This week’s Top Stories
- Federal ruling precludes Cubans given I-220A documentation from adjustment of status under the CAA
- Cuban authorities report human-trafficking ring used to recruit Cubans to fight for Russian military
- JetBlue suspends all routes to Cuba
The views and opinions expressed by authors are their own and articles do not necessarily reflect the views or positions of CDA.
This week, in Cuba news…
U.S.-CUBA RELATIONS
This federal ruling will keep many Cubans from getting green cards to stay in the U.S.
In a ruling on Monday, the U.S. Board of Immigration Appeals decided that thousands of recent Cuban arrivals who entered the US through the US-Mexico border and were released with an I-220A immigration document are ineligible to receive permanent residency under the Cuban Adjustment Act (CAA), The Miami Herald reports. The 1966 Cuban Adjustment Act permits Cubans who enter the US legally to apply for permanent residency after a year and a day of living in the country. The ruling dictated that entering the US with an I-220A document, or Order of Release on Recognizance, fails to meet the requisite criteria for adjustment of status under the CAA of having been “inspected, admitted, or paroled” to the United States. The I-220A document is a conditional parole commonly issued by U.S. Immigration and Customs Enforcement (ICE) which allows persons placed in removal proceedings, seeking asylum, or otherwise under federal custody to be released if they comply with certain conditions. According to the court’s ruling, entering on conditional parole, as with the I-220A document, does not constitute legal entry and cannot be considered a parole for purposes of residency, such as humanitarian parole, which therefore precludes adjustment of status under the CAA.
The ruling affects thousands of Cubans who entered the US in recent years amidst an unprecedented exodus from the island: according to data from the U.S. Customs and Border Protection (CBP), there have been over 440,000 encounters with Cuban nationals at U.S. borders since March 2020. The U.S. government has not said exactly how many admitted Cubans received a Form I-220-A. However, legal professionals in South Florida report that the majority of recent Cuban arrivals have been provided with I-220A documentation. Cubans who enter with an I-220A document are limited to appealing their cases or going through traditional routes, such as seeking asylum, to achieve legalization. If the court’s ruling is upheld by a federal appeals court, Cubans with I-220A forms will be left only with the option to apply for asylum.
For years, immigration law maintained that receiving a Form I-220A and being released on one’s own recognizance did not constitute being “paroled” under the law. However, the ability of conditionally released parolees to obtain permanent residence status as afforded under the CAA has been the subject of legal debate in recent years. This week’s decision from the U.S. Board of Immigration Appeals signifies a reversal of an August 2022 ruling by a Florida immigration judge which ruled that individuals conditionally released were in fact eligible to adjust their status as permitted by the CAA. The August 2022 decision was subsequently appealed by the U.S. Department of Homeland Security (DHS), which argued that conditional release did not constitute admittance or parole. The court’s decision this week may also be appealed. Mark Prada, a partner at the Miami-based immigration law firm Prada Urizar Dominguez, told The Miami Herald that legal residence has also been granted to Cubans who entered the US and were given I-220A documents by at least two other judges in Florida. The judges argued that releasing Cubans solely with an I-220A form is unlawful because it constitutes an “improperly documented release” and that humanitarian parole was the only legal explanation for their release. Mr. Prada argues that those Cubans should have been granted humanitarian parole but were erroneously given improper documentation by the federal government.
The CAA provides Cubans with an expedited path to U.S. residency in comparison to other nationalities. Largely due to the CAA, Cubans are significantly more likely to become naturalized citizens in comparison to other foreign-born populations. Historically, the majority of Cubans who achieved legal permanent residence status have done so through the humanitarian channel due to the benefits afforded under the CAA, according to the Migration Policy Institute.
JetBlue suspends all routes to Cuba; These U.S. airlines are cutting flights to Cuba. Here’s why
This Thursday, JetBlue announced it will suspend all routes to Cuba beginning on September 17 due to the lack of demand for travel to the country, CBS reports. JetBlue, which made history in 2016 as the first U.S. airline to operate commercial flights between the United States and Cuba in over fifty years, filed for a three-year idle waiver from the U.S. Department of Transportation (USDOT) to temporarily discontinue its flights to Cuba. JetBlue currently offers two daily flights between Havana and Fort Lauderdale, FL, and one weekly flight between New York City and Havana. Airline officials stated that this suspension is attributed to “changes to the regulatory landscape and restrictions on our customers’ ability to enter Cuba” which have caused an excess of unoccupied seats on flights. Hours after JetBlue’s announcement, Delta and United airlines both announced plans to significantly reduce flights to Cuba and filed for inactivity exemptions from the USDOT citing a decrease in demand.
JetBlue’s discontinuation of flights to Cuba comes only a year after the airline increased its weekly flights from services to Cuba in anticipation of a resurgence of travel to Cuba following the COVID-19 pandemic and the reversal of some travel restrictions imposed by the Trump administration. In May 2022, the Biden administration announced that U.S. airlines would be permitted to resume flights to Cuban cities other than Havana and removed limitations for public charter flights on the number of flights and restrictions on destinations, including to and outside of Havana. The Administration also amended regulations to allow U.S. citizens to travel to Cuba on group people-to-people educational trips and to attend professional meetings or conferences in Cuba. Despite increased flight offerings and less restrictions, travel to Cuba by U.S. citizens has not rebounded to pre-pandemic levels. Travel to Cuba was in high demand after the Obama administration initially eased travel restrictions to allow people from the US to travel independently for authorized purposes, reaching over 630,000 visitors in 2018. However, from 2019 to 2020, the number of U.S. visitors dropped from 498,538 to 58,000 due to President Trump’s sanctions and then COVID. According to data from Cuba’s National Office of Statistics and Information (ONEI), approximately 99,000 individuals from the United States traveled to Cuba in the first half of 2023.
Ric Herrero, executive director of Cuba Study Group, called the airlines’ decisions “Entropy in action,” arguing that the lack of demand is a result of the Biden administration’s maintenance of Trump administration-era sanctions on Cuba and the recently imposed Electronic System for Travel Authorization (ESTA) waiver ban. Beginning in September 2022, the ESTA waiver ban was applied to foreign travelers from countries included in the ESTA program who visited Cuba on or after January 21, 2021–when Cuba was re-added to the State Sponsors of Terrorism List (SSOT). ESTA is a Visa Waiver Program (VWP) for over 40 countries including the European Union, Japan, and South Korea. The policy is permitted due to Cuba’s position on the SSOT and carries negative impacts on Cuba’s tourism industry and economy overall by complicating travel to the US and disincentivizing travel to Cuba. Visitors to the US are required to have either a valid visa, which costs $160 and requires an interview at a U.S. Consulate or Embassy, or an ESTA waiver, which is acquired online, costs $21 and allows repeat entrance into the US for two years, making the ESTA waiver a highly valuable asset. Furthermore, the ESTA waiver includes many countries that send the highest number of international travelers to Cuba, making the impact of the policy all the more severe. To learn more about the SSOT and its implications for the Cuban people, read CDA’s FAQ on the SSOT here.
Cuba’s tourism industry has suffered from fewer travelers since the COVID-19 pandemic and due, in-part, to U.S. sanctions. As CDA previously reported, Cuba closed its borders to international travelers in March 2020 in order to decrease transmission of COVID-19 until fully reopening borders in November 2021. Since then, Cuba’s tourism sector has seen a sluggish recovery, which has deepened the economic crisis given the tourism sector accounts for the second greatest portion of Cuba’s gross domestic product and is a significant source of much-needed foreign currency. In December, Cuba’s Economic Minister Alejandro Gil shared that the island projects 3.5 million visitors for 2023, with hopes of returning to pre-pandemic numbers of over 4 million visitors. Last year, Cuba’s tourism industry fell short of predictions, with only 1.6 million visitors compared to the initially projected 2.5 million visitors. In 2019, before the pandemic, the number of visitors who traveled to Cuba was approximately 4.26 million.
CUBA’S FOREIGN RELATIONS
Cuba Says Its Citizens Were Lured to Fight in Russia’s War in Ukraine; Cuba Arrests 17 People It Accuses of Recruiting for Russia’s War in Ukraine
On September 4, Cuba’s government reported it had uncovered and is working to “neutralize and dismantle” a human trafficking network recruiting Cuban nationals residing both in Russia and Cuba to join Russian military forces in Ukraine, The New York Times reports. In a statement, Cuba’s Ministry of Foreign Affairs (MINREX) reiterated Cuba’s stance against mercenarism before firmly clarifying that it was not a participant in the invasion of Ukraine, but did not comment on who was behind the trafficking network or specify the number of individuals affected. Three days after announcing efforts to dismantle and initiate legal proceedings against the network, Cuban authorities announced the arrests of 17 people made in connection to the human trafficking ring. The identities of those arrested have not been reported. The head of criminal investigations for Cuba’s Interior Ministry (MININT), César Rodriguez, reported on state television that the leader of the ring relied on two individuals residing on the island for recruitment efforts and that recruiters sought out Cubans with criminal records, “antisocial behavior,” and interest in military action. According to José Luis Reyes, chief prosecutor of the directorate of criminal proceedings for the Attorney General’s Office of the Republic (FGR), those allegedly involved in the trafficking ring could face charges of human trafficking, mercenarism, and hostile action against a foreign state, which could yield sentences of 30 years to life in prison or the death penalty depending on the severity and type of crime. Russia has not commented on Cuba’s claims and the claims have not been independently verified.
News of the alleged human trafficking ring comes amidst increased efforts by Russia to strengthen its presence in Ukraine, where its forces have endured significant casualties, and follow multiple reports of Cubans joining the Russian army made earlier this year. In May, a Russian newspaper in Ryazan, Russia reported that a number of Cuban citizens signed contracts to join Russia’s armed forces, suggesting they had done so in exchange for Russian citizenship. According to AP News, foreign nationals may enlist in Russia’s military after signing a contract with the Defense Ministry and, as of September 2022, are eligible for an expedited path to citizenship after serving for one year. Personal accounts of the recruitment efforts describe Cubans being convinced to travel to Russia after being promised jobs and/or Russian citizenship. Once in Russia, they are reportedly sent to military training. Marilin Vinent, a Cuban mother whose son was recruited to serve in Russia, told AP News that her son traveled with a group of Cubans to Russia in July under the guise of receiving a job in construction but was “deceived” and forced to serve in the Russian military. Cubans already living in Russia have also reportedly been targeted for military recruitment. Last week, The Moscow Times reported that a Facebook group named “Cubans in Moscow,” managed by an account under the name “Elena Shuvalova,” offered one-year contracts with the Russian army. As of Tuesday, this group had close to 76,000 members.
Cuba previously defended Russia’s right to self-defense and blamed the current war in Ukraine on U.S. policies, stating, “The reasons for the current conflict must be found in the aggressive policy of the United States and in the expansion of the North Atlantic Treaty Organization (NATO) to the borders with Russia.” Since the invasion, Cuba has expressed support for Russia but has stopped short of explicitly mentioning or endorsing Russian advances into Ukraine. Cuba also notably abstained from condemning Russia’s invasion of Ukraine during a vote at the United Nations (UN), however, voted against rescinding Russia’s membership from the United Nations Human Rights Council (UNHRC) in response to Russian violence and possible war crimes during the invasion of Ukraine. Moreover, relations between Cuba and Russia strengthened since Russia launched its invasion of Ukraine, with the countries signing numerous agreements to strengthen economic, political, and military cooperation, and Russia increasing its shipments of fuel and foodstuffs to Cuba. Notably, in May, Cuba announced a series of preferential conditions for Russian businesses in Cuba, including the ability to lease land in Cuba for up to 30 years, exemption from import tariffs on agricultural machinery, and the ability to repatriate profits in foreign currency, all of which are otherwise restricted by Cuba’s government.
In recent years, Cuba-Russia relations have seen a renewed strengthening, with Russia offering support towards Cuba’s economic development and infrastructure, and the countries pursuing increased economic engagement and cooperation in areas such as trade, defense, and energy.
Western creditors and Cuba pledge to salvage debt deal
Representatives from the Paris Club, an informal group of officials from 14 major creditor nations, convened in Cuba last week to address the island’s looming debt crisis, Reuters reports. In a brief announcement last Thursday, it was highlighted that the discussions seek to resolve Cuba’s payment delays and create a mutually agreeable new payment plan. Cuba’s Minister of Foreign Investment and Cooperation, Ricardo Cabrisas, reaffirmed the government’s commitment to meeting its financial obligations as soon as circumstances permit. Mr. Cabrisas attributed the island payment delays to the negative impact of stringent new U.S. sanctions, among them, the embargo, as well as the lasting effects of the COVID-19 pandemic.
Cuba signed an agreement with the Paris Club in 2015, when the group agreed to forgive $8.5 billion of the $11.1 billion in foreign debt that the island had accumulated. The remaining sum was scheduled for repayment through annual installments until 2033. After defaulting on payments agreed upon in an initial 2015 agreement and negotiation in 2021, and failing to meet payment obligations in 2019 and 2020, Cuba has fallen behind in payments totaling around $200 million. In October 2021, Cuba reached a deal with the Paris Club to postpone an annual debt payment until November 2022. Reuters estimates that Cuba has failed to disburse over $500 million to its creditors, including outstanding payments due by November. Since 2020, Cuba has restructured its debt agreements with Russia, China, and select other creditors. Cuba is now on the verge of defaulting payments for the fourth consecutive year.
RECOMMENDED READINGS & VIEWINGS
Cuban Immigrants in the United States, Jiaxin Wei and Jeanne Batalova, Migration Policy Institute
Cuban scientists hunt for clues to save coral reefs as ocean temperatures soar, Dave Sherwood, Reuters
Cuban Artists Sign Open Letter Urging Boycott in Protest of ‘Persistent Human Rights Violations’, Tessa Solomon, ARTnews
Inside the Campaign to Crush Investment in Cuba Under Helms-Burton Act , Reed Lindsay and Daniel Montero, Miami New Times
Cuban fathers fret about sons recruited for Ukraine war, France 24
What are the Negotiations between Cuba and the Paris Club Hiding? (Spanish), Eloy Viera, elTOQUE
The New Little Havana: Why Cuban Migrants Are Moving to Kentucky, The New York Times
Getting Around Cuba with the Public Transport Crisis, elTOQUE
EVENTS
Miami, FL, Film Screening: Good Things Will Come, September 15
On Friday, September 15, the FIU will host a film screening and discussion of the documentary “Good Things Will Come (No Hay Mal Que Por Bien No Venga).” The brief documentary delves into the early 1960 Pedro Pan Airlift which saw over 14,000 unaccompanied Cuban children sent over to the United States by their parents. The focus is on the experiences of two of these “Pedro Pans,” Guillermo Vidal and Ricardo. They recount the traumatic events that led to their parents’ heart-wrenching decision to send them on an uncertain journey to the United States, as unaccompanied child refugees. Through their narratives, the film intertwines their parallel stories, reflecting on the profound impact this event had on their lives and what we can all learn from it today. The event starts at 7:00pm EDT. Register here.
Miami, FL, New Directions in Cuban Studies, October 18-22
On October 18, the Cuban Heritage Collection of the System of Libraries in the University of Miami will host its fifth edition of the multidisciplinary symposium, New Directions in Cuban Studies. This year’s theme is “The great challenges for Cuba yesterday, today and tomorrow.” The symposium will promote works of postgraduate academics on Cuba, with the purpose of spreading the achievements of the global Cuban diaspora.
Coral Gables, FL, Book Presentation: Transnational Cuban Networks of Exchange, October 20
On October 20, Books and Books will host an in-person book discussion of “Circulating Culture: Transnational Cuban Networks of Exchange,” by postdoctoral Research Fellow Jennifer Cearns. Her study delves into the meaning of Cuban culture and identity in a transnational context. Woven into her insightful analysis are evocative vignettes that portray the creators of a resilient and dynamic network—one that defies geopolitical boundaries and has withstood the rapid social changes spanning from the Obama-Biden administration, through the passing of Fidel Castro, and into the Trump-Pence administration. Jennifer Cearns’ work offers a compelling narrative that unravels the remarkable story of this enduring network and its role in shaping contemporary Cuban life. The event starts at 7:00pm EDT. Call (305) 348-1991 or email CRI@fiu.edu to register.
Miami, FL, Panel Discussion: Revisiting the War of 1898 and its Long-Term Repercussions for Cuba & the U.S., October 25
On October 25, FIU will hold a panel discussion focused on the impact of the War of 1898 on Cuba and the United States. Leading scholars Javior Figueroe, Marial Iglesias Utset, Kate Clarke Lemay and Taína Caragol will delve into how the aftermath of the Spanish-Cuban-American War transformed the United States and its newly acquired territories, how Cuba emerged as a 1902 nascent republic, and the growing ubiquitous presence of the United States. The event starts at 2:00pm EDT. Call (305) 348-1991 or email CRI@fiu.edu to register.
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