The Cuban Adjustment Act of 1966
The Cuban Adjustment Act of 1966 is a significant piece of U.S. legislation designed to facilitate the process for Cuban natives or citizens to obtain permanent residency in the United States. Enacted on November 2, 1966, by President Lyndon B. Johnson, the Act emerged in response to the influx of Cubans fleeing the communist regime established by Fidel Castro after the Cuban Revolution. The legislation allowed Cubans who had been in the U.S. for at least one year to adjust their status, bypassing standard immigration requirements.
The historical context surrounding the Act is rooted in heightened tensions between the United States and Cuba during the late 1950s and early 1960s, including the failed Bay of Pigs Invasion and the Cuban Missile Crisis. These events contributed to a significant political and economic rift, leading to a U.S. embargo on Cuba. The Act aimed to offer a safe haven for those escaping the deteriorating conditions in Cuba, which included government repression and economic hardship.
While the Cuban Adjustment Act remains in effect, its implications have evolved over the years, particularly with the changing U.S. administrations and their differing approaches to Cuban immigration policy. The Act has been a focal point in discussions about U.S. relations with Cuba, especially as attitudes toward the Cuban government and its citizens have shifted. The repeal of the "wet feet, dry feet" policy by President Obama in 2017 further impacted how Cuban migrants are treated under U.S. immigration law.
On this Page
The Cuban Adjustment Act of 1966
The Cuban Adjustment Act of 1966 was a federal law enacted with the purpose of allowing Cuban natives or citizens already in the United States the ability to get around the standard immigration laws and earn permanent residency more quickly. It was enacted on November 2, 1966, by President Lyndon B. Johnson in response to the surge of Cubans who sought refuge in the United States because of Fidel Castro coming to power and creating a communist Cuba.
Background
Tensions boiled over between the United States and Cuba in the late 1950s and early 1960s. In 1959, Prime Minister Fidel Castro overthrew the government of Fulgencio Batista, a US ally. The United States did recognize Castro’s government but imposed economic penalties on it because Cuba increased its trade with the Soviet Union and increased taxes on US imports. Following a slashing of Cuban sugar imports, most US exports to Cuba were banned. The situation became a full economic embargo and included travel restrictions.
In 1961, the United States planned secret operations to topple Castro’s government. More than one thousand Cuban exiles were prepped to overthrow Castro in the CIA-led Bay of Pigs Invasion, but the mission failed. The Cuban Missile Crisis occurred because Cuba allowed the Soviet Union to install nuclear missiles there. In October 1962, President John F. Kennedy demanded the removal of the weapons and issued a naval quarantine of Cuba. This turned into a thirteen-day standoff and the threat of a nuclear war grew. Eventually, the Soviet Union agreed to withdraw missiles from Cuba if the United States withdrew its nuclear missiles from Cuba. The following year, Kennedy instituted a ban on US nationals’ travel to Cuba.
In 1982, during President Ronald Reagan’s administration, the president called Cuba a sponsor of terrorism. Presidents George H.W. Bush and Bill Clinton each signed legislation that would bolster US sanctions and keep the embargo in effect until Cuba became a democracy and did not have a member of the Castro family in power. Sanctions became even tighter under President George W. Bush.
In 2008, then-presidential candidate Barack Obama campaigned on restarting diplomacy with Castro. After taking office he allowed Cuban Americans to send as much money as they wanted to Cuba and gave US citizens the ability to visit the island for religious and educational purposes. In 2008, Raul Castro succeeded his brother Fidel as leader of Cuba. In 2014, Raul Castro and Obama said that their governments would go back to having diplomatic relations. Obama also took back Cuba’s designation as a sponsor of terrorism. Obama became the first US president to visit Cuba since Calvin Coolidge in 1928. In the area of immigration, Obama repealed the “wet foot, dry foot” policy so that unauthorized immigrants from Cuba would be treated like those from other countries.
Following through on his campaign trail promises, President Donald Trump reversed much of Obama’s progress in normalizing relations with Cuba. Travel was prohibited and the administration put a stop to cruise ships sailing between the United States and Cuba. US flights were only permitted to Havana in the hopes of reducing Cuban tourism income. The administration also imposed economic sanctions. Since the beginning of the embargo, US trade restrictions cost Cuba more than $130 billion, the United Nations reported. President Joe Biden then pledged to reverse much of what Trump did in his years in office. In May 2022, the administration expanded US flights into Cuba, restarted the family-reunification program, and lifted the remittance cap for families.
Overview
In 1959, following the Cuban Revolution, Fidel Castro led the country to become a communist nation. Cubans faced government seizure of their private property and various laws that limited their rights. At this time, the relationship between the United States and Cuba was on the decline and eventually led to the United States ending diplomatic relations with the communist nation on January 3, 1961. The Communist Party of Cuba officially took the helm of the government in 1965. Castro announced in September of that year that Cuban nationals would face no negative consequences if they opted to leave for the United States.
By August 1966, 165,000 refugees arrived without “green card” status. The US government allowed the immigrants to enter the country as political refugees. In 1966, President Johnson signed the Cuban Adjustment Act to provide a quick path to legal residency, as long as the Cubans had been present in the United States for at least two years (later changed to one year). This treatment of immigrants was solely for Cubans, as the United States thought that the offer would destabilize Cuba.
A poor economy in Cuba, along with a lack of housing and jobs, led to tensions and violence. Many Cubans sought help or asylum at the Peruvian embassy or other embassies. Occasionally, Castro would close the nation’s borders and keep Cuban citizens from leaving, but on April 20, 1980, the government said that all Cubans seeking to immigrate to the United States should board boats at the port of Mariel. About 125,000 Cubans did so during an event known as the Mariel Boatlift, which lasted until October of that year. In all, about 1,700 boats fled Cuba and twenty-seven migrants died on the way to the United States. Some of the immigrants were criminals or mentally ill, though most were seeking political asylum.
In 1994, Castro announced that the government would not prevent emigration from Cuba by boat. This prompted the administration of US President Bill Clinton to direct the US Coast Guard to capture watercraft carrying those fleeing Cuba for the United States. Intercepted Cubans were taken to the American naval base at Guantanamo Bay, Cuba, and were considered to have “wet feet.” They were sent back to their homeland. Cubans who reached the United States by land—with “dry feet”—were able to invoke rights under the Cuban Adjustment Act.
In 1996, thirty years after the Cuban Adjustment Act went into law, Congress sought to repeal it. Under that action, the president may repeal the act if it is determined that a democratically elected government is in power in Cuba. In January 2017, outgoing President Obama ended the “wet foot, dry foot” standard because he was interested in resuming relations with Cuba.
Bibliography
Duong, Allana T. “The Cuban Adjustment Act of 1966: An Introduction and History.” US Department of Justice, Winter 2017–2018, www.justice.gov/eoir/page/file/1028571/download. Accessed 14 June 2023.
Florido, Adrian. “End of ‘Wet-Foot, Dry Foot’ Means Cubans Can Join Ranks of ‘Undocumented.” NPR.com, 17 Jan. 2017, www.npr.org/sections/codeswitch/2017/01/15/509895837/end-of-wet-foot-dry-foot-means-cubans-can-join-ranks-of-the-undocumented. Accessed 14 June 2023.
Mira, Ilissa. “Seven Things You Should Know About Cuban Adjustment.” Catholic Legal Immigration Network, 27 Sept. 2016, www.cliniclegal.org/resources/humanitarian-relief/seven-things-you-should-know-about-cuban-adjustment. Accessed 15 June 2023.
“Cuban Adjustment Act.” Encyclopedia Britannica, www.britannica.com/topic/Cuban-Adjustment-Act. Accessed 14 June 2023.
“Fidel Castro Announces Mariel Boatlift, Allowing Cubans to Emigrate to US.” History.com, 2023, www.history.com/this-day-in-history/castro-announces-mariel-boatlift. Accessed 14 June 2023.
“US-Cuba Relations.” Council on Foreign Relations, 3 Jun. 2022, www.cfr.org/backgrounder/us-cuba-relations. Accessed 14 June 2023.