Illegal Migration

An agreement reached during the Clinton administration allows 20,000 legal Cuban immigrants per year, but more than 20 times that number apply for visas. Because it is "only" 90 miles away, many try to reach the United States illegally by boat - often with tragic results due to rough seas and flimsy vessels. If they do reach U.S. soil, a U.S. law gives Cubans special status not afforded to any other nationality, allowing them to apply for permanent legal residence regardless of how they came. Cuba objects to this so-called "wet feet-dry feet" policy, which many believe encourages attempts at illegal migration. People-smuggling has become a big industry, with operators of speed boats charging up to $8000 per head to illegally transport Cubans to Florida waters. Cooperation on search-and-rescue missions and other aspects of illegal migration by the Coast Guards of both countries could help prevent tragedies at sea.

(Excerpt from 2001 meeting)


Gen. Charles Wilhelm, USMC (Ret.)
Fmr. Commander-in-Chief, U.S. Southcom
Distinguished Military Fellow, CDI


I think we could accomplish much by working together more effectively in enterprises like search and rescue and curbing illegal immigration and the other criminal activities that are frequently conducted within the framework of illegal immigration.

Div. Gen. Jesus Bermudez Cutiño
Fmr. Chief Of Cuban Military Intelligence
Director, Center for the Study of Information on Defense, Cuba

The United States has said repeatedly that migration is a security element. We have been willing to discuss that topic. There is migration accord. There is a so-called Cuban Adjustment Act, which promotes or encourages these migration activities. But we are also open to discussing that issue. We have shown our willingness to work to ease tensions down and there's proof of that with the situation in the Guantanamo Naval Base area, where there is a completely favorable situation for the two sides.

Mr. Dagoberto Rodriguez
Director of North America Department
Cuban Ministry of Foreign Affairs


(Through translator): The phenomenon of illegal immigration and the immigration relations between the two countries is one of the national security issues we take most seriously. I should also say that unfortunately to address this topic I have to talk about the U.S./Cuba policy and the relationship between the two nations. I have no choice but to do that and I'll do so while showing much respect to the U.S. delegation.

Migration between the two countries is not something that came up in 1959. Between '52 and '58, over 70,000 Cubans went to the States. And even though the Cuban population at the time was half of what it is today, in one year, for example, in 1956, over 15,000 Cubans migrated to the United States. Temporary visits were numerous too.

There were years in which -- from 70,000 to 80,000 people were temporary residents there. What happened after '59 was that this topic that was a normal topic between the two countries was incorporated as a federal element in the U.S./Cuba policy. And so a stand has gone by, successive migration crises have taken place. And unfortunately, the stance of the U.S. government has not been that of pursuing a regional policy as it does with any other country, but instead it has been a crisis response policy.

And furthermore it has been a policy that is not serving the U.S. national interest but rather it is benefiting some groups of people in Florida. Now, what's the present situation? After the last migration crisis in the years of '93 and '94, and for the first time positive agreements were signed to possible normalization of relations in this field.

We say aimed at normalization because we think that as long as there is no civilized relationship between the two countries, it is not possible to have normal relations.

Now, as a result of this in '93 and '94 crisis and the agreements that were attained in '95, the United States committed itself to granting no less than 20,000 visas a year to Cubans. Something it has been doing rigorously or strictly but by virtue of such agreements, the United States committed itself to continuing the policy of Cuba and meeting Cubans who arrived in the United States illegally. But this has not been fulfilled. And from our perspective, that's the biggest roadblock to normalization of migration relations between the two countries.

This approach makes Cubans different from any other new arrival in the United States. It becomes something that encourages illegal migration. It doesn't matter what route Cubans arriving the States has chosen. If he arrives, he is admitted in the country, but to make things even worse, there is a law in the United States geared specifically for Cubans, the Cuban Adjustment Law or Act. And as passed in 1966, it provides for any Cuban who arrives in the United States, no matter through what group or by what means can adjust his/her status one year and a day after the arrival. Imagine if the Mexicans have a law like this one.

The '94/'95 agreement also provided for the obligation on the part of the United States to return all the illegal migrants who were intercepted by -- or in the seas. This has not been the case all the time. There is a number of migrants who have been taken to other places or to the United States itself.

The migration accords also set for both parties the obligation of facing the smuggling of persons by all means they have at their disposal. On our side and even with the meager resources we have, we have taken measures to fight this problem. Additionally, regulatory measures have been taken, including the seizure of the boats of people who are making preparations for an illegal departure. Plus very stiff sentences for those who are involved in the smuggling activities. And these sentences may be as long as life terms for the most serious cases.

Unfortunately, we are very unsatisfied with what the United States has been doing as part of its fulfillment of the agreements. In our view, the enforcement of the law in Florida in this field is very poor. In each migration round of talks, which take place every year, we are told that there is an interagency task force in Florida to deal with this phenomenon but actually we do not see any outcome in courts. It is very hard for us to believe that even here, from Cuba, we know which are the centers in Florida where these activities are being planned and that we know the people who are being involved in these activities and that the U.S. specialized agencies know nothing of this information.

More than seventy people-smugglers coming from the United States have been detained in Cuba. We have proposed to return them to the States to be put on trial and the United States government has not accepted that proposal. We think that the prosecution against those people would be very educative as to discouraging this type of activity.

Another commitment that was made through the '94/'95 agreements is that both nations fight the use of violence to migrate. Unfortunately, this part of the agreement has not been fulfilled by the U.S. government either, because since '95 to the present, the hijacking or smuggling of several airplanes and vessels or boats has taken place. And sometimes the hijackers often use firearms and those people are now free in the United States.

We are giving you this information with no intention of giving the idea that the migration accords are not useful. These agreements we have signed are important. They are useful. But the chief block to them is the very U.S. policy for these matters. It is a policy aimed at pleasing those groups in Florida that I mentioned and not establishing a policy consistent with what the United States does when it comes to other nations. We have no complaint over the work being done by the Coast Guard service, even though sometimes we'd like to have more responses from them to the illegal departure notifications we send them. We would like to get more information about what is happening with the persons who do not return. But we understand that many of these things are beyond the scope of power or authority of the Coast Guard. These things are more within the province of the INS and with the politics of such.

We want to normalize migration relations. We want to expand the agreements we have at present so that they include our concerns over illegal migration, that this "dry feet/wet feet" policy is stopped, that they put an end to the very dangerous smuggling of persons, that they put an end to the encouraging of illegal migration from Florida. Over 15 (radio) registrations in Florida are beaming towards Cuba, and they broadcast over 2,500 hours of programming. And most of them are just encouraging people to leave Cuba illegally. And one of them is an official U.S. government radio station, Radio Marti.

If we are actually to normalize relations, we'd have to resolve this problem. And Cubans should be, in the States, treated as any other immigrants.

On Search-and-Rescue at Sea:

Brig. Gen. Lazaro Roman
Commander, Cuban Border Guard
Ministry of Interior


(Through translator): Search and rescue is a mission of the Coast Guard service, and we (Cuban Border Guard) also have that mission. So, I can only say that any kind of experience that we can share that means an improvement in this service, this international responsibility that we have in this area, we are under disposal for accepting it. And I can say any kind of improvement in this kind of activity because it would improve efficiency in the rescue and saving of human life from the sea.

I only think that after it would be prudent to make an evaluation how to put this into practice. But we are open to any initiative.