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St. Thomas Law Review

First Page

187

Document Type

Article

Abstract

This article argues that it is time for the United States to reconsider the continuing relevance of the Cuban Adjustment Act ("CAA") of 1966, and to either modify or repeal it. The CAA allows Cuban migrants to "circumvent the usual methods used to determine refugee status," and grants the "Attorney General discretion to adjust the status of a Cuban citizen admitted or paroled" into that of an "alien lawfully admitted for permanent residence" as long as the Cuban individual has been physically present in the United States for one uninterrupted year. That is, under the terms of the CAA, Cubans are neither "required to qualify for a visa under the categories established for immigrants," nor are "they required to establish" refugee status, which is generally a prerequisite for obtaining asylum. This article takes the position that there is no longer any legitimate reason for granting Cubans special immigration privileges in light of the changes the world has undergone since the passage of the CAA in 1966. Moreover, this article argues that a change in immigration policy towards Cuba is a necessary response to the espionage threat that Cuba's intelligence services pose to U.S. national security, as the policy of paroling nearly all Cubans touching U.S. soil provides a mechanism by which the Cuban government may infiltrate its spies into the United States. Although this article does not analyze the complex intricacies of U.S.- Cuba relations, an analysis of any U.S. immigration policy towards Cuba would be incomplete without any mention of the political context in which U.S.-Cuba relations have developed. Indeed, one cannot attain a minimum understanding of U.S. immigration policy towards Cuba unless one also understands this policy as a means by which the United States has attempted to undermine the legitimacy of Fidel Castro's government. Accordingly, Part II briefly chronicles the events leading to Fidel Castro's rise to power, and highlights the major events that have caused Cuba's strained relationship with the United States. Part III addresses the initial justifications for the passage of the CAA. Part IV explores the different ways the CAA has been applied since its passage. Part V describes critics' arguments against the CAA, and evaluates the validity of these arguments. Finally, Part VI concludes that whatever utility the CAA may have served, it is time for U.S. law to accord Cubans the same legal treatment that others wishing to immigrate to the United States receive because doing so is in the national security interest of the United States.

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