillerson to take certain actions against Cuba as a result of the medical problems being experienced by some of the U.S. diplomats who have been stationed in Cuba.[1]  The requested actions are the following:

  1. “Remind the Cuban government of its obligation to protect American diplomats [under Article 29 of the Geneva Convention on Diplomatic Relations].”
  2. “Demand that [the Cuban government] take verifiable action to remove these threats to our personnel and their families.”
  3. “Declare all accredited Cuban diplomats in the [U.S.] persona non grata [and thereby prompt Cuba to have them leave the U.S. under Article 9 of the Geneva Convention on Diplomatic Relations].’”
  4. “If Cuba does not take tangible action, close the U.S. Embassy in Havana.”

The five senators are the leader of this effort, Marco Rubio (FL), plus John Cornyn (TX), Richard Burr (NC), James Lankford  (OK) and Tom Cotton (AR), all members of the Senate Select Committee on Intelligence, which is chaired by Senator Burr.[2]

Separately there were new reports about other details of the problems of U.S. diplomats in Cuba.  U.S. diplomats on temporary duty in Havana stay in four hotels near the U.S. embassy, and all four have been sites of “medical attacks.” In addition to Hotel Capri, which was identified in a prior post, they are Hotel Nacional, Hotel Melia Cohiba, and Hotel Melia Habana. (The two “Melia” hotels are owned by a Cuban government agency, Cubanacan.) Rachel Maddow on her September 15th MSNBC show said that NBC News had learned that President Castro had offered to conduct a joint U.S.-Cuba investigation of this matter and that the U.S. had not responded to this offer.[3]

Meanwhile the U.S. and Cuba on September 15 held a meeting in Washington to discuss bilateral cooperation in law enforcement. According to the U.S. State Department, the discussions covered “national security matters, including fugitives and the return of Cuban nationals with final orders of removal” as well as “the incidents affecting diplomatic personnel at the U.S. Embassy in Havana.” The Cuban statement more generally said the discussions were about such issues as  terrorism, illicit trafficking in drugs and persons, and cybercrime. This meeting was the third such meeting; the first two were held during the Obama Administration.[4]

Conclusion

As is well known, Senator Rubio, a Cuban-American citizen, consistently has opposed U.S. efforts to normalize relations with Cuba, and thus it is not surprising to see him apparently initiate the above statement with the support of four of his Republican colleagues.

The good news is that the other 95 senators were not part of this statement, that Cuba by all reports continues to cooperate on investigating the circumstances surrounding these health issues and that the Trump Administration is not jumping to preordained conclusions about these issues.

This statement by Senator Rubio and four others was not justified and should be resisted by all U.S. citizens and their representatives in Washington. Instead allow the U.S. State Department and other agencies with Cuban assistance to continue their investigation in a professional and objective manner.

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[1] Dorsey, Five GOP senators ask Tillerson to close Cuba embassy after attacks on diplomats, CBS News (Sept, 15, 2017).

[2]  Rubio Press Release, Rubio, Colleagues Ask Tillerson to Expel Cubans, Close Embassy after Attacks on U.S. Diplomats (Sept. 15, 2017); Cotton Press Release, Senators Ask Secretary of State to Expel Cubans and Close Embassy Over Attacks on U.S. Diplomats (Sept. 15, 2017); Reuters, U.S. Lawmakers Want Retaliation for Sonic Attacks in Cuba, N.Y. Times (Sept. 15, 2017); Assoc. Press, The Latest: GOP senators want US pushback on Cuba, Wash. Post (Sept. 15, 2017).

[3] Rachel Maddow, Mysterious attack on US diplomats in Cuba confounds (Sept. 15, 2017).

[4] State Dep’t, [U.S.] and Cuba Hold Third Law Enforcement Dialogue in Washington, DC (Sept. 15, 2017); Cuba Foreign Ministry, Cuba and [U.S.] Authorities . . . Held Third Round of the Dialogue on Application and Compliance with the Law in Washington (Sept. 15, 2017);   The earlier law enforcement dialogues were discussed in these posts to dwkcommentaries.com: U.S. and Cuba Hold Law-Enforcement Dialogue (Nov. 9, 2015)(comment to Developments in U.S.-Cuba Normalization (Nov. 8, 2015); United States and Cuba Hold Second Law Enforcement Dialogue (May 19, 2016).

Cuba’s Unchanged Status in U.S. State Department’s Annual Report on Human Trafficking        

The U.S. Trafficking Victims Protection Act of 2000, among other things, establishes a definition of “human trafficking” and requires the Department of State to issue annual reports on such conduct in every country of the world.

The latest such report was issued on June 27, 2017.[1] Upon its issuance Secretary of State Rex Tillerson noted that the preamble to the Act states, “The purpose of this act is to combat trafficking in persons, a contemporary manifestation of slavery, whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect the victims. As the 21st century begins, the degrading institution of slavery continues throughout the world.” Other remarks were provided by Ivanka Trump, Advisor to the President; and Susan Coppedge, Ambassador-at-Large, Office to Monitor and Combat Trafficking in Persons.[2]

Background

“The Department places each country in this Report onto one of four tiers, as mandated by the TVPA. This placement is based not on the size of the country’s problem but on the extent of governments’ efforts to meet the TVPA’s minimum standards for the elimination of human trafficking.”

The top tier (Tier 1) consists of “governments [according to the Department’s judgment that] fully meet the [Act’s] . . . minimum standards.” However, that ranking “does not mean that a country has no human trafficking problem or that it is doing enough to address the problem. Rather, a Tier 1 ranking indicates that a government has acknowledged the existence of human trafficking, has made efforts to address the problem, and meets the TVPA’s minimum standards. Each year, governments need to demonstrate appreciable progress in combating trafficking to maintain a Tier 1 ranking. Indeed, Tier 1 represents a responsibility rather than a reprieve. A country is never finished with the job of fighting trafficking.” The latest report has 36 countries, including the U.S., in Tier 1.

Tier 2 consists of those countries “whose governments do not fully meet the TVPA’s minimum standards, but are making significant efforts to meet those standards.” For the latest report 80 countries were placed in Tier 2.

Tier 2 Watch List this year has 68 countries, including Cuba, “whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards AND: (a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; (b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or (c) the determination that a country is making significant efforts to bring itself into compliance with minimum standards was focused on commitments by the country to take additional future steps over the next year.”

Tier 3 this year has 23 “countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so. There also are 3 countries that are not ranked and instead labeled as Special Cases.

In 2015 there was criticism by some senators about that year’s upgrading of Cuba and Malaysia. Subsequently that same year the previously mentioned State Department Office agreed to brief the Senate Foreign Relations Committee prior to releasing future reports in an effort to prevent any inappropriate influence over the country rankings recommended by the TIP office. As a result on June 21, 2017, Ambassador Coppedge did just that.[3]

Report Regarding Cuba

“The Government of Cuba does not fully meet the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government demonstrated significant efforts during the reporting period by prosecuting and convicting sex traffickers; providing services to sex trafficking victims; releasing a written report on its antitrafficking efforts; and coordinating anti-trafficking efforts across government ministries. In addition, the government investigated indicators of trafficking exhibited by foreign labor brokers recruiting Cuban citizens. However, the government did not demonstrate increasing efforts compared to the previous reporting period. The penal code does not criminalize all forms of human trafficking. The government did not prohibit forced labor, report efforts to prevent forced labor domestically, or recognize forced labor as a possible issue affecting its nationals in medical missions abroad. Because the government has devoted sufficient resources to a written plan that, if implemented, would constitute significant efforts to meet the minimum standards, Cuba was granted a waiver per the Trafficking Victims Protection Act from an otherwise required downgrade to Tier 3. Therefore, Cuba is placed on Tier 2 Watch List for the third consecutive year.”

The Report then goes on to provide the State Department’s recommendations for Cuba; assessments of the island’s prosecution, protection and prevention of trafficking; and its Trafficking Profile.

Reactions[4]

On July 13, the Senate Foreign Relations Committee held a hearing on the 2017 report with testimony from Deputy Secretary of State John Sullivan, whose opening statement did not mention Cuba, and from Ambassador Coppedge. [5]

The statement on the new report from Senator Robert Menendez (Dem., NJ), a Cuban-American, merely referenced a bill he had introduced to reform the State Department’s process for publishing its annual TIP reports, and re-published his statement about the 2015 report that criticized its granting a waiver to downgrading Cuba.

Surprisingly Senator Marco Rubio (Rep., FL), another Cuban-American and a fierce critic of the “promotion” of Cuba to Tier 2 Watch List in 2015, issued a statement about the latest trafficking report that said nothing about Cuba’s continued placement in that category.

Earlier in 2017 Senator Menendez along with cosponsors Senators Rubio, Tim Kaine (Dem., VA), Cory Gardner (Rep., CO), Rob Portman (Rep., OH) and Christopher Coons (Dem., DE) introduced the Trafficking in Persons Report Integrity Act  (S.377), which would reform the State Department’s annual trafficking reports. The press release by Rubio said the bill was prompted in part by “The past two TIP reports . . . [containing] unwarranted, politically-driven upgrades of countries with deplorable human trafficking records, like Cuba and Malaysia.”[6] However, as of August 15, 2017, no actions had been taken on the bill.

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[1] U.S. State Dep’t, Trafficking in Persons 2017 (June 2017).

[2] U.S. State Dep’t, Remarks at the 2017 Trafficking in Persons Report Launch Ceremony (June 27, 2017).

[3] Sen. Corker, Press Release: Corker Takes Part in State Department Launch of 2017 Trafficking in Persons Report (June 27, 2017).

[4] Menendez, Sen. Menendez Reacts to the 2017 TIP Report (June 27, 2017); Rubio, Rubio Statement on State Department’s Trafficking in Persons Report (June 27, 2017).

[5] Senate For. Relations Comm., Hearing to review the 2017 Trafficking in Persons Report (July 13, 2017);  Sen. Corker, Press Release: Corker Opening Statement at Hearing on 2017 State Department Trafficking in Persons Report (July 13, 2017); Deputy Sec. State Sullivan, Opening Statement Before the Senate Foreign Relations Committee, on the 2017 Trafficking in Persons Report, July 13, 2017.

[6] Press Release, Rubio, Menendez Reintroduce Legislation to Reform State Department Human Trafficking Report (Feb. 14, 2017).

U.S. and Cuba Have Diplomatic Dispute  

On August 9, it became publicly known that the U.S. and Cuba had been and still are engaged in a diplomatic dispute. Is it a spat or something more serious? Here are details about what started becoming publicly known only yesterday.[1]

  • In the fall of 2016, several U.S. diplomats at the U.S. Embassy in Havana began suffering unexplained losses of hearing, and some of the diplomats’ symptoms were so severe that they were forced to cancel their tours early and return to the U.S.
  • On February 17, 2017, the U.S. informed Cuba about these medical problems.
  • Apparently sometime in or about May 2017, the U.S. investigation of these medical problems concluded that the diplomats had been exposed to a device that operated outside the range of audible sound and had been deployed either inside or outside their residences. It was not immediately clear if the device was a weapon used in a deliberate attack, or had some other purpose.
  • On May 23, the U.S. asked two Cuban diplomats at the Cuban Embassy in Washington, D.C. to leave the U.S., and they did so.
  • On August 9, the U.S. State Department reported that the U.S. had expelled two Cuban diplomats at its Embassy in Washington, D.C. for unspecified “incidents” in Havana.
  • At a press briefing the same day (August 9), the S. State Department spokeswoman Heather Nauert said the exact nature of the incidents was unclear, but Americans serving in Cuba had returned to the U.S. for non life-threatening “medical reasons.” Moreover, she said, “We don’t have any definitive answers about the source or the cause of what we consider to be incidents. It’s caused a variety of physical symptoms in these American citizens who work for the U.S. government. We take those incidents very seriously, and there is an investigation currently under way. What this requires is providing medical examinations to these people. Initially, when they’d started reporting what I will just call symptoms, it took time to figure out what it was, and this is still ongoing. So we’re monitoring it.”
  • In response later the same day, Cuba’s Foreign Ministry released a statement that the expulsion of the Cuban diplomats was “unjustified and unsubstantiated” and that : “Cuba has never, nor would ever, allow the Cuban territory to be used for any kind of action against accredited diplomats or their families.” In addition, it said, “It reiterates its willingness to cooperate in the clarification of this situation” and had started a “comprehensive, high-priority and urgent investigation” into the alleged incidents after it had been informed of them by the embassy in February. The statement also reported that Cuba had reinforced security around the U.S. embassy and U.S. diplomatic residences.
  • Apparently also on August 9, a U.S. government official said several colleagues at the U.S. embassy in Havana had been evacuated back to the U.S. for hearing problems and other symptoms over the past six months (February-July?). Some subsequently got hearing aids, said the official, who spoke on condition of anonymity. U.S. officials also told the Associated Press that about five diplomats, several with spouses, had been affected and that no children had been involved and that the FBI and Diplomatic Security Service are investigating. The officials also stated that investigators were looking into the possibilities that the incidents were carried out by a third country such as Russia, possibly operating without the knowledge of Cuba’s formal chain of command.

Conclusion

Everyone needs to stay tuned for further developments and hope that this does not lead to a further deterioration of relations between the two countries.

The apparent medical problems experienced by spouses of U.S. diplomats suggests that if the problems were caused by some kind of electronic device, the devices were located at the diplomats’ homes, not the Embassy. Especially with the current legitimate concern over the U.S. avoiding provocative statements about North Korea, both the U.S. and Cuba need to exercise restraint, to work together to solve these problems and to avoid jumping to conclusions before the results of investigations are known.

Senator Marco Rubio has not exercised such restraint with his August 9 press release: “The Cuban government has been harassing U.S. personnel working in Havana for decades. This has not stopped with President Obama’s appeasement. Personal harm to U.S. officials shows the extent the Castro regime will go and clearly violates international norms.”[2] Calm down, Marco.

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[1]  Reuters, Cuba Denies Involvement in Incidents Concerning U.S. Diplomats, N.Y. Times (Aug. 10, 2017); Reuters, Cuba Says Investigating ‘Incidents’ Concerning U.S. Diplomats in Havana, N.Y. Times (Aug. 10, 2017); Assoc. Press, Hearing Loss of US Diplomats in Cuba Blamed on Covert Device, N.Y. Times (Aug. 10, 2017); U.S. State Dep’t, Press Briefing (Aug. 9, 2017); Gearan, U.S. expelled two Cuban diplomats after embassy employees in Cuba developed unexplained ailments, Wash. Post (Aug. 9, 2017); Cuban Foreign Ministry, Statement (Aug. 9, 2017); Cuba Foreign Ministry, Cuban Ministry of Foreign Affairs issues statement addressing allegations by the U.S., Granma (Aug. 10, 2017).

[2] Rubio Statement on Castro Regime Harming U.S. Diplomats in Cuba (Aug. 9, 2017).

U.S. Senators Urge Prioritization of Obtaining Compensation for Cuba’s Expropriation of Property Owned by U.S. Nationals

On June 1 U.S. Senators Marco Rubio (Rep., FL) and Bill Nelson (Dem., FL) urged Secretary of State Rex Tillerson and Secretary of the Treasury Steven Mnuchin to prioritize seeking compensation for Americans whose property was expropriated by the Cuban government at the start of the Cuban Revolution in 1959.[1]

The Senators correctly point out that the “U.S. Foreign Claims Settlement Commission (FCSC) has certified more than 5,900 claims against the Cuban Government for stolen [expropriated] property. These claims—now valued at approximately $8 billion—remain unresolved.”[2]

Therefore, the Senators requested the two Secretaries to “work with Congress to develop a plan and timeline for resolution of these claims, as well as consider instructing the FCSC to conduct a third Cuban Claims Program to allow for potential new claimants.”

On an unrelated matter, the Senators expressed “concern with a January 2016 decision to allow Cubaexport—a company owned by the Cuban Government—to renew its illegitimate claim on the trademark for Havana Club rum. Cubaexport registered the trademark for Havana Club in the United States only after the Cuban Government stole the trademark from the original owners. The decision was a troubling development, given longstanding U.S. policy and support for the rightful owners of stolen property, and we urge you to reconsider.”

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[1] Press Release: Rubio, Nelson Urge Administration to Seek Compensation for American Property Stolen by Cuban Government (June 5, 2017).

[2] This blog’s posts about these expropriation and other damage claims are listed in the “U.S. and Cuba Damage Claims” section of List of Posts to dwkcommentaries—Topical: CUBA.

Trump and Rubio Share “Similar Views” on Cuba

At President Trump’s rambling press conference on February 16 he said that over dinner the previous night he and Senator Marco Rubio (Rep., FL) “had a very good discussion about Cuba because we have very similar views on Cuba.” Trump added that “Cuba has been very good to me, in the elections. . ., the Cuban people, Americans.” (Torres, Trump: Rubio and I have ‘very similar views on Cuba,’ Miami Herald Feb. 16, 2017).)

No details were provided on which views were similar, but Rubio’s opposition to former President Obama’s normalisation of U.S. relations with Cuba is well known, and during last year’s presidential campaign Trump voiced similar thoughts. (See posts listed in ¨ U.S. and Cuba in the Trump Administration, 2017¨section of List of Posts to dwkcommentaries.com–Topical: CUBA.)

As  an advocate of such normalization, this is disturbing, but unfortunately not surprising, news.

 

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).