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Do Not Get Rid of the Cuban Adjustment Act
by Daniel Nardini
In 1966, the U.S. Congress passed what would be called the Cuban Adjustment Act. Signed by then U.S. President Lyndon Johnson, the act allows those Cubans fleeing Cuba and landing in the United States to be able to obtain legal permanent residence after two years. Later that requirement was narrowed to one year. During the administration of U.S. President Bill Clinton, a further modification known as the “wet foot, dry foot” policy was enacted whereby those Cubans fleeing Cuba who are successful in making landfall in the United States get to remain in the United States under the Cuban Adjustment Act. However, if they are picked up at sea by the U.S. Coast Guard they are then returned to Cuba.
With the attempt at reestablishing diplomatic relations between the United States and Cuba, there have been calls by some for the complete scrapping of the Cuban Adjustment Act. The two main arguments are that now with diplomatic relations between the United States and Cuba, all Cuban immigration can be handled through “normal” immigration channels. One other argument is that the Cuban Adjustment Act has been “abused” and hence must be ended. There seems to be powerful political left forces that want to cut off any avenue for those Cubans trying to flee Cuba. Their excuse is using diplomatic relations as a cover for trying to prevent Cuban dissidents from being able to flee persecution. Just because there may be an immigration system between the United States and Cuba put into place will not mean that Cuba will let Cuban dissidents go.
Even with the establishment of diplomatic relations, this will not end the political persecution of those who are against the one party system. This will not end the controls of the Cuban government in everyday life in Cuba. And this will not end those Cubans who are trying to flee for their lives. Anyone who believes this is a fool or a leftwing fanatic. There are those who state that people from other countries are disadvantaged because of the Cuban Adjustment Act, and that this Act is a piece of legislation from the Cold War era. The Communist Party of Cuba still rules Cuba, and that is not a thing of the past. Ask those Cuban political prisoners if their imprisonment and torture at the hands of the Communist Party of Cuba today is a thing of the past or not. Ask ordinary Cubans if the controls used by the Cuban government are a thing of the past or not (such things like a censored press and communications, no freedom of public speech, and the inability to create another political party).
Given these circumstances, the Cuban Adjustment Act is still necessary since Cuba is and remains the only Communist-ruled state in the Americas. I am sure that U.S. President Barack Obama and people and supporters in his administration would like to scrap the Cuban Adjustment Act. However, scrapping it would require an act of Congress, which is unlikely to happen at this point. Let us hope that the Cuban Adjustment Act remains until Cuba itself politically changes.