Ground shifts for Cuban felons in U. S.

End of ‘ wet- foot, dry- foot’ policy opens door to deporting thousands of convicts

MIAMI — The sudden end of America’s “wet- foot, dry- foot” policy and special immigration privileges for Cubans leaves the door open for another move that would have a major impact on thousands of South Florida families: deporting convicted Cuban felons back to the island.

The U. S. counts 28,400 of them, all living free after serving prison time.

After decades of maintaining a hard line to never take them back, Cuban officials said Jan. 12 they would consider the proposition — which has been one of the topics in negotiations between the U. S. and Cuba since diplomatic relations were restored in 2015. It appears unlikely there would be a mass deportation by the U. S., but both sides signaled a diplomatic opening for case- by- case negotiations.

Gustavo Machin, deputy director of the U. S. section of Cuba’s Foreign Ministry, said his government would consider cases of Cubans who have “broken laws” in the United States and “can no longer remain” in the country.

Among those Cuban felons who have completed prison terms and now face removal to their homeland are more than 2,000 killers.

For decades, they have been allowed to live in Florida and other parts of the United States under the supervision of immigration authorities because the federal government had no diplomatic relations with Cuba since the early 1960s. Of the total facing deportations, about 18,000 live in Florida.

But now that President Barack Obama has repealed the so- called wet- foot, dry- foot policy allowing Cubans who reach U. S. soil to stay, the possibility of removing thousands of Cuban felons in this country seems at least possible. Although there is no specific mention of the felon issue in the historic agreement, one section addresses Cuban immigrants who “remain” in the United States “in violation of U. S. law.” It further says the U. S. government “shall focus on individuals … determined to be priorities for return.”

Homeland Security Secretary Jeh Johnson told reporters Jan. 12 that “under our agreement with Cuba, there was also the possibility that the Cubans will accept back migrants outside of this arrangement, but on a case- by- case basis.”

Some South Florida legal experts who have been following the issue said the removal of the Cuban felons is long overdue.

“Convicted felons of Cuban origin should be deported if they cannot establish a lawful reason for the United States to refrain from sending them back,” said Miami lawyer Marcos Jimenez, a former U. S. attorney in South Florida. “And Cuba should accept them back, so Cuba honors its end of the bargain now that the countries have reestablished diplomatic relations.”

Jimenez, who was appointed U. S. attorney by former President George W. Bush, said the removals “should absolutely be a priority for the new [ Trump] administration.”

But at the same time, Jimenez said, the Cuban government “should deport” potentially dozens of U. S. fugitives wanted for crimes in this country “who are hiding in Cuba.”

Over the past two decades, there has been an uptick in federal crimes, such as Medicare and other government fraud, with Cuban suspects fleeing to the island with their stolen benefits — a troubling trend that compelled a few Cuban- American politicians to question the special political refugee status afforded new immigrants from the island.

For decades, Cubans — including those convicted in the United States — have benefited from unique immigration privileges while their country and America shared no diplomatic relations.