Is the “Act of Adjustment” at Risk for Cubans in the US? This is what the expert says

In recent weeks, statements by Cuban-American Senator Marco Rubio have raised questions about Cubans seeking asylum in the United States and visiting the island on vacation. The durability of the so-called “Cuban Adjustment Act” has also been questioned. What do the experts predict?

Attorney Willie Allen promised half Marty Noticias, of Miami, said the Cuban Adjustment Act is still in place and, despite recent questions from South Florida, is not in jeopardy. Enacted in 1966, this law allows Cubans fleeing their country’s government to obtain permanent residency in the United States one year and one day after legal entry.

Thanks to the efforts of former congressmen Lincoln Díaz-Ballard and Ileana Ros-Lehtinen, the expert explained that the law is connected to the act of democracy. This means that the law can only be lifted if the US president certifies to Congress that Cuba has held “free, democratic and transparent elections”. The lawyer said he does not believe this will happen in 2023.

What will happen to the Cuban Adjustment Act?

The law has created controversy and backlash among immigrants after Senator Marco Rubio, Republican of Florida, asked Homeland Security Secretary Alejandro Mayorkas about Cubans who have received refugee status in the United States and frequent trips to the island.

“If you are here as a refugee, it is because you have escaped persecution and have received some benefits. But after one year as a refugee, if you return to Cuba six times, shouldn’t you lose your refugee status?” the Cuban-American asked during a Senate Appropriations Committee hearing.

The consulted expert added that Cubans working legally in the United States seeking political asylum could face problems if they return to Cuba.

“Anyone returning to their home country with U.S. residency may be questioned upon arrival in the U.S.,” he said. In these cases, they may be sent to an immigration court to review whether the asylum granted was fraudulent or false.

Allen recalled that the “Adjustment Act” never prevented people from visiting the island, although he noted that “it’s one thing to go to Cuba, to see your family; it’s another thing for people who retire in this country and travel to the island many times.

“As with any person who has become a citizen and has been outside the United States for several months, they will be questioned as they go through the citizenship process. “This happens every day at the Miami airport,” he said.