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Why the Cuba “wet feet, dry feet” policy should continue

The United States has historically had a wet feet, dry feet policy for Cuba, that basically says that people from Cuba who arrive at and stay for a nontrivial length in the United States would be allowed to stay in the United States and qualified for expedited “legal permanent resident” status. Historically, this measure was intended to undermine the communist regime in Cuba (for more background on US-Cuba relations, see Wikipedia and the Council on Foreign Relations). The recent thawing of relations between Cuba and the United States has led people to question the wisdom of continuing with the policy. When Cuba announced that it would be more relaxed in allowing people to leave the country for travel, Alex Nowrasteh wrote that this would be good for the US. Recently, US President Barack Obama, and his Cuban counterpart, Raul Castro, announced a new chapter of cooperation in US-Cuba relations. Is the “wet feet, dry feet” policy still relevant?

How the wet feet, dry feet policy is discriminatory

Image credit: Batista’s Cuba Still Hurts U. S. Image. A Little Girl Shows Us How Much from Cuban Insider

Jason Dzubow, author of the Asylumist, a thoughtful blog on asylum and refugee issues, thinks it’s time to end the policy. He writes:

It seems to me that the CAA and our over-all Cuba policy exists because of our government’s decision that this was the best way to isolate the Castro regime and force democratic change on our island neighbor. More specifically, anti-Castro Cubans in Miami pushed our nation’s Cuba policy towards the all-stick, no-carrot approach that—50 years later—has accomplished nothing. Now, it seems attitudes among the Cuban American community have shifted. To be sure, many still oppose normalization, but—so far at least—we have not seen the type of angry, in-the-streets reaction that characterized the Elian Gonzales affair during the Clinton Presidency. Perhaps there is more widespread recognition that the old policy hasn’t worked, and that we need to try something new.

So now that we are moving towards a new phase in our relationship with Cuba, it makes sense to end the CAA. The situation in Cuba is less dangerous than in many other countries, and so there is no longer any justification for the CAA based on humanitarian reasons (though I believe there really never was a valid justification for the law based on humanitarian reasons). The only logical reason for the CAA was as a propaganda tool against the Castro regime. I doubt this ever really worked (except maybe in the minds of some in the anti-Castro Cuban community), and—given that we are moving towards normalized relations—it certainly makes no sense at all any more.

All of this is not to say that the Cuban regime respects human rights or allows political dissent. It’s clear that the government represses the political opposition, and that it detains and persecutes perceived opponents. But that type of behavior is, unfortunately, all too common in many countries, and it does not justify a blanket asylum for everyone who comes from a country with a poor human rights record. Indeed, it is exactly why we have an asylum system in the first place.

Dzubow makes a number of valid points. I don’t think the “wet feet, dry feet” policy is sufficiently important that it is worth maintaining at high political and diplomatic cost. However, I think that proactively trying to get rid of it to engineer a fairer system is misguided. I describe three reasons below:

  1. True fairness requires open borders, not equitable miserly treatment of refugees from all countries
  2. Shortening the queue: special treatment for Cubans means less backlog for other countries
  3. The value of precedent

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