DHS ELIMINATES “WET FOOT/DRY FOOT” POLICY FOR CUBANS AND THE CUBAN MEDICAL PROFESSIONAL PAROLE PROGRAM
February 15, 2017
On January 12, 2017 the U.S. Department of Homeland Security (DHS) announced the elimination of several policies relating to travel from Cuba. First, DHS is eliminating a special parole policy for arriving Cuban nationals commonly known as the “wet-foot/dry-foot” policy. “Wet-foot/dry-foot” refers to an understanding under which Cuban migrants traveling to the United States who are intercepted at sea (“wet foot”) are returned to Cuba or resettled in a third country, while those who make it to U.S. soil (“dry foot”) are able to request parole and, if granted, lawful permanent resident status under the Cuban Adjustment Act (CAA). The CAA became law on November 2, 1966. This means that Cuban nationals arriving in the United States as of January 12, 2017 will be treated as any other national from any other country for purposes of immigration status. Meaning, they will no longer be granted work permits and US Permanent Residence (Green Cards) within a year of arrival.
DHS is additionally eliminating a policy for Cuban medical professionals known as the Cuban Medical Professional Parole Program (CMPP). The CMPP allowed certain Cuban medical personnel in third countries (i.e., not Cuba or the United States) to apply for parole. Applicants under the CMPP program were required to show, at a U.S. Citizenship and Immigration Services office, or U.S. embassy or consulate, located in the third country, that they were medical professionals conscripted to study or work in a third country under the direction of the Cuban Government. Their immediate family members were also potentially eligible for parole.
DHS is also eliminating an exemption that previously prevented the use of expedited removal proceedings for Cuban nationals apprehended at ports of entry or near the border. The existing Cuban Family Reunification Parole Program, however, is not affected by this announcement and will remain in effect.
DHS explained that the policies being eliminated were historically justified “by certain unique circumstances, including conditions in Cuba, the lack of diplomatic relations between our countries, and the Cuban Government’s general refusal to accept the repatriation of its nationals.” However, considering the reestablishment of full diplomatic relations, Cuba’s signing of a Joint Statement obligating it to accept the repatriation of its nationals who arrive in the United States after the date of the agreement, and other factors, DHS concluded that, with the limited exception of the Cuban Family Reunification Parole Program, the parole policies discussed above were “no longer warranted.”
Information on these new developments is available at: https://www.gpo.gov/fdsys/pkg/FR-2017-01-17/pdf/2017-00914.pdf
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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