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The wet feet, dry feet policy or wet foot, dry foot policy was the name given to a former interpretation of the 1995 revision of the application of the
Cuban Adjustment Act The Cuban Adjustment Act (in Spanish, Ley de Ajuste Cubano), Public Law 89-732, is a United States federal law enacted on November 2, 1966. Passed by the 89th United States Congress and signed into law by President Lyndon Johnson, the law applies ...
of 1966 that essentially says that anyone who emigrated from
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
and entered the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
would be allowed to pursue residency a year later. Prior to 1995, the U.S. government allowed all Cubans who reached U.S. territorial waters to remain in the U.S. After talks with the Cuban government, the Clinton administration came to an agreement with Cuba that it would stop admitting people intercepted in U.S. waters. For two decades thereafter, any Cuban caught on the waters between the two nations (with "wet feet") would summarily be returned to Cuba or sent to a third country, while one who made it to shore ("dry feet") got a chance to remain in the United States, and later would qualify for expedited "legal
permanent resident Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with suc ...
" status in accordance with the 1966 Act and eventually U.S. citizenship. On January 12, 2017,
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
announced the immediate end of the policy.


Background

Between 1960 and 1980, hundreds of thousands of Cubans entered the United States under the Attorney General's parole authority, many of them arriving by boat. In 1980, a mass migration of asylum seekers—known as the
Mariel boatlift The Mariel boatlift () was a mass emigration of Cubans who traveled from Cuba's Mariel Harbor to the United States between 15 April and 31 October 1980. The term "" (plural "Marielitos") is used to refer to these refugees in both Spanish and E ...
—brought approximately 125,000 Cubans (and 25,000 Haitians) to South Florida over a six-month period. After declining for several years, Cuban "
boat people Vietnamese boat people ( vi, Thuyền nhân Việt Nam), also known simply as boat people, refers to the refugees who fled Vietnam by boat and ship following the end of the Vietnam War in 1975. This migration and humanitarian crisis was at its h ...
" steadily rose from a few hundred in 1989 to a few thousand in 1993. After Cuban President Fidel Castro made threatening speeches in 1994, riots ensued in Havana, and the Cuban exodus by boat escalated. The number of Cubans intercepted by the
U.S. Coast Guard The United States Coast Guard (USCG) is the maritime security, search and rescue, and law enforcement service branch of the United States Armed Forces and one of the country's eight uniformed services. The service is a maritime, military, mul ...
or the U.S. Border Patrol reached a post-Mariel high of 37,191 in 1994. Until 1995, the United States generally had not repatriated Cubans (except certain criminal aliens on a negotiated list) under a policy established when the government became Communist within two years of the 1959
Cuban Revolution The Cuban Revolution ( es, Revolución Cubana) was carried out after the 1952 Cuban coup d'état which placed Fulgencio Batista as head of state and the failed mass strike in opposition that followed. After failing to contest Batista in co ...
. Not only has the United States been reluctant to repatriate people to Cuba, but also the Cuban government typically has also refused to accept Cuban migrants who are excludable under the Immigration and Nationality Act (INA) (Cubans who have been convicted of crimes in the United States pose complex problems, as Cuba is among a handful of nations that does not generally accept the return of criminal aliens.) "Normalizing" migration between the two nations was the stated purpose of the migration agreement enacted by the Clinton administration on September 9, 1994, when the U.S. policy toward Cuban migrants was altered significantly. The plan's objectives of safe, legal, and orderly immigration relied on six points. *The United States agreed no longer to permit Cubans intercepted at sea to come to the United States; rather, Cubans would be placed in a safe haven camp in a third location. Justifying this policy as a "safety of life at sea" issue, Cuba also agreed to use "persuasive methods" to discourage people from setting sail. *The United States and Cuba reaffirmed their support for the
United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
resolution on alien smuggling. They pledged to cooperate in the prevention of the illegal transport of migrants and the use of violence or "forcible divergence" to reach the United States. *The United States agreed to admit no fewer than 20,000 immigrants from Cuba annually, not including the immediate relatives of U.S. citizens. *The United States and Cuba agreed to cooperate on the voluntary return of Cubans who arrived in the United States or were intercepted at sea. *The United States and Cuba did not reach an agreement on how to handle Cubans who are excluded by the INA, but agreed to continue discussing the matter. (Grounds for removal include health-related grounds; criminal grounds; national security grounds; Nazi prosecution grounds; public charge grounds;
illegal entry Illegal entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law. Human smuggling is the practice of aiding people in crossing international borders for financial gain, often i ...
and immigration law violations; and lack of proper immigration documents.) *The United States and Cuba agreed to review the implementation of this agreement and engage in further discussions. It became apparent that the 20,000 minimum level per year could not be met through the INA preference system or the refugee provisions because of the eligibility criteria. In addition to Cubans who may qualify to immigrate through the INA preference system and who may qualify as refugees, the United States decided to use other authority in the law (i.e., parole), to allow Cubans to come to the United States and become legal permanent residents through the Cuban Adjustment Act. Specifically, a " visa lottery" program was established to randomly select who, among the many Cubans seeking to migrate, receives a visa. As part of the effort to enact this agreement, Operations Safe Haven and Safe Passage were executed to alleviate overcrowding at Guantanamo Bay by using temporary camps in
Panama Panama ( , ; es, link=no, Panamá ), officially the Republic of Panama ( es, República de Panamá), is a transcontinental country spanning the southern part of North America and the northern part of South America. It is bordered by Co ...
.


Cuban Migration Agreement, March 1996

On May 2, 1995, the Clinton administration announced a further agreement with Cuba that resolved the dilemma of the approximately 33,000 Cubans then encamped at Guantanamo. This new agreement, which came at the time of year when boat people traditionally begin their journeys, had two new points. Foremost, the United States allowed most of the Cubans detained at Guantanamo to come to the United States through the humanitarian parole provisions of the INA (Guantanamo). Cuba agreed to credit some of these admissions toward the minimum 20,000 LPRs per year from Cuba, with 5,000 charged annually over three years. Secondly, rather than placing Cubans intercepted at sea in safe haven camps, the United States began repatriating them to Cuba. Both parties promised to act in a matter consistent with international obligations and to ensure that no action is taken against those repatriated. U.S. officials would inform repatriated Cubans about procedures to legally immigrate at the U.S. Interests Section in Havana. Those charged with alien smuggling, however, do face prison terms in Cuba. Interdicted Cubans are given an opportunity to express a fear of persecution if returned to Cuba. Those who meet the definition of a refugee or asylee are resettled in a third country. From May 1995 through July 2003, about 170 Cuban refugees were resettled in 11 countries, including Spain, Venezuela, Australia, and Nicaragua. The State Department is required to monitor whether those migrants who are returned to Cuba are subject to reprisals.


Special Cuban Migration Lottery

Since the 1994 migration agreement, the United States has conducted three visa lottery open seasons to implement the Special Cuban Migration Program. The three open seasons were at two-year intervals: Fiscal Year (FY) 1994, FY1996, and FY1998. The number of qualifying registrants has increased each year, from 189,000 in 1994, to 433,000 in 1996 and to 541,000 in 1998. Cubans qualifying through the 1998 lottery are still being paroled into the United States. Once selected through the lottery, the successful applicants are given parole status with a visa that is good for six months. The medical examination, required of all potential immigrants, is good for one year. Spouses and minor children may accompany the successful registrants. Over the years, there have been reports of barriers the potential Cuban parolees face, such as exorbitantly-priced medical exams, exit visas fees, and repercussions for family members who are sequestered.


Recurring issues and criticism

A well-publicized incident in June 1999 provoked outrage when the U.S. Coast Guard used pepper spray and a water cannon to prevent six Cubans from reaching Surfside Beach in Florida. A few weeks later, a Cuban woman drowned when a boat capsized during interdiction. Notably in late November 1999, the U.S. Coast Guard opted to bring six-year-old
Elián González Elián González Brotons (born December 6, 1993) is a Cuban technician who, as a child, became embroiled in a heated international custody and immigration controversy in 2000 involving the governments of Cuba and the United States, his father Ju ...
and two other survivors of an ill-fated journey to the United States rather than taking them to Cuba as the migration agreement provides. In July 2003, a dozen people reportedly stole a Cuban-flagged boat from the marina where it was docked in Cuba and kidnapped the three watchmen guarding the marina in the process. When the boat was in international waters allegedly en route to Florida, Coast Guard officials tried to intercept it and reportedly faced violent resistance from the Cubans when they interdicted the vessel. All 15 persons on board were taken to the U.S. Coast Guard cutter and interviewed by a USCIS asylum officer. The three watchmen indicated a desire to return to Cuba. When the Cuban government offered to sentence the 12 persons implicated in crimes (purportedly boat theft, kidnapping, and assaulting federal officers) to 10 years in prison, the United States agreed to return them. On January 7, 2006, the Coast Guard found 15 Cubans who had climbed onto a piling on the old
Seven Mile Bridge The Seven Mile Bridge is a bridge in the Florida Keys, in Monroe County, Florida, United States. It connects Knight's Key (part of the city of Marathon, Florida) in the Middle Keys to Little Duck Key in the Lower Keys. Among the longest brid ...
in the Florida Keys. The old bridge had been cut off from land because it was no longer in use and the United States Coast Guard argued that since the refugees could not walk to land, their feet were still "wet". The Coast Guard's legal office, in conjunction with
Immigration and Customs Enforcement The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration th ...
, decided to repatriate the Cubans. The Coast Guard stated that the Cubans "were determined to be wet-feet and processed in accordance with standard procedure." In retaliation to the Cubans being returned, Ramón Saúl Sánchez led a
hunger strike A hunger strike is a method of non-violent resistance in which participants fast as an act of political protest, or to provoke a feeling of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most ...
against the policy, and on January 18, the White House agreed to meet with Sánchez at some point in the near future. After eleven days, the hunger strike was ended, and Sánchez has yet to meet with White House officials. On February 28, 2007, a federal judge ruled that the United States government had acted unreasonably when it sent home the 15 Cubans. The judge ordered the government to make its best effort to help the immigrants return to the United States. Fourteen of the 15 Cubans re-landed on December 15, 2006, and were given migrant visas.


Changes in immigration patterns

Since the late-1980s immigration patterns changed. Many Cuban immigrants departed from the southern and western coasts of Cuba and arrived at the
Yucatán Peninsula The Yucatán Peninsula (, also , ; es, Península de Yucatán ) is a large peninsula in southeastern Mexico and adjacent portions of Belize and Guatemala. The peninsula extends towards the northeast, separating the Gulf of Mexico to the north ...
in
Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
; many landed on
Isla Mujeres Isla Mujeres (, Spanish for "Women Island" (formally “Isla de Mujeres”) is an island where the Gulf of Mexico and the Caribbean Sea meet, about off the Yucatán Peninsula coast in the State of Quintana Roo, Mexico. It is approximately long ...
. From there Cuban immigrants traveled to the Texas–Mexico border and found asylum. Many of the Cubans who did not have family in
Miami Miami ( ), officially the City of Miami, known as "the 305", "The Magic City", and "Gateway to the Americas", is a coastal metropolis and the county seat of Miami-Dade County in South Florida, United States. With a population of 442,241 at ...
settled in
Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 i ...
. The term "dusty foot" refers to Cubans immigrating to the U.S. through Mexico. Other migrants arrive in the U.S. crossing the Mona Channel that separates the
Dominican Republic The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares with ...
from
Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...
, the latter being a U.S. Commonwealth. Using smugglers based in the Dominican Republic, migrants make the hazardous journey using rickety fishing boats commonly called "yolas" and set foot on
Isla de Mona Mona ( es, Isla de Mona) is the third-largest island of the Puerto Rican archipelago, after the main island of Puerto Rico and Vieques. It is the largest of three islands in the Mona Passage, a strait between the Dominican Republic and Puerto R ...
, a small uninhabited island that is part of Puerto Rico. Once on the island, U.S. Coast Guard patrol boats pick up the migrants and transfer them to
Aguadilla Aguadilla (, ), founded in 1775 by Luis de Córdova, is a city and municipality located in the northwestern tip of Puerto Rico, bordered by the Atlantic Ocean to the north and west, north of Aguada, and Moca and west of Isabela. Aguadilla i ...
where they are processed by U.S. immigration. 35,000 Cubans ended up escaping Cuba.


End of policy

Beginning with the United States–Cuban Thaw in 2014, anticipation of the end of the wet feet, dry feet policy led to increased numbers of Cuban immigrants. On January 12, 2017,
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
announced the immediate cessation of the wet feet, dry feet policy. Since then, Cuban nationals who enter the United States illegally, regardless of whether they are intercepted on land or at sea, have been subject to removal. At the same time the Cuban government agreed to accept the return of Cuban nationals.


See also

* Cuba–United States relations * Touch Base Policy (
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta i ...
)


References

* Ruth Ellen Wasem "Cuban Migration Policy and Issues"
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a ...
, Updated January 19, 2006 {{DEFAULTSORT:Wet Feet, Dry Feet Policy 1995 in American politics 2017 in American politics 2017 disestablishments in the United States Cuba–United States relations Immigration to the United States Right of asylum in the United States Cuban refugees