Understanding Wet Foot Dry Foot Law And Its Applicability

The Wet Foot, Dry Foot policy was an interpretation of the 1995 revision of the Cuban Adjustment Act of 1966. It allowed Cuban migrants who made it to U.S. soil to pursue a fast track to permanent residency. The policy was implemented by the Clinton administration to protect Cubans fleeing the oppressive Communist government. However, in 2017, President Barack Obama reversed the policy, sparking debates about its impact on Cuban immigration and family reunification.

The Cuban Adjustment Act of 1966

The CAA was applied to Cubans who had fled Cuba in 1959 or 1960 and were living in the US, and it was also to be applied to new arrivals. Initially, the US paroled everyone fleeing Cuba, giving them a free pass into the country for a year so they could adjust their status. However, this led to dangerous attempts to enter the US, including the Mariel boatlift in 1980, and the Cuban raft crisis in the early 1990s, where thousands tried to escape economic calamity by sea.

In 1995, the Clinton administration adopted the wet foot/dry foot policy, which allowed Cubans who reached US soil to apply for legal status, while those intercepted at sea were repatriated to Cuba. This policy was ended by President Obama in 2017, and the Cuban Adjustment Act was modified to prohibit its exemption for Cuban nationals who enter the US without visas.

The Clinton Administration's role in the law

The Clinton Administration's role in the wet foot dry foot law was significant, as it was during Bill Clinton's presidency that the policy came into effect. On September 9, 1994, the Clinton administration announced a migration agreement with Cuba, with the stated purpose of "normalising" migration between the two nations. This agreement altered the US's approach to Cuban immigrants and laid out a plan for safe, legal, and orderly immigration.

One of the key points of the agreement was that the US would no longer permit Cubans intercepted at sea to enter the country. Instead, these individuals would be placed in safe haven camps in third-party countries. Cuba also agreed to use persuasive methods to discourage people from attempting the dangerous sea journey to the US. Additionally, the US pledged to admit at least 20,000 Cuban immigrants annually, not including the immediate relatives of US citizens.

On May 1, 1995, the Clinton administration announced a further agreement with Cuba, addressing the issue of approximately 33,000 Cubans detained at Guantanamo Bay. This agreement included two key points. First, the US allowed most of the detained Cubans to enter the country through humanitarian parole provisions. Second, instead of placing Cubans intercepted at sea in safe haven camps, the US began repatriating them to Cuba, with both parties promising to act in accordance with international obligations and ensure no reprisals against those returned.

The wet foot dry foot policy, which was an interpretation of the 1995 revision of the Cuban Adjustment Act of 1966, was implemented during the Clinton Administration. This policy allowed Cuban migrants who reached US soil to pursue a fast track to permanent residency, while those intercepted at sea were returned to Cuba or sent to a third country.

The impact of the law's termination

The wet foot, dry foot policy was a former interpretation of the 1995 revision of the Cuban Adjustment Act of 1966. This policy essentially allowed any Cuban who entered the United States to pursue residency a year later.

The termination of the wet foot, dry foot policy by President Barack Obama in January 2017 had a significant impact on Cuban immigration to the United States and relations between the two countries.

Harder for Cubans to Immigrate to the US

The law's termination made it harder for Cubans to immigrate to the United States. Prior to the termination, Cubans who made it to shore in the United States were given the opportunity to remain in the country and eventually qualify for permanent residency and citizenship. With the termination, Cuban immigration was regularized, and Cubans now face the same immigration processes and challenges as those from other nations.

Increased Cuban Asylum Seekers at the US-Mexico Border

As a result of the termination, it is expected that more Cubans will arrive at the land border with Mexico to claim asylum. This is because, despite the wet foot, dry foot policy being terminated, the Cuban Adjustment Act of 1966 remains in place. Cubans can still arrive at the US border and claim asylum, which typically takes longer than a year to process. After being present in the country for a year, they can then apply for permanent residency under the Cuban Adjustment Act, rendering their asylum claim moot.

Improved US-Cuba Relations

The termination of the wet foot, dry foot policy was hailed by the Cuban government and seen as a step towards normalizing relations between the two countries. The end of President Obama's presidency saw an increase in foreign relations with Cuba, including bilateral agreements regarding maritime and aeronautical search and rescue protocols for Cuban immigrants.

Increased Safety for Cuban Immigrants

The termination of the policy was also motivated by concerns about the safety of Cuban immigrants. Prior to the termination, the wet foot, dry foot policy encouraged Cuban immigrants to risk their lives by crossing the Florida Straits into the United States. With the policy terminated, the number of Cubans risking their lives on dangerous sea journeys is expected to decrease.

The law's effect on Cuban migration

The Wet Foot, Dry Foot policy, which came into effect in 1995 under the Clinton administration, had a significant impact on Cuban migration to the United States. The policy, which was an amendment to the Cuban Adjustment Act of 1966, allowed Cuban migrants who reached U.S. soil to pursue residency and eventually U.S. citizenship. This created a pathway for Cubans fleeing the Communist government to find refuge in the United States.

Prior to 1995, the U.S. government allowed all Cubans who reached U.S. territorial waters to remain in the country. The Wet Foot, Dry Foot policy changed this by only permitting those who made it to land (dry foot) to stay, while those intercepted at sea (wet foot) were returned to Cuba or sent to a third country. This change aimed to discourage dangerous sea crossings and normalise migration between the two nations.

The policy had a significant impact on Cuban migration patterns. Many Cubans still attempted the dangerous ocean crossing, with some even risking their lives by crossing the Florida Straits. Others sought alternative routes, such as travelling to the Yucatán Peninsula in Mexico and then to the Texas-Mexico border. The policy also led to an increase in human smuggling, as Cubans with access to affluent family members in the U.S. were willing to pay high fees to cross land borders.

The end of the Wet Foot, Dry Foot policy in 2017 by President Obama sparked debates about its impact on Cuban migration. Some argued that it would prevent young Cubans from leaving and allow them to implement changes in their country. It was also hoped that the policy change would improve relations between Cuba and the U.S. and reduce the number of Cubans drowning while attempting the ocean crossing. However, others expressed concern that it would make it more difficult for Cuban families to reunite and that it would lead to increased waiting times and background checks for those seeking to immigrate legally.

In conclusion, the Wet Foot, Dry Foot policy had a significant impact on Cuban migration by creating a pathway for Cubans to pursue residency and citizenship in the United States. It also led to changes in migration patterns and an increase in human smuggling. The end of the policy in 2017 sparked debates about its impact on Cuban immigration and relations between the two countries.

The law's reception

The Wet Foot, Dry Foot policy was an amendment to the Cuban Adjustment Act of 1966, which came into effect in 1995 under the Clinton administration. The law was received in different ways by different people.

The US Government's Reception

The US government's reception of the law was largely positive. The Clinton administration saw it as a way to normalise migration between the US and Cuba. The US government also wanted to dissuade people from making dangerous journeys to enter the US, but they did not want to turn away Cubans who sought to leave their country.

The Cuban Government's Reception

The Cuban government's reception of the law was negative. Cuba refused to take back its nationals who had been ordered deported from the US. Additionally, anyone who tried to flee Cuba for the US was treated as a political dissident and traitor, which prompted viable asylum claims.

The US Public's Reception

The reception of the law by the US public was mixed. Some people supported the law, as they believed it provided refuge to Cubans fleeing an oppressive Communist government. However, others believed that the law was outdated and no longer served its original purpose. They argued that the law was now mainly incentivising illegal immigration and should be repealed.

The Cuban Public's Reception

The reception of the law by the Cuban public was also mixed. Some Cubans supported the law as it allowed them to leave Cuba and settle in the US. However, others believed that the law may keep young people in Cuba and improve relations between the two countries.

The Law's Impact

The Wet Foot, Dry Foot policy had a significant impact on immigration between the US and Cuba. It allowed thousands of Cubans to enter and settle in the US. However, it also led to an increase in dangerous journeys and a strain on US resources.

In summary, the reception of the Wet Foot, Dry Foot policy was mixed. While some people saw it as a necessary protection for Cuban refugees, others believed it was outdated and incentivised illegal immigration. The law had a significant impact on US-Cuba relations and immigration patterns.

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