An End to Cuban Exceptionalism

An End to Cuban Exceptionalism
3 DEC 7, 2015 9:06 AM EST
By Editorial Board

Just as U.S. policy toward Cuba has changed, so must U.S. policy toward
Cubans -- specifically, those Cubans who find their way to the U.S. But
the change in immigration policy, like the change in diplomatic policy,
needs to proceed carefully, or it may trigger exactly the kind of crisis
both countries want to avoid.

For almost half a century, Cubans have received unique treatment under
U.S. immigration law. So long as they set foot on U.S. soil, Cubans are
all but guaranteed admission. They can get a green card within a year
and are basically exempt from deportation and immigration enforcement
policies affecting other noncitizens. Plus, since they're treated as
refugees, they qualify for federal assistance and other benefits.

Yet as ties have improved between the U.S. and Cuba, some unforeseen
consequences of this policy have become glaringly evident. The easing of
travel restrictions by both sides has led to "refugees" who freely
shuttle back and forth between the two countries. (Unlike other
refugees, Cubans can travel back to their country without jeopardizing
their U.S. immigration status.) Moreover, the lack of rigorous
background checks has created what Florida's Sun Sentinel calls the
"Cuban Criminal Pipeline," a burgeoning population of petty and
not-so-petty crooks, many of whom fraudulently claim federal benefits.

Cubans, who live under a repressive regime that distributes poverty
rather than opportunity, have good reason to emigrate. And Cuban
immigrants have immeasurably enriched the U.S. But the anomalies and
widespread abuses of U.S. immigration policy toward Cuba have sparked an
outcry even among the most die-hard opponents of the Castros. Defending
the existing policy is even harder in the face of the much higher
hurdles that face those fleeing violence in Syria and Central America.

Yet changing the system comes with its own risks. Fears among Cubans of
a change in policy have already triggered a near-doubling in arrivals
during the 2015 fiscal year, to 43,159. Mexico and the nations of
Central America are struggling with the increased flow, which has been
abetted by the region's smuggling gangs. (More than 4,000 are stuck in
Costa Rica, their journey northward blocked by Nicaragua's government.)
A protracted legislative battle to repeal or rewrite the Cuban
Adjustment Act, the 1966 law that codifies U.S. immigration policy
toward Cuba, would send even more rushing for the exits.

President Barack Obama could use his executive authority to subject all
Cubans who arrive in the U.S., by whatever means, to screening: They
would have to prove they faced a credible fear of persecution in order
to be paroled into the U.S. Those who were economic, rather than
political, refugees would be sent back to Cuba. That change could be
made relatively quickly, and might deter many Cubans from making an
expensive and now more uncertain trek. Once that administrative measure
is in place, Congress should then junk the Cuban Adjustment Act.

Of course, the best way to persuade Cubans to stay in Cuba would be for
the U.S. Congress to drop its embargo and for President Raul Castro to
speed up the opening of his country's economy and political system.
That's the adjustment Cuba really needs.

To contact the senior editor responsible for Bloomberg View's
editorials: David Shipley at davidshipley@bloomberg.net.

Source: An End to Cuban Exceptionalism - Bloomberg View -
http://www.bloombergview.com/articles/2015-12-07/an-end-to-cuban-exceptionalism