202003477

SL-202'i t00336967
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"UNCLASSIFIED" 5/ 19/2021 Page 1
United States Department of State

Washington, D. C. 10520
Decontrol led

SENSITIVE BUT UNCLASSIFIED March 16, 2020

CONGRESSIONAL REPORT MEMO FOR Ll'."DER SECRET ARY HALE (P)

(U) H Tasker Number: 003565

(U) Report Titleffopic: Cuban Compliance with the Migration Accords

(U) Due to Congress: April 20, 2020, per Congressional mandate

(U) Priority:
X Routine _ _ Priority
_ _ One-time report _ _ Quarterly Annual X Other (Biannual)

(U) Date last submitted: October 18, 2019

(U) Legislative Provision: Section 2245 of the Foreign Affairs Reform and Restructuring Act
of 1998 (Div. G, P.L. 105-277)

(U) Delegation of authority: Under Secretary Hale is authorized to approve this report W1dcr
Delegation of Authority 280-2.

(U) BLUF: The report functions as the authoritative source for U.S.-Cuban migration statistics
that inform Congress and intcragency decision-makers. As of January 31. 2020, 1,363 of the
minimum 20,000 annual travel documents for legal migration to the united States from Cuba
under the Migration Accords have been issued this fiscal year.

(SBU) Hill/media/public interest: The report does not normally attract attention; however,
there is renewed public interest in migration from Cuba because of the reduction in consular
staffing at our embassy in I lavana as a result of the drawdown of embassy staff. The report
could be of interest to members of Congress who follow Cuba policy, specifically Senators
Rubio (R-FL), Cruz (R-TX), and Menendez (D-NJ)) and Representatives Engel (D-NY), Diaz-
Balart (R-FL), Mooney (R-WV), and Sires (D-NJ). Rb)(5)
(b)(5)

(b)(5) I
(SBU) Impact: The report has no direct effect on USG funding levels.

(U) Decision (Action Required):

CJ Approve the report for transmittal to Congress
U Disapprove/request revision

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Attachments:
Tab 1 - Report Text
Tab 2 - Legislation
Tab 3 - Tasker

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Approved: WHA- Michael G. Kozak, Acting (MK)

H - Mary Elizabeth Taylor

Drafted: WIWCCA,._l
(b_)(S_
) _ _ _ _ _ _ _---1

Cleared: WHA/FO: (ok)

(b)(5); (b)(6)

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Report to Congress on
Cuban Compliance with the Migration Accords
October 2019 to April 2020

The Department of State hereby submits the semiannual report on Cuban migration policies
required by section 2245 of the Foreign Relations Authorization Act, Fiscal Years 1998 and
1999 (Div. G, P.L. 105-277). As outlined in the 1984 Mariel Agreement, the Joint Communique
signed by the United States and Cuba on September 9, 1994, the Joint Statement of May 2, 1995,
and the Joint Statement of January 12, 2017, (collectively known as the "Migration Accords")
the U.S. government is committed to the safe, legal, and orderly migration of Cuban citizens to
the United States. The 1994 Joint Communique states, "The United States ensures that total
legal migration to the United States from Cuba will be a minimum of20,000 Cuban nationals
each year, not including immediate relatives of United States citizens." This commitment was
reaffirmed in the 2017 Joint Statement.

The Department ordered the departure from Cuba of non-emergency U.S. government
employees and all of their family members on September 29, 2017, due to unexplained injuries
impacting the health of U.S. personnel. The U.S. Embassy in Cuba continues to operate at
reduced staffing levels. Because of this significant drawdown in personnel, all immigrant visa
and refugee operations in l lavana have been suspended. The Department designated the
U.S. Embassy in Georgetown, Guyana, to handle immigrant-visa services for Cuban citizens and
nationals, although at a much-reduced capacity. As a result, fewer than 20,000 Cuban nationals
will receive travel documents under the Migration Accords in FY 2020. As of January 31, 2020,
Embassy Georgetown had issued 1,330 travel documents in the categories specified under the
Migration Accords. An additional 33 travel documents were issued at other U.S. embassies,
bringing the total of Migration Accords documents issued thus far in FY 2020 to 1,363.

I. MIGRATION METHODS

(A) The Cuban Family Reunification Parole (CFRP) Program

As of January 31, 2020, the U.S. Citizenship and Immigration Service (USCIS) has approved
and forwarded 159 petitions in FY 2020 to the National Visa Center. Due to the drawdown in
staffing at the U.S. Embassy in Havana, CFRP services in Havana were suspended on
September 29, 2017.

No documents have been issued thus far in FY 2020 under the CFRP.

(B) Safety of Life at Sea

The U.S. Coast Guard (USCG) continues to repatriate Cuban migrants interdicted at sea per the
1995 Joint Statement. Effective June 8, 2018, USCG and the Secretary of Homeland Security
ended the previous policy of affirmatively screening Cuban migrants subject to direct
repatriation to Cuba for protection concerns. USCIS continues to provide at-sea credible fear
screening for all USCG interdicted and referred Cuban migrants who express fear of persecution,

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torture, or return to Cuba. As of January 31, 2020, USCIS has conducted no at-sea credible fear
screenings of Cuban migrants in FY 2020.

Prior to January 12, 2017, Cubans who encountered in the United States were normally granted
parole, whether they arrived by land or sea The primary method of maritime entry continues to
be makeshift vessels. As of February 6, 2020, the USCG's known Cuban maritime flow' in FY
2020 to date is 76 migrants. See Table 2 below for additional details and a comparison with FY
2018 and FY 2019 figures.

Table 2: USCG Interdiction ofMiP-rants at Sea

TOTAL
Location of TOTAL TOTAL FY2020
Enforcement Encounter FY 2018 FY2019 tvTD\
USCG Interdicted at
250 327 10
Sea
Known Flow of Cuban
Migrants Interdicted at 338 481 76
Sea
FY 2020 year-to-date data updated as of [3/2/2020]
Source: U.S. Coast Guard

USCG and the Cuban Border Guard (TGF) routinely communicate in all aspects of Cuban
maritime migration. "Active target hand-off' operations, in which the TGF pursues a vessel
until it leaves Cuba's territorial waters and then the USCG interdicts the vessel, are commo~
though the frequency of these hand-offs has decreased since the January 2017 Joint Statement
went into effect. ·

(C) Alien Smuggling

Cuba's efforts to prevent alien smuggling include land patrols of its coastal zones and substantial
criminal penalties for offenders. The January 2017 Joint Statement resulted in a dramatic
decrease in unlawful immigration. The TGF continues to prevent illegal departures by
rafts/makeshift vessels.

(D) In-Country Refugee Program

The In-Country Refugee Program is suspended and is not accepting new applications. USCIS
has not conducted refugee interviews in Cuba this fiscal year.

• ''Known flow" includes all known events that occur in the maritime domain, to include: U.S. govemm_ent
interdictions at sea and encounters on land (with a maritime nexus), partner nation's interdictions at sea and
encounters on land (with a maritime nexus, successful evasions, deterred, presumed deceased (being reported Jost at
sea), and known deceased (recovered at sea).

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II. CUBA'S OBLIGATIONS UNDER THE MIGRATION ACCORDS

The 1994 Joint Communique reflects the agreement between the United States and Cuba "to take
measures to ensure that migration between the two cotu1tries is safe, legal, and orderly." The
United States considers that certain actions of the Government of Cuba (GOC) may impede safe,
legal, and orderly migration, including the following:

(A) GOC Exit Permission Policy

Although in general Cuban citizens no longer require an exit permit to leave the country, the
GOC has been arbitrarily prohibiting certain citizens from traveling abroad without advance
notice. In 2019, the GOC refused to allow more than 200 political activists" and independent
journalists to leave Cuba, and it is intensifying these prohibitions on freedom of movement.
Specialized medical personnel are not permitted to travel without individual authorization,
obtained by only a small percentage of doctors.

(B) GOC Migration-Related Fees

Cuban passports are prohibitively expensive by local standards, costing $100, when the average
monthly income is approximately $25.

(C) Removable Aliens

Cuba has historically demonstrated an unwillingness to accept the return of its nationals ordered
removed from the United States. Immigration and Customs Enforcement (ICE) envisioned that
the 2017 Joint Statement in which Cuba agreed, subject to certain exceptions, to accept back its
nationals found removable by the United States after January 12, 2017, ("post-January 12, 2017"
category) would establish a mutually agreeable, repeatable process for removal. As of
February 12, 2020, Cuba has denied requests to repatriate a total of541 out of the 3,663 total
cases nominated for removal in the post~January 12, 2017, category; 76 requests are still pending
a decision, while 18 of the aliens nominated for removal have been granted asylum and 5 cases
had proceedings terminated. In total since January 12~ 2017, ICE has removed 2,644 aliens who
fall under the post January 12, 2017, category, while 149 are pending removal and 230 appealed
their cases after being ordered removed.

The 1984 Mariel Agreement required Cuba to accept back individuals indud6d on a list of2,746
Cuban nationals who departed Cuba from the Port of Mariel in 1980 but were deemed legally
inadmissible to the United States. In the 2017 Joint Statement, Cuba agreed to accept
replacement removable Cuban nationals who departed Cuba for the United States in 1980 via the
Port of Mariel and were found by U.S. authorities to have tried to unlawfully enter or remain in
the United States in violation of U.S. immigration law (the "Mariel Cuban Substitution"). As of
February 12, 2020, three Cuban nationals from the list were repatriated in FY 2020, and since the
enactment of the 2017 Joint Statement. 13 Cuban nationals on the original Mariel List have been
repatriated. During that period, Cuba has denied requests to repatriate 212 Cuban nationals in
the Mariel Cuban Substitution category, and ICE has removed 201 aliens in that category. There
are 43 substitution requests still pending a decision.

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The Joint Statement also established a category for repatriation, on a case-by-case basis, of other
Cuban nationals who were found removable prior to January 12, 2017. From April 10, 2017, to
February 12, 2020, the Department, on behalf of!CE, submitted 4,398 case-by-case category
repatriation nominations for the GOC's consideration. However, of these, the GOC approved
only 23 for removal in the over three years since this category for repatriation has been in effect.

The GOC's refusal to accept for removal the majority ofICE's case-by-case removal
nominations forced ICE to release 422 Cubans with final orders of removal into
U.S. communities in FY 2018, 169 in FY 2019, and 41 in FY 2020 as of February 12, 2020. The
scope of this challenge continues to widen with, at present, approximately 40,000 Cuban
nationals with final orders of removal residing in the United States awaiting removal and an
additional 72,604 in removal proceedings.

On October 22, 2019, then Acting Secretary of Homeland Security McAleenan notified the
Secretary of State that Cuba "has continued to deny or unreasonably delay accepting the return
of Cuban citizens or nationals.'~ As required under Section 243(d) of the Immigration and
Nationality Act, the Secretary of State accordingly ordered consular officers in Cuba to
discontinue granting certain categories of nonimmigrant visas in Cuba, effective December 30,
2019.

(D) Monitoring and Government of Cuba Treatment of Returned Migrants

Consistent with the Migration Accords, the U.S. Embassy in Havana continues to seek access to
interdicted migrants repatriated to Cuba to verify that the GOC, or some component thereof, has
not taken action against them as a consequence of their attempt to emigrate illegally. The
embassy will attempt to contact returned migrants on to check on them despite the drawdown in
staffing. To date they have been unable to undertake any checks. The U.S. embassy also
maintains open hours for repatriated migrants to visit the consular section to report any
mistreatment upon their return to Cuba. The U.S. embassy has established a process to
periodically monitor outside llavana by telephone, but the frequency is determined by resource
availability and workload priorities.

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Approved: H - Mary E. Taylor ()

Drafted: WHA/CCA, l(b_

..... )(S_)_ _ _ _ _ _ _ _ _ _ _ _ _____.

Cleared: WHA/FO: l(b)(S) (ok)

~b )(5); (b )(6)

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