Cuba: Nationality and the right to return to Cuba of Cubans exiled to the United States in 1980
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 August 1992 |
| Citation / Document Symbol | CUB11393 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Cuba: Nationality and the right to return to Cuba of Cubans exiled to the United States in 1980, 1 August 1992, CUB11393, available at: https://www.refworld.org/docid/3ae6ab9d18.html [accessed 7 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Please find attached several previous Responses to Information Requests that concern issues of Cuban nationality and exit from and return to Cuba by Cuban nationals (see list of attachments). A copy of Response to Information Request CUB8327 is being forwarded to your Regional Documentation Centre by courier instead of fax, due to the number of attachments.
As stated in previous responses, the Embassy of Cuba in Ottawa has indicated that a general statement on issues of return and nationality of Cubans outside Cuba cannot be made, since each case has to be reviewed by Cuban authorities on an individual basis (9 May 1991). The same source has stated that Cuba defines different migratory categories by referring to the conditions and circumstances under which a person leaves Cuba; permission to re-enter Cuba would depend on the migratory category of the person, among other things (Ibid.). Normally, a Cuban national would require a valid passport and an entry or re-entry permit for re-entering the country (Ibid.). The attached Responses to Information Requests also contain information on nationality and acquisition or loss of citizenship. According to the Embassy of Cuba, issues of travel and nationality are dealt with by the authorities in Havana (Ibid.). A representative of the Embassy recently provided a summary of the recent changes made to the Constitution of Cuba, which governs questions of nationality. The representative was unaware of any changes concerning nationality or exit and return, and the summary provided did not contain references to changes in articles related to these issues (12 Aug. 1992).
In the specific case of "Marielitos" (persons who left Cuba in the "Mariel Boat Lift" in 1980) convicted or detained in the United States, some were returned to Cuba through a special agreement between the governments of Cuba and the United States. Although those persons re-entered Cuba, information on their specific legal status (recognition of their nationality or citizenship by the state, enjoyment of rights, etc.) could not be found among the sources currently available to the IRBDC.
According to an adjudication officer of the Immigration and Naturalization Service (INS) of the United States, between 100 and 200 "Marielitos" were returned to Cuba through the above-mentioned agreement (10 Aug. 1992). According to the source, only the most serious offenders and persons considered to have "serious social problems" were returned to Cuba, and in some cases it is assumed that they may have returned to jail to complete their sentences (Ibid.). According to a source from the Exodus Project of the Cuban-American National Foundation, much controversy has arisen over the deportation of "Marielitos" to Cuba (10 Aug. 1992). The source stated that some among the exiled Cuban community have argued that not all those who were deported to Cuba were "hard core" criminals, adding that the nature of the crimes for which some were convicted in Cuba is still a subject of controversy and may have had consequences on the treatment or status of those returned (Ibid.).
A lawyer from the Cuban community in Miami and associated with the Cuban-American National Foundation stated that nearly 1,000 "Marielitos" have been deported to Cuba between 1983 and 1992 (10 Aug. 1992). The lawyer stated that those deported have usually arrived at Havana airport in handcuffs and have been handed over to Cuban authorities (Ibid.). Except for fewer than a dozen persons who remained in prison in Cuba as of 1990, their whereabouts have remained unknown to non-government Cuban sources (Ibid.). The source stated that the majority of the approximately 1,000 Cuban "Marielitos" deported since 1983 had not been originally convicted in Cuba, but were actually convicted for crimes committed in the United States and had, in most cases, completed their sentences (Ibid.). The majority of those being deported had been asked to keep in touch with organizations or individuals in the United States, in some cases through relatives or acquaintances in Cuba, but have not been heard of since by sources outside Cuba, so their current status is unknown (Ibid.).
Additional and/or corroborating information could not be found among the sources currently available to the IRBDC.
References
Cuban-American National Foundation, Exodus Project. 10 August 1992. Telephone Interview with Representative.
Embassy of Cuba, Ottawa. 12 August 1992. Telephone Interview with Representative.
. 12 August 1992. Fax received by the IRBDC.
. 9 May 1991. Telephone Interview with Representative.
Miami lawyer. 10 August 1992. Telephone Interview.
United States Immigration and Naturalization Service (INS), Washington, D.C. 10 August 1992. Telephone Interview with Adjudication Officer.
Attachments
Embassy of Cuba, Ottawa. 12 August 1992. Fax received by the IRBDC.
Immigration and Refugee Board Documentation Centre (IRBDC), Ottawa. 8 July 1992. Response to Information Request CUB11192.
. 10 January 1992. Response to Information Request CUB10032.
. 5 September 1991. Response to Information Request CUB9384.
. 9 May 1991. Response to Information Request CUB8539.
