The wet foot dry foot policy refers to the amendment of the Cuban Adjustment Act of 1966. The amendment, passed by Congress in 1995, was intended to provide a solution to the immigration issues between Cuba and the United States of America. Previously, the old legislation enabled express qualification for full citizenship to Cubans migrating into the United States. In order to contain escalation of immigrants from Cuba to United States of America, the piece of law was amended so that Cubans intercepted enroot to America could be returned to Cuba. However, immigrants who succeed in their journey to America would be allowed entry and subsequently granted citizenship status .
Incidental to those provisions were express legal requirements that either nations committed to observe and fulfill. Like many bilateral laws, the agreement was skewed towards securing the interests of the dafter nations. It was expected that the revised Act’s provisions would effectively deal with the tedious and delicate issue of immigrants. Cuban interests were protected in the provisions since any immigrants caught at sea would be deemed to be Cuban nationals and so returned to Cuba. Cuba would, therefore, not lose all of its labor resource. On the other hand, the United States of America would limit its budgetary expenses on immigrants and equally limit the security threats that it was exposed to by allowing immigrants into its boundaries .
The United States undertook to carry out surveillance on the sea which was primarily focused to trapping immigrants at sea and consequently returning them to Cuba. Congress had seen it wise to provide in the adjustment that immigrants who had succeeded in crossing the sea into the land be allowed citizenship status in the United States through a definite and outlined procedure. Critics have questioned the rationale of such a policy. Some have suggested that it is that portion of the Act that essentially sealed the deal. It, in essence, provides motivation for determined immigrants to leave the country. This goes against the spirit of the law. The mischief of the law was to address the immigration issue. In that vein, critics querying the wisdom of that provision ought to be excused. In addition, the law makers were lenient and appreciative of the supervening circumstances surrounding an immigrant’s actions. The amendment so states that the immigrants who necessarily need refugee status for purposes of security or otherwise shall not be returned to Cuba even if intercepted at sea. The spirit in that provision was for security and wellbeing of the citizenry. In fact, that part of the law is in consonance of the provisions of international laws on human rights .
The implementation of this provision has been met by a lot of impediments. For starters, it should be noted that United States promised to among other things issue twenty thousand visas annually to Cuban nationals through lotteries. The Cuban government was charged with the discharge of a number of duties. However, Cuba seemed to have reneged on its promises. It has failed in the discharging its responsibilities in relation to the provisions of the Act. The strained relationship between Cuba and America further complicates the situation. At one time, Cuban strong man, Fidel Castro, had declined to execute Cuba’s side of the bargain just so as to get at his United States counterparts .
The Cuban citizenry has taken advantage of the act to flee their country. In several incidences, people have braved the ninety mile journey so as to sail to the new lands. The knowledge that safe arrival, referred to as dry foot, would devolve to citizenship status motivates Cubans into sailing the long, dangerous distances. What intrigues, however, is not the fact that the citizenry do sail from Cuba. Rather, it is the mechanisms they employ while travelling. Cubans in their desperation use homemade boats to sail across from the island to mainland United States of America. These boats are unsafe and a risk to the lives of the travelers. Worsening the situation is the fact that the travelers at times are a whole family including children. Regrettably, Cubans have always held the notion that life in the United States of America is better and more progressive. This notion at times is not true. In fact, the risks that one subjects himself are higher if compared to the likely opportunities available to this class of immigrants. It should be noted that not all sailing attempts are usually successful. While others could be fatal, others sailors get intercepted and returned to Cuba. According to statistics, the United States returns thousands of refugees annually. The number of fatalities is yet to be comprehensively reported given that most of the sailors are often, not in contact with anyone. In addition, the United States spends colossally on refugee programs. It should not be lost on us that the regulatory and sea surveillance actually runs into millions of dollars annually. Other additional costs include refugee programs on the land, legal compliance costs for successful refugees, among other costs .
Other countries specifically Dominican Republic and Haiti have found issue with the specialized treatment of Cuban immigrants. The law essentially allows a Cuban immigrant citizenship status within one year upon arrival. Other refugees must and do have to follow more bureaucratic and tedious legal processes in their attempts to get citizenship status .
Successful immigrants usually would want to bring in their relatives they had left behind. The process cannot be seen as illegal as a matter of law. This is because the dry foot policy simply requires one to get to the shores without being intercepted at sea. These disconnected families usually abuse the law to unite in the United States of America. Interestingly, it is the methods employed in uniting the families that needs correction. Unscrupulous business men do own speed boats that ferry left families across the ninety mile stretch. Ordinarily, it is expected that the journey would be successful and without any incidents. However, this often would not be the case. In many instances, individuals have lost their lives by being thrown overboard by smugglers evading authorities.
In conclusion, one may question the justification of the revised laws. One could perhaps see the law as unfair and an error by Congress. In light of the high stakes, perhaps other solutions ought to be pursued. Further, the shaky relationship between Cuba and United States of America has lately improved. While immigrations continue to haunt America, it is expected that increased globalization and the advent of information technology, the pressure to sail across the ninety mile stretch would reduce. However, another adjustment of the act would be justified .
Works Cited
Moffet, Dan. U.S. Allows Cuban Migrants Different Treatment. 34 October 2007. 10 October 2012
Morley, Jefferson. "U.S.-Cuba Migration Policy." Washington Post (2007).
