As U.S., Cuba normalize relations, time to change immigration policies for Cubans

Opinion: As U.S., Cuba normalize relations, time to change immigration
policies for Cubans
By Nelson Balido Published April 27, 2016 Fox News Latino

Presidents Obama and Castro during a joint statement in Havana, Cuba,
Monday, March 21, 2016. (AP)
As state visits go, President Obama's recent trip to Cuba was entirely
normal, and that is precisely what the Obama Administration is trying to
achieve – normalized relations between the United States and Cuba. Now
that he is pushing for travel and trade are getting back to "normal,"
it's important that we apply the same standard across all U.S. policies
toward Cuba. That includes immigration.

As the president is fond of saying, the Cold War is over. Agreed. Now
it's time to amend our immigration policies. If the United States is
going to treat Cuba like any other country, we should treat its citizens
like any other immigrants.
- Nelson Balido

Currently, the United States treats Cuban citizens like no others. The
Cold War birthed a U.S. immigration policy towards the island nation
that considered every Cuban citizen to be a political refugee as soon as
they touched American soil. The Cuban Adjustment Act of 1966 was
designed to give asylum to the 300,000 Cubans who fled the communist
revolution, and the act is still used today to determine immigration status.

This law is accompanied by a minimum 20,000 visas handed out to Cubans
each year through a lottery system, as well as President Bill Clinton's
wet food/dry foot policy, which continues to shelter Cubans who make it
to the United States while repatriating those caught in the act of
immigration (such as in a makeshift raft traversing 90 miles of ocean
between Cuba and Key West, Florida).

Today, immigration from Cuba to the United States is accelerating
rapidly. In 2015, there was a 78 percent increase in the number of
Cubans entering the United States, and about two-thirds entered through
Laredo, Texas; and so as of March 2015 the number is already approaching
26,000 for the fiscal year.

This significant uptick owes in part to Cuban concerns that U.S.
immigrations laws may soon change. For decades, U.S. policies have given
Cubans a direct path to U.S. residency unavailable to any other
nationality of immigrants. Many families benefited from this, including
those of presidential candidate Sen. Ted Cruz, former candidate Sen.
Marco Rubio, and this author.

My parents came to the United States from Cuba in the early 1960s,
fleeing Castro's communist regime. My father was the youngest of three
children, and his brothers fought in the failed Bay of Pigs invasion in
1961. Growing up, I heard all the stories about a difficult journey and
adjustment in the United States. I heard about my grandfather hollowing
out the heels of my grandma and mother's shoes so they could secret some
the family jewels and heirlooms to their new home. I heard about my
father's struggles selling balloons on the street in New York City. And
I heard of how hard it was to simply acclimate into a foreign land that
was not used to many immigrants from Latino nations – yet fortunately
the Catholic church helped place many, especially the children that came
on their own through the "Peter Pan" flights.

My family was accurately given political refugee status, as were many
others. I appreciate the good that the U.S. immigration policy toward
Cuba has achieved for thousands of people. But I also see that since the
United States is now counting Cuba amongst nations with which we have
"normal" relations, we must extend that to our treatment of Cubans
arriving at America's doorstep. There are several reasons for this.

No Longer Political Refugees: The majority of Cuban immigrants arriving
in the United States are seeking economic, not political, relief. A
leaked 2009 U.S. State Department survey found that Cubans
"overwhelmingly" were economic migrants, not political refugees. The
whole point of the provision in the Cuban Adjustment Act that
fast-tracks Cuban residency was to grant liberty to people fleeing
communist persecution. That is not what the law is achieving. Instead,
it is giving a big boost to Cubans who are doing what many people around
the world try to do—live and work in the United States for the prospect
of a richer, freer future. That is a "normal" aspiration around the
world. If their motivations are the same as other immigrants, why should
Cuban citizens be treated differently?

Refugee Status Has Real Costs: American taxpayers are generous, offering
financial support to people who leave everything behind for a shot at a
life in America. Currently, Cuban immigrants enjoy about $700 million
each year in public benefits. That is a lot of good will and public
support that is in some cases going to people who don't need it. It has
been reported that some Cuban immigrants take advantage of government
aid programs (like food stamps and Medicare) while frequently traveling
back and forth to Cuba for commercial reasons. In essence, the U.S.
taxpayer is subsidizing a jet-set Cuban lifestyle and not advancing the
economic potential of an American resident. Aren't there other legal
immigrants who could legitimately use some of that public support?

Implications for the Rule of Law: While many Cubans arriving in the
United States are honorable and law abiding, some are not. Currently,
Cuba's travel policy allows its citizens to leave the country for up to
two years. This has led some criminal organizations to come to the
United States, turn an illicit profit, and then return to Cuba when
there is a threat of incarceration. At the same time, Cuba is one of the
few countries in the world that will not repatriate convicted criminals,
leaving the United States with no recourse but to take the good with the
bad. During my recent visits to Washington, Dc and Laredo, law
enforcement sources have reported privately that many of the people
arriving in the current wave of Cuban immigration are criminals, and it
appears that amid all the international good will, the Castro regime is
emptying its prisons on U.S. borders. Unfortunately, U.S. law
enforcement has no insight into the background of arriving immigrants
and so are unable to deny entry to criminals under existing law.

Despite these evident problems, Obama Administration officials, such as
Secretary of State John Kerry, have said repeatedly that they have no
plans to revisit U.S. policy. Fortunately, much of this matter is in the
sole province of lawmakers, and U.S. legislators are taking steps to
change the laws. In October last year, Rep. Paul A. Gosar introduced
"Ending Special National Origin-Based Immigration Programs for Cubans
Act of 2015," which would repeal the Cuban Adjustment Act. And in March,
the bipartisan work between Reps. Blake Farenthold and Henry Cuellar
yielded the Correcting Unfair Benefits for Aliens (CUBA) Act, which
would also amend policies on asylum and public benefits.

As the president is fond of saying, the Cold War is over. Agreed. Now
it's time to amend our immigration policies. If the United States is
going to treat Cuba like any other country, we should treat its citizens
like any other immigrants.


Nelson Balido is the managing principal at Balido and Associates,
chairman of the Border Commerce and Security Council, and former member
of the Homeland Security Advisory Council. Follow him on Twitter:
@nelsonbalido

Source: Opinion: As U.S., Cuba normalize relations, time to change
immigration policies for Cubans | Fox News Latino -
http://latino.foxnews.com/latino/opinion/2016/04/27/opinion-as-us-cuba-normalize-relations-time-to-change-immigration-policies-for/