President Biden’s New Executive Orders Regarding Cuba 

On February 28 President Biden signed two executive orders regarding Cuba: extending for another year the state of national emergency with Cuba and protecting U.S. citizen data.

Order Extending State of Emergency with Cuba[1]

This order was first enacted on March 1, 1996, “to address the disruption or threatened disturbanceof international relations caused by the February 24, 1996, destruction by the Cuban Government of two unarmed civilian aircraft” registered to the United States in international airspace north of Cuba.”

In 2004 the order was expanded to deny any monetary and material suppport to the Cuban government, and in 2016 and 2018 it was modified based on continued disturbances or threatened disturbances of U.S. international relations with Cuba.

Finally the recent order banned the “unauthorized entry of any U.S.-registered vessel into Cuban territorial waters . .. . because such entry would facilitate a mass migration from Cuba” which would pose “a disturbance or threaened disturbance of the international relations of”
the U.S.

Order Protecting Data of U.S. Citizens[2]

This order protects the data of U.S. citizens from espionage by other states, including those the U.S. has determined to be sponsors of terrorism, including Cuba.

A White House statement asserted  that “companies are collecting more data from Americans than ever and it is often sold and resold legally through data brokers. Commercial data brokers and other companies can sell it to countries of interest or to entities controlled by those countries, and may fall into the hands of foreign intelligence services, armies or companies controlled by foreign governments.

It also specifically vetoes the transfer of genomic information, biometric data, personal health, geolocation, financial and other types of personal information.

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[1] White House, Notice of the Continuation of the National Emergency with respect to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels (Feb. 21, 2024); The US extends the state of national emergency with respect to Cuba for one more year, Diario de Cuba (Feb. 29, 2024)

[2] White House, Executive Order on Preventing access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern (Feb. 28, 2024); Biden signs an order to protect the data of Americans from the Cuban regime, Dirio de Cuba (Feb. 28, 2024)

 

Presidential Determination on Refugee Admissions for Fiscal 2024 

On September 29, 2023, President Biden signed the Presidential Determination on Refugee Admissions for Fiscal Year 2024 (10/01/23–09/30/24).The new annual limit is 125,000.[1]

This Presidential document also stated, “The world is facing an unprecedented global displacement crisis in which record numbers of people have been forced to flee war, persecution, and instability. The United States has worked to rebuild, streamline, and expand the U.S. Refugee Admissions Program. In 2023, the Department of State, in coordination with the U.S. Department of Health and Human Services, launched the Welcome Corps, an innovative program that empowers everyday Americans to welcome refugees arriving through the U. S. Refugee Admissions Program, as well as Welcome Corps on Campus, a targeted higher education sponsorship initiative that enables U.S. colleges and universities to play a leading role in resettling refugee students. Admitting 125,000 refugees—an ambitious target not achieved in three decades—is now within reach.”

“As part of today’s Determination by President Biden, the United States has exponentially increased our resettlement efforts for individuals from Latin America and the Caribbean to provide protection pathways in our region. The Administration also remains focused on expanding the resettlement of key populations of concern, including our Afghan allies; Rohingya refugees; lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals; human rights defenders; and individuals persecuted for their religious beliefs.”

“Our leadership on refugee resettlement reflects our history as a nation of welcome. Since the passage of the Refugee Act in 1980, the United States has admitted over three million refugees. Alongside robust humanitarian aid and diplomacy, U.S. refugee resettlement helps promote stability in regions experiencing crisis and demonstrates U.S. responsibility-sharing with refugee-hosting countries. The United States will continue to be a global leader in providing safety and opportunity for the world’s most vulnerable.”

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[1] State Dep’t, The Presidential Determination on Refugee Admissions for Fiscal Year 2024, http://www.state.gov (Sept. 29, 2023).

More Conflicting News About Cubans Fighting for Russia Against Ukraine While U.S. Continues Anti-Cuban Policies

The last several days have seen more conflicting news reports about whether Cuba condemns or tolerates Cubans fighting for Russia in the Ukrainian war. There also has been an U.S.-Cuba meeting on various issues and U.S. refusal to cancel its designation of Cuba as a state sponsor of terrorism as well as the U.S. continued authorization of its embargo of the island.

Cuba and the Ukrainian War[1]

On September 14, Reuters reported that RIA, a Russian state-owned news agency, had stated that “Cuba is not against  the legal participation of its citizens in Russia’s war in Ukraine.” RIA’s stated source was the Cuban ambassador to Russia, Julio Antonio Garmendia Pena, who was quoted as saying, “We have nothing against Cubans who just want to sign a contract and legally take part with the Russian army in this operation. But we are against illegality” and those recently arrested in Cuba “had been engaged in illegal activities and had broken the law.”

More details about the Ambassador’s statement were provided by the Miami Herald, which reported that he said the Cubans who had been arrested were “’swindlers’ who had broken the law” and “We are talking about bad people who, on the basis of such an important issue as a military operation, as relations between our countries, want to earn money, want to put money in their pocket and engage in illegal activities.”

A Cuban Foreign Ministry official in Havana, however, on September 14, issued the following statement:

  • “Cuba reiterates its firm historical position against mercenarism and upholds its active role at the United Nations against that practice. Cuban laws are very explicit in relation to the criminalization of crimes such as trafficking in persons, smuggling of migrants and mercenarism.”
  • “Cuba likewise reiterates that it is not a part of the war conflict in Ukraine.  It also states that, following the uncovering of a trafficking in persons network operating from Russia, intended to recruit Cuban citizens settled in that country, as well as others residing in Cuba, so that they would join the military forces taking part in war operations in Ukraine, several attempts of this same nature have been neutralized and criminal proceedings have been established against persons involved in such activities.”
  • “The Cuban authorities maintain an exchange with their Russian counterparts in relation to these incidents, given the excellent level of relations that exist between both countries, with the purpose of clarifying these events.”

The Miami Herald also reported that a “U.S. State Department official said the administration is “concerned by reports alleging young Cubans have been deceived and recruited to fight for Russia in its brutal full-scale invasion of Ukraine. Russia’s need to use deceit to attract foreign fighters indicates both its military weakness and its disregard for human life. We continue to monitor the situation closely.”

In addition, the Miami Herald reported that the chairman of the Ukrainian parliament’s committee on foreign relations, Oleksandr Merezhko, stated, “the Cuban communist regime pretends that it has nothing to do with this ‘human trafficking.’ In reality, this totalitarian regime is on the side of the aggressor.”

U.S. Actions Regarding Cuba[2]

The  U.S. State Department confirmed that on September 11, 2023,  Assistant Secretary for Western Hemisphere Affairs Brian Nichols met with the Cuban vice foreign minister and discussed “human rights, migration, and other issues of bilateral interest” after a number of meetings with officials from the Cuban embassy in Washington. But the U.S. did not agree to terminate its designation of Cuba as a state sponsor of terrorism.

Another U.S. action continuing its hostility towards Cuba was President Biden on September 13, 2023, signing another year’s extension of the Trading with the Enemy Law, which is the basis for the U.S. embargo of the island. That document urged the Secretary of the Treasury, Janet Yellen, to enforce this sanctioning measure against the Cuban economy, and emphasized that the embargo “is in the national interest” of the United States.

Reactions

The U.S. needs to end its embargo of Cuba and its designation of Cuba as a state sponsor of terrorism. In addition, the U.S. needs to press Cuba to stop assisting Russia in its war against Ukraine and to publicly clarify Cuba’s policies and actions regarding Ukraine.

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[1] Conflicting News About Cubans Fighting for Russia, dwkcommentaries.com (Sept. 12, 2023); Cuba is not against its citizens fighting on Russia’s side in Ukraine, RIS cites envoy, Reuters.com (Sept. 14, 2023); RIA Novosti, Wikipedia; Torres, Cuban diplomat says island will not stop citizens from fighting for Russia in Ukraine, Miami Herald (Sept,. 14, 2023); Statement by Lleana Nunez Mordoche, Director for Europe and Canada of the General Division of Bilateral Affairs of the Ministry of Foreign Affairs of Cuba (Sept. 14, 2023). Damage control: the regime says it opposes the participation of Cubans in any conflict, Diario de Cuba (Sept. 15, 2023).

[2] U.S. State Dep’t, Department Press Briefing—September 14, 2023;

 

Torres, American and Cuban officials meet ahead of Cuban leader’s trip to UN meeting in New York, Miami Herald (Sept. 14, 2023); Spetalnick, High-Level US-Cuba talks yield no progress on top disputes, Cuban official says, Reuters.com (Sept. 14, 2023); Senior Cuban and US officials hold an unusual meeting in Washington, Diario de Cuba (Sept. 15, 2023); Capote, Biden ratifies the blockade with his signature: the genocide against Cuba continues, Granma.com (Sept. 14, 2023); White House, Memorandum on the Continuation of the Exercise of Certain Authorities under the Trading With the Enemy Act (Sept. 13, 2023).

 

U.S. Needs To Improve Relations with Cuba

Cuba recently has been the subject of many related news reports. First, the island is suffering from many economic problems, including many younger Cubans abandoning the island for life elsewhere. Second, many private enterprises on the island are being successful.  Third, this year Russia and China have been increasing their connections with Cuba to support that country and oppose U.S. actions against the island. Fourth, the above developments pose challenges to the U.S., which needs to return to its positive relationships with Cuba that were started in the Obama Administration.

Cuba’s Recent Economic Problems[1]

“With sanctions tightened by the Trump Administration (and not repealed by the Biden Administration), Cuban economic mismanagement and the impact of the pandemic and other events, Cuban inflation has soared, basic foods and medicines have become scarce, and money transfers from Cubans in the U.S. have dwindled. The flow of foreign tourists has also dried up.”

In July 2021, this “economic crisis sparked a wave of protests across the island, which prompted a harsh response from security forces. In the following months the government brought charges against 930 protesters and sentenced 675 of them to prison terms, some as long as 25 years, according to Laritza Diversent, director of human-rights group Cubalex.”

In August 2022 a “fire destroyed 40% of the fuel storage capacity at the port city of Matanzas, leading to increased electricity outages that even before the disaster were lasting up to 20 hours a day in many places.”

Cuba’s economic difficulties also were exacerbated by the Trump Administration’s 2019 imposition of the harshest economic sanctions against Cuba in more than a half-century. It ended virtually all non-family travel to Cuba and placed new limits on the money Cuba-Americans could send to family on the island. This Administration also began implementing an old law aimed at blocking both U.S. and foreign investment on the island that had been on hold because of immense opposition from U.S. allies. This move unleashed a law allowing Cuban Americans to sue in U.S. courts any company that benefits from their property on the island that had been confiscated by Fidel Castro’s regime. More significantly, the Trump Administration re-designated Cuba as a state-sponsor of terrorism.[2]

In response to these problems, as of August 2022, “More than 175,000 Cuban migrants were apprehended in the U.S. between last October and July, six times as many as in the previous 12-month period, according to U.S. Customs and Border Protection. Most are young, single adults, according to government statistics. Many are relatively well educated, say people who work with the migrants.” This “exodus reflects the desperation, the lack of hope, and the lack of future people on the island feel,” said Jorge Duany, head of the Cuban Research Institute at Florida International University.”

Recent Expansion of Cuban Private Enterprises on the Island[3]

According to Miami Herald, “over the past two years . . . [p]rivate businesses, banished from the island by Fidel Castro more than 60 years ago, are making a strong comeback, employing more people than state enterprises, gaining trust from foreign creditors and helping put food on Cubans’ tables at a time of widespread scarcity.” Recently Cuba’s economy minister, Alejandro Gil, in a speech at the National Assembly reported that “the private sector is on track to buy over a billion dollars in goods by the end of [this] year—outpacing the government as the country’s largest importer.”

“[P]rivate grocery stores are taking the place of the empty-shelf government supermarkets, and all sorts of [private] businesses are filling the space once monopolized by the state. Some restaurant owners are now opening chains or franchises. Others are entering partnerships with cash-strapped local enterprises owned by the state and paying in foreign currency for the supplies needed for their production lines.”

“Cuban [government] leaders have long resisted [such a development] because it aims at the heart of the state-controlled Marxist economy.” But “[t]they’ve had no choice but to allow it amid the most severe economic crisis.” As a result, Cuba is looking “less like the highly centralized socialist economy . . . and more like a country in transition, where a nascent business community coexists with inefficient state companies.”

According to Ricardo Herrero, executive director of the Cuba Study Group, a Cuban-American organization that helps train entrepreneurs on the island, who “share similar value sets with entrepreneurs here in the  United States.” They “want the government off their backs and want to see better relations between the United States and Cuba, particularly between Cuba and the diaspora.” Moreover, “some Cubans living in Miami are even owners or partners in some of these private companies.”

The Cuban “private sector now employs around 35% of Cuba’s work force, about 1.6 million workers, surpassing the 1.3 million employed by state enterprises, according to Cuban economist Juan Triana, a professor at the Center for the Study of the Cuban Economy at the University of Havana.

These non-state actors through the end of this April were responsible for $270 million of Cuba’s imports or 61% of its total imports according to Pedro Monreal, a Cuban economist who works for the U.N. Educational, Scientific and Cultural Organization.

On August 2, 2023, however, Cuba’s Central Bank announced new regulations that will require small private businesses to offer their customers ways to make digital payments and promptly to deposit all cash revenue in their bank accounts while banning cash withdrawals to pay operating expenses. This also will ban private enterprises from using their Cuban pesos to buy U.S. dollars in the informal market to pay for goods purchased abroad while the government is unable to provide food and essential goods for the people. As a result, these regulations are another government attempt to regulate the private sector and are expected to cause immense practical difficulties in the state-owned banks and system to implement the regulations and regulate increases in retail prices on the island.

Russian and Chinese Recent Assistance to Cuba[4]

Starting in February 2023, “high-level Russian officials began a steady stream of public visits to Cuba. Barely a month went by without a high-profile Russia-Cuba visit.” And high-level Cuban officials also were visiting Russia. Here is at least a partial list of those visits this year:

  • “In March, Nikolai Patrushev, secretary of the Russian Security Council and Igor Sechin, the powerful director of the Russian state oil company, Rosneft, met with leaders in Havana.”
  • “In April, Russian foreign minister, Sergey Lavrov, visited the island as part of a regional tour that included two other American adversaries — Venezuela and Nicaragua.”
  • “In June, Cuban Prime Minister Manuel Marrero Cruz visited Russia for more than ten days, including a meeting with Putin.
  • More recently, “Alvaro Lopéz Miera, the Cuban defense minister, traveled to Moscow . . . for discussions with his Russian counterparts — including Sergei Shoigu, one of the notorious architects of the war in Ukraine.” And Shoigu announced that “Cuba has been and remains Russia’s most important ally in the [Caribbean] region.” Shoigu promised that Moscow was “ready to render assistance to the island of freedom and to lend a shoulder to our Cuban friends.”
  • Similar comments came from “Cuban Deputy Foreign Minister Gerardo Peñalver, [who] described the two countries as ‘strategic allies’ cooperating against ‘unilateral coercive measures’ from Washington.”

These contacts have resulted in a memo of understanding whereby Russia will invest in Cuba’s agricultural lands to produce goods for the Russian market, Russia will increase its commercial flights to Cuba’s eight airports, will modernize Cuba’s major industries and reduce tariffs and costs for Russian exports to the island and will construct an all-Russian hotel, shopping mall and banking facilities in Cuba.

In addition, “Russia pledged to give oil and various industrial supplies to Cuba. By one estimate, Moscow has already sent the island more than $160 million worth of oil this year. And Russian news agencies announced that additional supplies will follow.”

“Cuba now receives direct flights from Russia (flights had been suspended after the invasion of Ukraine), and it has joined the ’Mir’ payment system that Moscow created to facilitate the conversion of rubles to pesos and other currencies for tourism, trade and aid. Over 1,000 Russian oil executives and staff are expected to the visit Cuba by year’s end.”

In early July, “the Russian naval ship, Perekop, diverted to Cuba from the country’s Baltic Sea fleet more than 7,000 miles away. The ship carried approximately 100 Russian naval cadets, humanitarian assistance and various equipment to Cuba. The Russian ambassador and the deputy commander of the Russian Navy attended the ship’s elaborate arrival ceremony, symbolizing that this was the beginning of deeper collaboration.”

China, on the other hand, is Cuba’s largest trading partner, and plays a role in the island’s agricultural, pharmaceutical, telecommunications and infrastructural industries. Beijing also owns a significant measure of Havana’s foreign debt.

In early June 2023, there were reports that China was planning to build an electronic listening station in Cuba in exchange for paying Cuba billions of U.S. dollars and that U.S. officials were concerned that such a station could be capable of spying on the United States by intercepting electronic signals from nearby U.S. military and commercial facilities and could amplify Beijing’s technological capacity to monitor sensitive operations across the Southeastern U.S., including several military bases. This Chinese base is part of what the US intelligence community identifies as a wider Chinese effort to intercept American communications, steal secrets and prepare for increased competition.” However, on June 10th an anonymous Biden official said that before 2019, the U.S. knew there was an operating Chinese spy base or facilities in Cuba that could intercept electronic signals from nearby U.S. military and commercial buildings.

In any event, Evan Ellis, a Latin America analyst at the U.S. Army War College, saw such an electronics facility as “a sign of the island’s financial desperation. China gives money to Cuba it desperately needs, and China gets access to the listening facility.” However, Michael Bustamante, a Cuba expert at the University of Miami, said aside from Cuba’s financial dire straits, the deal with China may reflect that the Cuban government feels it has little to lose given how poor its relationship is with the U.S.

Moreover, according to the Wall Street Journal, in later June 2023, Cuba and China were negotiating to establish a new joint military training facility on the north coast of the island that would be “part of China’s ‘Project 141,’ an initiative by the People’s Liberation Army to expand its global military base and logistical support network. It also is a sign that China now sees its struggle with the U.S. as global and that it must operate around the world to fend off Washington and protect Chinese interests.

U.S. and Cuban Exchanges About Chinese and Russian Connections with Cuba[5]

On June 20, 2023, U.S. Secretary of State Antony Blinken said that the U.S. would “have deep concerns” about Chinese military activity on Cuba, and that he made this message clear on his recent visit to Beijing.

The next day at the June 21 State Department Press Briefing, , the Department’s Principal Deputy Spokesperson, Vidant Patel, said, “The Secretary raised the serious concerns the U.S. would have about any intelligence or military facility in Cuba, saying that we will continue to defend our interests here.” Then in response to a reporter’s question, Patel added, “[W]e we are monitoring and responding to any PRC attempts to expand its military or security presence around the world, and we watch how potential PRC actions may impact the United States. Our experts assess that our diplomatic efforts have slowed the PRC down, and there of course continue to still be challenges, but we continue to be concerned about the PRC’s longstanding activities with Cuba. The PRC will keep trying to enhance its presence in Cuba and we will keep working to disrupt it.”

These U.S. assertions were strongly denounced by Cuba’s Minister of Foreign Affairs, Bruno Rodriguez Parrilla, in the following statement:

  • “The assertions made by the US Secretary of State about the presence of a Chinese spy base in Cuba are false, totally false. Cuba’s standing on this subject is clear and unequivocal.”
  • “These are unfounded allegations.”
  • “The [U.S.] aim is to use them as a pretext to maintain the economic blockade against Cuba and the measures of maximum pressure that have strengthened it in recent years, and which have been increasingly rejected by the international community, as well as inside the United States. The rejection includes the demand to remove Cuba from the arbitrary list of States Sponsors of Terrorism.”
  • “Cuba is not a threat to the United States or any other country.  The United States implements a policy that threatens and punishes the entire Cuban population on a daily basis.”
  • “The US has imposed and owns tens of military bases in our region and also maintains, against the will of the Cuban people, a military base in the territory that it illegally occupies in the province of Guantánamo.”
  • “We are witnessing a new disinformation operation, similar to the many others in the United States throughout its long history of hostility against our country.”

On August 2, Granma, the official organ of Cuba’s Communist Party’s Central Committee, reiterated Cuba’s denunciation of the U.S. embargo (blockade) of Cuba, with the following words:

  • “The Ministry of Communications (MICOM) is the target of the brutal blockade of the United States against Cuba, according to confirmation of damages that only in the period August 2021-February 2022 caused economic damages and losses that exceeded 104 million dollars.”
  • “This was denounced by the first deputy minister of the sector, Wilfredo González Vidal, who specified to the Cuban News Agency (ACN) that the cruel economic, commercial and financial monstrosity reduces the dynamism and speed of the digital transformation process of our country.”
  • “The set of actions developed by the United States, he said, ‘continues to be the main impediment to a better flow of information and broader access to the Internet and Information and Communication Technologies (ICT) for our people.’”
  • “However, in Cuba the expansion of access to the network of networks and knowledge continues, and today it has 7.8 million mobile phone users and of them almost seven million access the Internet through this important channel, he noted.”
  • “This, he asserted, is due to the effort and will of the State to advance in the information society, creating a responsible culture on the use of new technologies in favor of the economy and society.”
  • “The official pointed out that the economic damages and losses caused to the Communications System, as a consequence of the blockade, are evident throughout the sector, that is, in Telecommunications, Information Technologies and Postal Services.”
  • “Likewise, according to the ACN, it described as significant the effects due to the limitations of supplies of technologies and equipment produced under license, or using North American components, which forces it to go to other markets, much further away, an obstacle for which the greatest effects are quantified to sector.”

In July 2023 the U.S. went beyond words by sending “a nuclear-powered submarine, the USS Pasadena, to the American-held base at Guantanamo Bay. Officially a ‘logistics stop,’ this was a warning and a show of strength. The Cuban Ministry of Foreign Affairs condemned the submarine visit as a ‘provocative escalation.’ The US Navy said the move was ‘not without precedent.’”

U.S. Should Return to Positive Engagement with Cuba[6]

Only a few years ago, the government of Cuba was pursuing closer ties to Washington. According to William LeoGrande, a Latin America expert at American University, “Every major component of Cuba’s economic strategy in the last two decades had been premised on long-term expectations that the relationship with the U.S. would improve.”

In December 2014, this Cuban effort paid off when the two countries presidents (Barack Obama and Raul Castro) announced that their countries would be pursing efforts to improve relations, and that effort produced positive results for the rest of Obama’s presidency ending in early January 2017. Everyone from Conan O’Brien to Andrew Cuomo to Steve Nash began showing up in Havana. As a University of Miami’s Cuba expert, Michael J. Bustamante, noted at the time, “the American flag has even become the most stylish national standard, appearing on Cubans’ T-shirts, tights and tank tops.”

However, the Trump presidency (2017-21) and the Biden presidency since early 2021 have been engaged in U.S. policies of hostility toward Cuba.

Now the emergence of an important private enterprise sector of the Cuban economy has provided the opportunity for the two countries to return to better relations that improve the living conditions of the people on the island. This argument was well put in an op-ed article in the Miami Herald by Miguel “Mike” Fernandez, the Chairman of Coral Gables, Florida’s MBF Healthcare Partners, who said the following:

  • “It is time to shift our focus toward uplifting the Cuban people, primarily by supporting and empowering the emerging private sector, to restore hope and a bright future for the nation.”
  • “By promoting and facilitating engagement and collaboration with Cuba’s emerging private sector, the United States can foster positive change, enhance regional stability and tap the vast potential of Cubans’ entrepreneurial spirit, while reducing the vast numbers of Cuban immigrants arriving at the southern border.”
  • “A notable, and not so quiet, course change has begun as the Cuban government has had to accept the reality that it’s broke. Hence the emergence of a private sector, which can use our support because of our know-how and capital resources as a viable alternative to a punitive strategy. . . . [This private sector] is providing solutions for Cubans where the government no longer can. . . . [and] presents an opportunity to transform the country’s economic landscape.”
  • “It is crucial for the United States to support and engage with Cuba’s private sector to reduce emigration to this country and promote stability and prosperity within the island. . . . By redirecting our efforts toward supporting the growth of entrepreneurship, small businesses and foreign investment, we can foster an environment of economic independence for Cubans.”

At the top of the “to do” list for the U.S. is cancelling (1) the U.S. embargo [blockade] of Cuba; (2) the U.S. designation of Cuba as a state sponsor of terrorism, which the Obama Administration had done in 2015; and (3) the ban on U.S. tourist visas for Cuba. The U.S. should also initiate diplomatic discussions with Cuba regarding many issues, including U.S. positions on Cuba set forth in U.S. annual reports on world-wide trafficking in persons; religious freedom; and human rights.[7]

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[1] E.g., Cordoba, Cuban Migrants Head to the U.S. in Record Numbers, W.S.J. (Aug. 24, 2022)

[2] Trump declares economic war on Cuba, the Conversation (April 18, 2019); Communications sector severely damaged by the US blockade, Granma (Aug. 2, 2023).

[3] Torres, Capitalism makes strong comeback in Cuba after six decades of socialism. Will it last?, Miami Herald (June 23, 2023); Torres, How Miami companies are secretly fueling the dramatic growth of Cuba’s private businesses, Miami Herald (June 23, 2023); Fernandez, Transforming U.S.-Cuba relations: From dominating to elevating/Opinion, Miami Herald (July 19, 2023); MF Healthcare Partners, Rodriguez, Evaluate new proposals for measures in commerce to promote payment through electronic channels, Granma (Aug. 3, 2023); Torres, Sudden banking cash-withdrawal limit threatens private sector and food imports to Cuba, Miami Herald (Aug. 4, 2023).

[4] Demirjian & Wong, China to Build Station That Could Spy on U.S. from Cuba, Officials Say, N.Y. Times (June 8, 2023); Strobel & Lubold, Cuba to Host Secret Chinese Spy Base Focusing on U.S., W.S.J. (June 8, 2023); Cordoba, Cuba’s Spy Deal With China Has Echoes of Cold War Tensions, W.S.J. (June 8, 2023); Gale & Ramzy, Cuba Base Would Help China Identify Strike Targets in U.S., W.S.J. (June 9, 2023); Hutzler & Vyas, Cuba Spy Station Brings China Closer to America’s Doorstep, W.S.J. (June 9, 2023); Demirjian & Wong, China Has Had a Spy Base in Cuba for Years, Official Says, N.Y. Times (June 10, 2023); Lubold & Strobel, White House Says China Has Had Cuba Spy Base Since at Least 2019, W.S.J. (June 11, 2023); Strobel, Lubold, Salama & Gordon, Beijing Plans a New Training Facility in Cuba, Raising Prospect of Chinese Troops on America’s doorstep, W.S.J. (June 20, 2023); Editorial, China’s New Military Footprint in Cuba, W.S.J. (June 20, 2023; Yu, China Plans With Cuba for Global Dominance, W.S.J. (June 29, 2023); Suchlicki, The Russians are coming back to Cuba, prepared to challenge U.S. on its doorstep/Opinion, Miami Herald (June 23, 2023); Bihart, America’s Foes Are Joining Forces, N.Y. Times (July 3, 2023); Torres, China has had a spy base in Cuba for decades, former intelligence officer says, Miami Herald (July 5, 2023).Suri, Opinion: In tough times, Russia turns to a Cold War comrade, CNN.com (July 20, 2023).

[5] Editorial, China’s New Military Footprint in Cuba, W.S.J. (June 20, 2023); U.S. State Dep’t, Department Press Briefing—(June 21, 2023); Cuba Foreign Minister Parrilla, Cuba is not a threat to the United States or any other country, Granma (June 13, 2023). Communications sector severely damaged by the US blockade, Granma (Aug. 2, 2023);

[6] President Obama Rescinds U.S. Designation of Cuba as a ‘State Sponsor of Terrorism,” dwkcommantaries.com (04/15/15); U.S. Rescinds Designation of Cuba as a “State Sponsor of Terrorism, dwkcommantaries.com (05/29/15)  U.S. State Dep’t, U.S. Relations with Cuba (Nov. 22, 2019).

[7] This post does not comment on the multitude of issues regarding U.S.-Cuba relations. However, this blog has published a list of many of these posts about many of these issues, which has not been recently updated, (See, e.g., List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20].

U.S. Should Release All Guantanamo Prisoners and Close Down

A New York Times editorial starts with the factual assertion that “30 men . . . [are] still imprisoned at the U.S. naval base whose name has become synonymous with American shame.” Although President Biden “said at the outset of his administration that he would seek to have the detention center closed . . . the moral imperative and the ethical case for doing so has only gotten stronger with time.”[1]

Such closure, per the editorial, requires the President “to find countries willing to take 16 [of them] who are deemed to post no terror threat and have been cleared to leave” and “to clarify the ‘policy principles that would open the way for plea bargains for those [14] cases in which convictions are no longer possible.”

Although the President “has full authority to clear these hurdles and either repatriate the remaining prisoners or get them to a plea bargain,” he “needs to ensure that the task has the highest priority.”

The editorial concluded with testimony before the Senate Judiciary Committee from Retired Marine Brig. Gen. John Baker, who had served as chief defense counsel at the base for six and a half years.  “The best that can be hoped for at this point, more than 20 years after the crimes were committed, is to bring this sordid chapter of American history to an end. And that end can only come through a negotiated resolution of the cases.”

Other Recent Developments Regarding Guantanamo

The editorial started by acknowledging that after nearly 21 years of detention the U.S. had just released an Algerian to his home country after never having been charged with any crimes by the U.S. [2]

On the same day as the editorial, a senior official of the International Committee of the Red Cross expressed alarm about deteriorating health conditions and inadequate preparations for aging prisoners at Guantanamo.[3]

Earlier this month the D.C. Circuit Court of Appeals, en banc, refused to rule on whether a Guantanamo detainee from Yemen who had been detained in Guantanamo for 20 years had due process rights under the U.S. Constitution’s Fifth Amendment and remanded the case to the district court to determine whether he should be released because the U.S. no longer considers him to be a security threat.[4]

Conclusion

Release all the prisoners and close Guantanamo as soon as possible!

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[1] Editorial, Biden Can Close the Legal Black Hole at Guantanamo, N.Y. Times (April 29, 2023)

[2]  Rosenberg, Pentagon’s Repatriation of Algerian Leaves 30 Prisoners at Guantanamo, N.Y. Times (April 20, 2023)

[3] Rosenberg, Red Cross Expresses Alarm Over Detainee Health at Guantanamo Bay, N.Y. Times (April 21, 2023)

[4] Weiner & Hsu, Divided court leaves constitutional issue at Guantanamo unresolved, Wash. Post (April 12, 2023); Opinion, Al-Hela v. Biden, U.S. Court of Appeals, No. 19-5079 (D.C. Cir. April 4 & 12, 2023).

 

President Biden’s Argument for New Asylum/Border Policy

The Biden Administration’s new asylum/border policy was announced on January 5th. [1] That same day President Biden made the following lengthy statement about the new policy.[2]

“On my first day in office . . . I  sent Congress a comprehensive piece of legislation that would completely overhaul what has been a broken immigration system for a long time: cracking down on illegal immigration; strengthening legal immigration; and protecting DREAMers, those with temporary protected status, and farmworkers, who all are part of the fabric of our nation.’

“But congressional Republicans have refused to consider my comprehensive plan. And they rejected my recent request for an additional $3.5 billion to secure the border and funds for 2,000 new . . . asylum officers and personnel — and 100 new immigration judges so people don’t have to wait years to get their claims adjudicated, which they have a right to make a claim legally.”

“And the failure to pass and fund this comprehensive plan has increased the challenges that we’re seeing at our southwest border. . . .”

“People come to America for a whole lot of different reasons. To seek new opportunity in what is the strongest economy in the world. Can’t blame them wanting to do it. They flee oppression . . . to the . . . freest nation in the world. They chase their own American Dream in the greatest nation in the world.”

“And the story of America is the story of so many of your families — including mine, going back to the mid-1800s from Ireland.”

“Now, there are a number of ways to immigrate to America legally under our existing laws. For example, an American citizen — an American citizen can sponsor an immediate family member from another country. An American company can sponsor an employee from another country. There are visas for students to study in our colleges and other special categories.”

“And regardless of the legal pathway, . . they process them to require everyone be involved in following the law. That’s the notion. There are laws to get here legally. That includes another legal way for someone to come to America by seeking asylum because they’re fleeing persecution, like a lot of our ancestors did as well.”

“And for many people, that’s what’s happening at our southwest border now.”

“Over the past several years, thousands of people have been fleeing from Central and South America and the Caribbean countries ruled by oppressive dictators — including Cuba, Nicaragua, and Venezuela — and escaping gang violence, which has the same impact, in Haiti.”

“Currently, these four countries account for most of the people traveling into Mexico to start a new life by getting . . .to the American border and trying to cross.”

“But instead of safe and orderly process at the border, we have a patchwork system that simply doesn’t work as it should. We don’t have enough asylum officers or personnel to determine whether people qualify for asylum. . . . {W] don’t have enough . . .immigration judges to adjudicate the claims of immigrants.”

In fact, the previous administration used a rule called Title 42 to deal with . . . the pandemic, . . . to rapidly expel people who crossed the border. It was . . . designed to deal with the pandemic, but it’s used as a means to expel people at the border.”

“People turned away under Title 42, and they are . . . not barred from trying to come back. They’ve been turned away. They go back. They try again. They try again.. . . [T]hey can and they do try to re-enter the United States again and again, which makes the problem . . . at the border even worse.”

And under the [upcoming] United States Supreme Court decision . . . on Title 42 later this year, my administration will . . . make a decision, finally, what to do about Title 42. In the meantime, my administration will continue to use that authority as the Supreme Court has required.”

And until Congress passes the funds — a comprehensive immigration plan to fix the system completely — my administration is going to work to make things better at the border using the tools that we have available to us now.”

“Today, my administration is taking several steps to stiffen enforcement for those who try to come without a legal right to stay, and to put in place a faster process — I emphasize a ‘faster process’ — to decide a claim of asylum. . . .”

“Over the summer, we saw a huge spike in the number of Venezuelans traveling through — through Mexico and attempting to enter the United States without going through our legal processes.”

“We] responded by using and ensuring that there are two safe and lawful ways for someone leaving [their] country to come to America.”

“First, if they’re seeking asylum, they can use an app on their cell phone called CBP One. . . .  To schedule an appointment at a port of entry and make their asylum claim there without crossing the border unlawfully and have a decision determined by an asylum officer . . . [whether] they qualify.”

“Second, in October, we worked with the Mexican government to launch a new parole program. . . . The way this parole program works: One must have a lawful sponsor here in the United States who agrees to sponsor you to get here.”

“Then, that person has to . . . undergo rigorous background checks and apply from outside the United States and not cross the border illegally in the meantime.”

“If they apply and their application is approved, they can use the same app, the CBP One app, to present at a port of entry and be able to work in the United States legally for two years. That’s the process.”

“But if their application is denied or if they attempt to cross into the United States unlawfully, they will be returned back to Mexico and will not be eligible for this program after that.”

“If they apply and they do it properly, fine. If they . . . don’t apply and they try to come through, they’re not going to have an opportunity to deal with the program.”

“This new process is orderly, it’s safe, and it’s humane. And it works.”

“Since we created the new program, the number of Venezuelans trying to enter America without going through a legal process has dropped dramatically, from about 1,100 per day to less than 250 per day on average. That’s several hundred people on average every single day who are not crossing into America illegally.”

“Today I’m announcing that my administration is going to expand the parole program for people not only from Venezuela but from Cuba, Nicaragua, and Haiti.”

“Again, these four countries — Venezuela, Cuba and — Cuba and Nicaragua and Haiti — these four countries account for most of the people now traveling into Mexico to try to start a new life by crossing the border into the United States of America on the southwest border.”

“We anticipate this action is going to substantially reduce the number of people attempting . . . to cross our southwest border without going through a legal process.”

“In fact, today I’m announcing that Mexico has agreed to allow [the U.S.]up to re- — to return up to 30,000 persons per month who try, get caught, and get sent back from those four countries who are apprehended while attempting to unlawfully cross the . . . the southwest border.”

“My message is this: If you’re trying to leave Cuba, Nicaragua, or Haiti, . . . or have agreed to begin a journey to America, . . . do not just show up at the border. Stay where you are and apply legally from there.”

“Starting today, if you don’t apply through the legal process, you will not be eligible for this new parole program.”

“Let me reiterate: You need a lawful sponsor in the United States of America. . .  And you need to undergo a rigorous background check.”

If your application is approved and you show up at . . . when and where directed, you have access.”

“But if your application is denied or you attempt to cross into the United States unlawfully, you will not be allowed to enter.”

[We] should all recognize that as long as America is the land of freedom and opportunity, people are going to try to come here. And that’s what many of our ancestors did, and it’s no surprise that it’s happening again today.”

“We can’t stop people from making the journey, but we can require them to come here . . .in an orderly way under U.S. law.”

“The actions we’re announcing today will make things better — will make things better but will not fix the border problem completely.”

“That work will not be done unless and until the Congress enacts and funds a more comprehensive immigration plan that I proposed on day one.”

“Last year, I brought together 20 leaders . . .from the Western Hemisphere . . . to stabilize the flow of immigration, to expand pathways to immigration, and to manage . . .”the border humanely.”

“The leaders of the hemisphere have built on those efforts that I led when I was Vice President to expand economic assistance to nations in north Central America so people . . .can improve their economic prospects at home, instead of having to leave for the United States.”

“Most people would much rather stay in the country they are if they can feed their families, be safe, send their kids to school, and have opportunity.”

“It’s not like people are sitting around a table . . . somewhere in Central America and saying, ‘I got a great idea. Let’s sell everything we have. Let’s give it to a coyote, a smuggler. They’ll take us on a harrowing journey for thousands of miles to get to the United States, then we’re going to illegally cross the border. They’re going to drop us in a desert. And we’re — in a place where we don’t speak the language. Won’t that be fun?’”

“ [Vice] President Harris . . . led this effort to make things better in the countries from which they are leaving. And thanks to her leadership, she’s been able to generate more than $3.2 billion from the private sector to create jobs and opportunities in El Salvador, Honduras, and Guatemala to help people stay in their own countries . . . where it’ll be safer and they have some opportunities.”

“We’ve also set up joint patrols and law enforcement with Mexico and Guatemala that share real-time information on locations that smugglers are using to convince migrant groups to cross illegally.”

“We embedded our Border Patrol officers with Mexican patrols to detect . . . and raid human smuggling operations. . . . [T]hus far, there have — more than 7,000 arrests of human smugglers in the last six months. . . .”

“That’s not just human smuggling at the border. We’re focused on cracking down on drug smuggling, which is a serious and deadly . . . problem. . . .”

“My administration has allocated record funding that added hundreds of additional Border Patrol agents and installed new cutting-edge technologies to be able to use . . . like a X-ray machine, detailed to be able to look through these large containers to determine what’s in the container and — at the border.”

“For example, since August of last year, Customs and Border Patrol have seized more than 20,000 pounds of deadly fentanyl. That’s enough to kill — kill as many as 1,000 people in this country.”

“And next week, I’m going to travel to Mexico where I’m going to meet with President López Obrador. We have a big agenda that ranges from the climate crisis to economic development and other issues. But one important part of that agenda is strengthening our border between our nations.”

And I will visit the border myself this Sunday, in El Paso, to assess border enforcement operations, meet with the local officials and community leaders and the folks at the border [telling] me what they need that they don’t have, and make it public what they conclude they need they don’t have to try to convince my Republican colleagues they should do something.”

“And I know that migration is putting a real strain on the borders and on border communities.”

“We’re going to get these communities more support. And I want to thank all the nonprofits, the faith groups, the community leaders, and other volunteers who will make sure that vulnerable immigrants have what they need to survive, whether it’s food, warm clothing, shelter, medical care right after their arrival.”

“These religious and civic groups represent . . .our nation’s generosity — the best of our country. . . . And they’re a powerful rebuke to the hostility and even the hate which many people face when they arrive here legally.”

“. . . . Our problems at the border didn’t arise overnight and they’re not going to be solved overnight. It’s a difficult problem.”

“It’s clear that immigration is a political issue that extreme Republicans are always going to run on. But now they have a choice: They can keep using immigration to try to score political points or they can help solve the problem. . . .and come together to fix the broken system.”

“Before Congress adjourned for the holidays, some Democrats and Republicans, a few of them, got together — both sides, in the Senate — and decided they were going to put together a comprehensive plan on immigration.”

“But the Republican leadership . . . rebuked it and rejected it out of hand . . . just like they rejected my plan two years ago, just like they rejected my recent request for an additional $3.5 billion to secure and manage the border with more holding facilities , better transportation, additional funding for 2,000 new asylum officers and personnel, 100 new immigration judges to more rapidly adjudicate for people when they come here, and . . . so much more.”

“I’ll sit down with anyone who, in good faith, wants to fix our broken immigration system. And it’s hard. . . . But if the most extreme Republicans continue to demagogue this issue and reject solutions, I’m left with only one choice: to act on my own, do as much as I can on my own to change the atmosphere.”

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[1] Department of Homeland Security Announces Important Proposed Rules To Improve Immigration Laws and Border Security, dwkcommentaries.com (Jan. 5, 2023)

[2] White House, Remarks by President Biden on Border Security and Enforcement  (Jan. 5,2023).

 

U.S. Procedures for Resettlement of Ukrainians

“On April 21, 2022, President Biden announced Uniting for Ukraine, a new streamlined process to provide Ukrainian citizens who have fled Russia’s unprovoked war of aggression opportunities to come to the United States. This represents a key step toward fulfilling the President’s commitment to welcome Ukrainians fleeing Russia’s invasion of Ukraine.”

“Uniting for Ukraine builds on the robust humanitarian assistance the U.S. government is providing as we complement the generosity of countries throughout Europe that are hosting millions of Ukrainian citizens and others who have been displaced.”

To that end, on or about April 21, 2022, the United States Citizenship and Immigration Service (USC&IS) “announced a key step toward fulfilling President Biden’s commitment to welcome Ukrainians fleeing Russia’s invasion. Uniting for Ukraine provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily in a 2 year period of parole. Ukrainians participating in Uniting for Ukraine must have a supporter in the United States who agrees to provide them with financial support for the duration of their stay in the United States.”[1]

Financial Supporter[2]

“The first step in the Uniting for Ukraine process is for the U.S.-based supporter to file a Form I-134, Declaration of Financial Support, with USCIS. The U.S. government will then vet the supporter to ensure that they are able to financially support the individual whom they agree to support.”

The qualifications for such a supporter is “An individual who holds lawful status in the United States or is a parolee or beneficiary of deferred action or Deferred Enforced Departure (DED) who has passed security and background vetting and demonstrated sufficient financial resources to receive, maintain, and supports the individuals whom they commit to support for the duration of their stay in the United States.”

Eligible Ukrainians[3]

Beneficiaries of such support are those who meet the following requirements:

  • “Resided in Ukraine immediately prior to the Russian invasion (until February 11, 2022) and were displaced as a result of the invasion;”
  • “Are a Ukrainian citizen and possess a valid Ukrainian passport (or are a child included on a parent’s passport), or are a non-Ukrainian immediate family member of a Ukrainian citizen who is applying through Uniting for Ukraine;”
  • “Have a supporter who filed a Form I-134, Declaration of Financial Support, on their behalf that has been confirmed as sufficient by USCIS;”
  • “Complete vaccinations and other public health requirements,” and;
  • “Clear biometric and biographic screening and vetting security checks.”
  • “Immediate family members” in this process include: “the spouse or common-law partner of a Ukrainian citizen; and their unmarried children under the age of 21. NOTE: If a child is under 18, they must be traveling with a parent or legal guardian in order to use this process.”

Advocates for This Program[4]

Ilya Somin, a law professor at George Mason University, and his wife are sponsors of three Ukrainians (a husband and wife and their 2-year old daughter) , who arrived in the U.S. less than five weeks after the U.S. government had approved the Somins’ supporter papers. Somin and his wife learned of this new U.S. government program through Welcome Connect, a website that matches potential U.S.sponsors with Ukrainian refugees. As a result, Somin has become a strong advocate for this program.

He says that since April of 2022, at least 94,000 Ukrainians have entered the U.S. under this program. In contrast, the regular U.S. program for admission of refugees is “slow and burdensome” and admitted only 25,400 for all of fiscal 2022.

Nevertheless, Somin sees “two major shortcomings:”

  • “first, the residency and work permits last only two years. Experience shows that many refugees need permanent homes, not just temporary ones. Permanence also enables them to make greater economic and social contributions to our society.”
  • Second, the program is largely the result of executive discretion. If political winds shift and President Biden (or a successor) decides to terminate it, participants could be subject to deportation. Congress should pass legislation to permanently fix these flaws.”
  • Third, this program could be improved by further simplifying the paperwork. . . . Refugee-assistance charities should consider providing linguistic assistance to potential sponsors who don’t speak Russian or Ukrainian; they could potentially recruit volunteer interpreters from immigrant communities in the [U.S.]”

Observations

 This U.S. program for Ukrainians is praiseworthy, but ignores several caveats.

First, the Ukrainians are not “refugees,” as defined in international and U.S. law:  individuals who have been determined by government agencies to meet the legal requirements for such status: “any person who is outside any country of such person’s nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country  because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”(Emphasis added). [5]

U.N. organizations and the U.S. government have established legal procedures for determining whether an individual has proven that he or she meets these legal requirements for such status as a basis for asylum or other status. As a result, it takes longer to do that than it does for the simplified process for the Ukrainians. But now it takes much longer than it should due to huge demands for such relief and inadequate resources.

Second, the U.S.established a special program for Afghans who have fled their country and who come to the U.S. as evacuees (not refugees) with humanitarian parole or special immigrant visas of limited duration. This is similar to the new program for Ukrainians, and a bill (Afghan Adjustment Act) has been proposed to meet the special legal problems associated with this status. But as been discussed in this blog, that Afghan proposal failed to pass in the last Congress.[6]

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[1] U.S. Department of Homeland Security, President Biden to Announce Uniting with Ukraine, a New Streamlined Process to Welcome Ukrainians Fleeing Russia’s Invasion of Ukraine (April 21, 2022); U.S. Department of Homeland Security, Uniting for Ukraine (April 21, 2022);  U.S. Citizenship & Immigration Services [USC&IS],  Uniting for Ukraine (April 21, 2022).

[2] Id.; Eligibility for Uniting with Ukraine.

[3] Id.

[4] Somin, We sponsored refugees under a new Biden program. The results were astonishing, Wash. Post (Jan. 3, 2023); Somin & El-Chidiac, Americans should be able to sponsor refugees tho can stay permanently, Wash. Post (July 18, 2022).

[5] Convention Relating to the Status of Refugees, 189 U.N.T.S. 137; 8 U.S.C. sec. 1101(a)(42);

[6] E.g., Congress Fails To Adopt Important Immigration Legislation, dwkcommentaries.com (Dec.  2022).

Hurricane-Damaged Cuba Needs Immediate U.S. Recovery Help 

“Hurricane Ian caused great devastation [in Cuba]. The power grid was damaged, and the electrical system collapsed. Over four thousand homes have been completely destroyed or badly damaged. . . . In the western province of Pinar del Rio, famous for its tobacco production, over 5,000 farms were destroyed. In small towns like San Luis, 80% of all homes were left damaged . . . . Cuba must be allowed, even if just for the next six months, to purchase the necessary construction materials to REBUILD. Cubans are facing a major setback because of Hurricane Ian.”[1]

These words buttressed the demand by a U.S. organization, The People’s Forum,[2] in a full-page ad in the Sunday New York Times for the U.S. to end the U.S. embargo of the island, the U.S. designating Cuba as a “state sponsor of terrorism” and the U.S. complex processes for dispatching disaster relief. The People’s Forum added the following:

  • “It is unconscionable at this critical hour to maintain the embargo and engage in collective punishment against an entire people by preventing Cuba from purchasing construction materials or receiving aid.”
  • President Biden put Cold war politics aside—even for six months!”
  • “The people of Cuba are part of our family—the human family. Don’t let outdated Cold War politics prevent peace-loving people from helping the Cubans to rebuild and return to their homes, rebuild the electrical grid, and have clean drinking water and access to food. The time to act is now!”
  • Cuba is our neighbor. The United States loses nothing by being a good neighbor and allowing Cuba to recover fully from this tragic moment.”[3]

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[1] Advertisement, Let Cuba Rebuild-Urgent Appeal to President Biden, N.Y.Times, p. A23 (Oct. 2, 2022). The ad solicited online donations through the website of another organization, LetCubaLive.

[2] The People’s Forum “are a movement incubator for working class and marginalized communities to build unity across historic lines of division at home and abroad. We are an accessible educational and cultural space that nutures the next generation of visionaries and organizers who believe that through collective action a new world is possible.” (The People’s Forum, About.)   The Forum previously has engaged in other efforts to promote U.S.-Cuba normalization. (The People’s Forum, Search Results: Cuba.)

[3] This advertised message provides an exclamation point to this blog’s most recent post, Criticism of President Biden’s “New Cuba Policy,” dwkcommentaries.com (Oct. 1, 2022).

President Biden’s Executive Order on Policing

On May 25, 2022, President Joe Biden signed the Executive Order on Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety.[1] This lengthy Order calls for the creation of national standards for the accreditation of police departments and a national database of federal officers with substantiated complaints and disciplinary records, including those fired for misconduct. It also will instruct federal law enforcement agencies to update their use-of-force policies to emphasize de-escalation. The Order also restricts tactics like chokeholds and no-knock warrants and grants incentives to encourage state and local agencies to adopt the same standards while also banning the transfer of most military equipment to police.[2]

The signing was done on the second anniversary of the killing of George Floyd in the presence of members of his family as well as Vice President Harris, members of his Cabinet and lawmakers.

President Biden’s Comments on the Order

This order is “a measure of what we can do together to heal the very soul of this nation; to address the profound fear and trauma, exhaustion that particularly Black Americans have experienced for generations; and to channel that private pain and public outrage into a rare mark of progress for years to come.”

“Two summers ago, in the middle of a pandemic, we saw protests [about the killing of George Floyd] across the nation the likes of which you hadn’t seen since the 1960s.They unified people of every race and generation.  Athletes and sports leagues boycotted and postponed games.  Companies and workers proclaimed ‘Black Lives Matter.’  Students staged solidarity walkouts. From Europe to the Middle East to Asia to Australia, people saw their own fight for justice and equality in what we were trying to do.”

“The message is clear: Enough!”

“[A]lmost a year later, a jury in Minnesota stepped up and they found a police officer guilty of murdering George Floyd, with officers and even a police chief taking the stand to testify against misconduct of their colleagues.  I don’t know any good cop who likes a bad cop.”

But for many people, including many families here, such accountability is all too rare.  That’s why I promised as President I would do everything in my power to enact meaningful police reform that is real and lasting. That’s why I called on Congress to pass the George Floyd Justice in Policing Act, to send it to my desk.”

“This is a call to action based on a basic truth: Public trust, as any cop will tell you, is the foundation of public safety.  If they’re not trusted, the population doesn’t contribute, doesn’t cooperate.”

“For the wheels of justice are propelled by the confidence that people have in their system of justice.  Without that confidence, crimes would go unreported.  Witness[es] fear to come forward; cases go unsolved; victims suffer in isolation while perpetrators remain free; and ironically, police are put in greater — greater danger; justice goes undelivered.”

“Without public trust, law enforcement can’t do its job of serving and protecting all of our communities.  But as we’ve seen all too often, public trust is frayed and broken, and that undermines public safety.”

“The families here today and across the country have had to ask why this nation — why so many Black Americans wake up knowing they could lose their life in the course of just living their life today — simply jogging, shopping, sleeping at home.  Whether they made headlines or not, lost souls gone too soon.”

“Members of Congress, including many here today . . . spent countless hours on the George Floyd Justice in Policing Act to find a better answer to that question. The House passed a strong bill.  It failed in the Senate where our Republican colleagues opposed any meaningful reform.”

“So we got to work on this executive order, which is grounded in key elements of the Justice in Policing Act and reflects inputs of a broad coalition represented here today. Families courageously shared their perspectives on what happened to their loved ones and what we could do to make sure it doesn’t happen to somebody else. Civil rights groups and their leaders of every generation who have given their heart and soul to this work provided critical insights and perspectives. The executive order also benefits from the valuable inputs of law enforcement who put their . . . lives on the line every single day to serve.”

“Here today, I want to especially thank the International Association of Chiefs of Police, the Fraternal Order of Police, as well as the National Organization of Black Law Enforcement Executives, the Federal Law Enforcement [Officers] Association, the Police Executive Research Forum, Major City Chiefs Association, and others who . . . stepped up and endorsed what we’re talking about today.”

“This executive order is going to deliver the most significant police reform in decades.  It applies directly, under law, to only 100,000 federal law enforcement officers — all the federal law enforcement officers.  And though federal incentives and best practices they’re attached to, we expect the order to have significant impact on state and local law enforcement agencies as well.”

“Here are the key parts:

“First, the executive order promotes accountability.  It creates a new national law enforcement accountability database to track records of misconduct so that an officer can’t hide the misconduct. It strengthens the pattern-and-practice investigations to address  systemic misconduct in some departments.  It mandates all federal agents wear and activate body cameras while on patrol.”

Second, the executive order raises standards, bans chokeholds, restricts no-knock warrants, tightens use-of-force policies to emphasize de-escalation and the duty to intervene to stop another officer from using excessive force. . . .”

Third, “the executive order modernizes policing.  It calls for a fresh approach to recruit, train, promote, and retain law enforcement that [is] tied to advancing public safety and public trust.
Right now, we don’t systematically collect data, for instance, on instances of police use of force.  This executive order is going to improve that data collection.”

Other Comments on the Order

As an executive order, it is not as comprehensive as a federal statute on these subjects, but because of Republican opposition Congress has refused to adopt such legislation this term. Moreover, as a federal order it cannot and does not compel state and local law enforcement agencies to adopt the policies set forth in the order; instead, as previously noted, it provides incentives for state and local agencies to do so.

“Larry Cosme, president of the Federal Law Enforcement Officers Association, said the order will have the most direct impact on the nation’s 100,000 federal officers, given that Biden’s ability to act unilaterally on policies for local and state police is limited. But Cosme [also] said the document could serve as a ‘national role model for all law enforcement around the country. We’ve engaged in hundreds of hours of discussions, and this can inspire people in the state and local departments to say: ‘This is what we need to do.’”

“Cosme emphasized that the order will include sections aimed at providing more support for officer wellness, including mental health, and officer recruitment and retention at a time when many departments are facing low morale and staffing shortages. ‘No officer wants anyone, not the suspect or the victim, to lose their life. We want the maximum safety for everyone in the country.’”

The order also drew support from other leaders of major policing organizations.

Jim Pasco, the executive director of the Fraternal Order of Police, said he thought the order’s revised use-of-force language would “bring more clarity and better guidance to officers” but without causing them to become so risk-averse that they fail to protect themselves and others when necessary. “It’s not a question of stricter or less strict,” Mr. Pasco said. “It’s a question of better framed. And a better-constructed definition of the use of force.” He added: “It’s not a sea change.”

Chuck Wexler, executive director of the Police Executive Research Forum, “It’s the nature of American policing. We don’t have a national police force, no national standards and no way of making every department comply with national standards. What this does is, when you don’t have Congress acting on a police bill, you have the president of the United States setting the tone: ‘Here’s what I expect of federal agencies and, therefore, I think state and local will follow.’”

Another supporter of the order, the NAACP by its President, Derrick Johnson, said, ‘We know full well that an executive order cannot address America’s policing crisis the same way Congress has the ability to, but we’ve got to do everything we can. There’s no better way to honor George Floyd’s legacy than for President Biden to take action by signing a police reform executive order.’”

Marc Morial, a former New Orleans mayor who is president and chief executive of the National Urban League, called the order ‘a very important step. We recognize that this process is not going to be easy. This is a long fight. I’m going to accept this first important step by the president because it’s a powerful statement, and it reflects what he can do with his own executive power.’”

The American Civil Liberties Union by Udi Ofer, its deputy national political director, offered cautious support for the executive order, saying much would depend on how it was carried out. “Correct implementation of this standard will be pivotal for its success,” he said. “We have seen jurisdictions with strong standards where officers still resort to the use of deadly force, so just having these words on paper will not be enough. The entire culture and mentality needs to change to bring these words to life, and to save lives.”

Christy E. Lopez, a Georgetown University Law professor and expert on policing issues, [3] praised the order, but noted, that the order is not self-executing, but “will take an enormous amount of effort and focus, particularly by Attorney General Merrick Garland and the Justice Department, but by other federal agencies as well, to ensure that the mandated guidance, studies, grants, task forces and databases are not only created but remain faithful to the goals of the executive order. And that is going to require advocates to keep persistent pressure on the government.” This order “is not legislation. This means, for example, that those of us who support modifying qualified immunity for officials accused of violating a plaintiff’s rights, or creating direct municipal liability for police misconduct, must still push Congress to pass the necessary laws. An even bigger limitation is that while the executive branch can provide state and local governments support and incentives to reduce the harms of policing, it cannot direct them to do so. The bulk of that work must continue to be done in cities, counties and states across the country.”

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[1] White House, Executive Order on Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety (May 25, 2022);

[2] White House, Remarks by President Biden and Vice President Harris at Signing of Executive Order to Advance Effective, Accountable Policing and Strengthen Public Safety (May 25, 2022); Biden Set to Issue Policing Order on Anniversary of George Floyd Killing, N.Y. Times (May 24, 2022); Biden signs executive order on policing on the anniversary of George Floyd’s death, Wash. Post (May 25, 2022); Biden signs police reform executive order on anniversary of George Floyd’s murder, Guardian (May 26, 2022); Lopez, Biden’s order is a good start on police reform, But Congress must also act, Wash. Post (May 27, 2022)

[3] See Importance of Pending Federal Criminal Case Over Killing of George Floyd, dwkcommentaries.com (Jan. 24, 2022).

Former U.S. Presidents’ Statements at Walter Mondale Memorial Service

At the May 1, 2022, memorial service for Walter Mondale, former U.S. Presidents Jimmy Carter, Bill Clinton and Barack Obama submitted letters of tribute for Mr. Mondale that were read. Here are excerpts from those letters (substituting Carter’s April 19, 2021, letter on Mondale’s passing due to this blogger’s inability to find the complete one for the memorial service).[1]

President Jimmy Carter

“Today [April 19, 2021] I mourn the passing of my dear friend Walter Mondale, who I consider the best vice president in our country’s history. During our administration, Fritz used his political skill and personal integrity to transform the vice presidency into a dynamic, policy-driving force that had never been seen before and still exists today. He was an invaluable partner and an able servant of the people of Minnesota, the United States, and the world. Fritz Mondale provided us all with a model for public service and private behavior.”

In his statement that was read at the memorial service, Carter said Mondale’s “ideas and energy changed the office he held forever, and his intelligence, experience, humor and determination made me better at mine.”

President Bill Clinton

“Throughout his long life, Fritz never stopped believing in the power of public service to make a difference in people’s lives. As Minnesota Attorney General, Senator, Vice President, Democratic nominee for President, Ambassador, and private citizen, he put his deep policy knowledge, tireless work ethic, and uncommon decency and kindness to work — to expand civil rights and defend civil liberties; create more educational and economic opportunities for all Americans; and fulfill our Founders’ charge to form a more perfect union. And he did it all, in sunshine and storms, with humility, grace, and a wonderful sense of humor.”

“I will always be grateful for the more than 40 years of friendship he gave Hillary and me, and his fine service as both Ambassador to Japan and Special Envoy to Indonesia when I was President. Although those were the last public offices he held, his public service continued for another two decades, always fighting for the causes he loved and the country he believed in, and having a good time doing it.”

“As you gather to celebrate Fritz’s remarkable life, I’m thinking of his joyful spiritual reunion with Joan and Eleanor, and his characteristic conviction that surely there is something he can do to make the universe better. My heart goes out to Ted, William, his entire family, and all the people who were blessed by his friendship, inspired by his service, and enriched by his example.”

President Barack Obama

“I’m honored to pay tribute to Fritz, a man who dedicated his life to making government work for the American people.”

“In championing causes like fair housing and women’s rights, he helped put the promise of America within reach for more people. And he changed the role of vice president, so President Biden could be the last in the room for decisions during my administration — something I will always be grateful for.”

“Fritz’s lifetime of service was an incredible gift to our country. As we reflect on his legacy, may we all strive to embody his integrity, his humility, and his unwavering drive to do right by Minnesotans and people everywhere.”

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[1] Excerpts from speeches and letters read at Walter Mondale’s memorial, StarTribune (May 1, 2022); Leaders, family and friends remember ‘Fritz’ Mondale, StarTribune (May 1, 2022); Statement from Former U.S. President Jimmy Carter on the Passing of Walter Mondale, The Carter Center (Apr. 19, 2021).