From:

Jose Pertierra

To:

Walter Lippmann

Subject:   

DHS Press Releases on new Cuba immigration policy

Date:   

Aug 11, 2006 8:04 PM

 

Press Office

U.S. Department of Homeland Security

Fact Sheet                           

August 11, 2006

Contact:  DHS Press Office, (202) 282-8010

USCIS will further strengthen measures
that support the reunification of families
separated by the Castro regime

USCIS announced changes today to its existing policies that will increase opportunities for family reunification and reaffirmed its continued practice of providing protection under its in-country refugee processing program, consistent with U.S. international protection obligations. 

IMPACT OF FAMILY REUNIFICATION POLICY

Immigration processing in Cuba is regulated by the September 4, 1994, Joint Communique between the U.S. government and the government of Cuba.  This document allows the United States to process a minimum of 20,000 migrants for travel to the United States each year.  Historically, three classes have made up the 20,000 goal: (1) those who receive family-based immigrant visas, (2) those who receive refugee protection, and (3) those who receive discretionary parole under the Special Cuban Migration Program (SCMP), referred to as the Cuban Lottery. 

Each year, however, there is a significant backlog of individuals who have applied for family-based immigrant visas that are not available to be issued.  Today’s plan aims to reduce this backlog by recognizing these individuals as a fourth class of migrants.  In addition to Cuban Lottery winners, we will also exercise our discretion to parole such individuals into the United States.

Under this new policy, family reunification parolees will make up approximately 60 percent of the discretionary paroles granted each year with Lottery winners making up the remaining approximately 40 percent.  The table below reflects the impact of this policy:

 

 

Category

Approx. Average

2001-2005

After Today’s Announcement

Family-based Immigrant Visas

4,100

4,100

Refugees

5,000

5,000

Discretionary Lottery Parolees

12,500

5,000

Discretionary Family Reunification (Backlog) Parolees

0  

7,500

Total

21,600

21,600

 

BaCKGROUND ON THREE HISTORIC CUBAN MIGRATION CLASSES

Family-BASED IMMIGRANT VISAS

The Immigration and Nationality Act provides Lawful Permanent Resident and United States Citizen family members the right to immigrate family members to the United States.  Because there are annual worldwide and other limitations on the number of available visas, in some instances, family members wait for long time periods outside of the United States until a visa is available for use. 

Refugee Program

The United States is committed to providing protection to persons who flee persecution in their home countries.  The United States provides in-country processing for approximately 5,000 refugees in Cuba annually. The United States is committed both through international treaty and through domestic policy to upholding the principles of the United States Refugee Program.

Lottery/Special Cuban Migration Program

The lottery system was created in 1994 and has had three open seasons for registry.  To qualify Cubans must be between 18 and 55 years of age and have two of the following three characteristics: (1) completion of higher level education or secondary education, (2) three years of work experience, or (3) relatives in the U.S  Participants are randomly selected and are paroled into the United States.

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Press Office

U.S. Department of Homeland Security

Press Release                           
August 11, 2006

Contact:  DHS Press Office, (202) 282-8010

                                                     

DHS ANNOUNCES ADDITIONAL MEASURES TO COMBAT

ALIEN SMUGGLING OF CUBANS

 

WASHINGTON – The Department of Homeland Security (DHS) reaffirmed today its commitment to work closely with Congress to develop legislation that will increase both criminal and civil penalties for maritime alien smugglers.  The physical risks inflicted on aliens by repeat-offender smugglers are very significant, but the current law is not well-suited for prosecution of alien smugglers by sea.  Modeled on the maritime drug-smuggling laws, the proposed legislation will enhance prosecution against those who repeatedly endanger innocent lives. 

DHS also announced today additional measures to discourage Cubans from turning to alien smuggling as a way to enter the United States.  These measures will promote the safe, legal, and orderly migration of Cubans with families in the United States and Cuban medical personnel in third countries, while prohibiting entry into the United States to members of the Castro regime who have committed human rights abuses.

“We urge the Cuban people to stay on the island, so that they may work for their freedom and a democratic society.  We discourage anyone from risking their life in the open seas in order to travel to the United States,” said Department of Homeland Security Deputy Secretary Michael P. Jackson.  “However, I understand many Cubans have been separated from their families for years and long for the day when they can reunite.  If a Cuban chooses to reunite with their family in the United States, we support a safe, legal and orderly migration.” 

 

U.S. Citizenship and Immigration Services (USCIS) will undertake the following measures related to U.S. policy with Cuba:

 

·        USCIS will further strengthen measures that support the reunification of families separated by the Castro regime.  Using existing parole authority, USCIS will exercise its discretion to increase the numbers of Cuban migrants and refugees admitted to the United States each year who have family members in the United States.  Today, approximately 21,000 total Cuban migrants are admitted into the U.S. annually.  While this number will not change, a significantly larger percentage will now be Cubans with family members in the United States. Importantly, any Cuban who attempts to enter illegally the United States will be deemed ineligible for this beneficial treatment.  (see attached fact sheet) 

·
        DHS has committed to implement a system that can allow families to learn if their loved ones have been interdicted at sea.  When implemented, a family member can contact their member of Congress who may formally relay this request to USCIS.  USCIS can then supply to the member of Congress any available safety and health information regarding that migrant.

 

U.S. Department of State, in conjunction with USCIS, will undertake the following measures related to U.S. policy with Cuba:

·
        Any Cuban regime officials who are identified by the U.S. Department of State or other government agencies as human rights abusers will not be allowed to enter the United States to take advantage of immigration benefits.  Aliens known to have been employed in certain positions of authority in the Cuban government or known to have been engaged in persecution of others will also be denied any benefits. 

·
        Using existing parole authority, the United States will allow Cuban medical personnel currently conscripted to study or work in a third country under the direction of the Cuban government to enter the United States.  This policy will also apply to the families of these professionals, who often must remain in Cuba.       

 

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Courtesy of:

Attorney José Pertierra
PERTIERRA & TORO, P.C.
1010 Vermont Avenue, NW #620
Washington, DC 20005
202 783 6666

JosePertierra@aol.com

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