New Migration Bill Outlines Cuba's Entry and Exit Restrictions

The Cuban government has outlined new protocols for entering and exiting the country through the publication of a draft Migration Law by the National Assembly of People's Power on Monday. The document, introduced by the legislative body, does not significantly alter current practices but clarifies the criteria authorities use to permit entry and exit through available international ports and airports.

As is currently required, travelers must possess a valid passport or equivalent document issued in their name, along with an ID card or a minor's card for temporary, permanent, real estate, humanitarian, or provisional residents. Non-resident foreigners must obtain an entry visa unless they are from a country with a visa exemption agreement with the Cuban Ministry of Foreign Affairs.

Entry and Exit Regulations

According to the new draft, entry to the national territory may be denied to individuals with backgrounds linked to terrorism, human trafficking, illegal migrant smuggling, drug trafficking, money laundering, illegal possession of weapons, or other internationally condemned acts. Entry will also be denied to those involved in actions harmful to humanity, dignity, or public health.

Additionally, the law specifies that individuals who organize, encourage, or participate in actions hostile to the Cuban state's political, economic, and social foundations may be deemed inadmissible. This clause is notably open to interpretation by immigration and State Security officials. Entry can also be prohibited for reasons of National Security and Defense, or if the individual is declared undesirable or has been expelled. However, exceptions may be made for humanitarian reasons, public interest, or if recommended by state institutions.

One of the most contentious points concerns the exit regulations, often criticized for the discretionary power given to authorities. The document states that individuals within the national territory cannot leave the country under the following conditions:

• Being subject to criminal or other legal proceedings with a territorial ban imposed as a precautionary measure.
• Pending completion of a criminal sentence with an exit prohibition as an additional penalty.
• Being subject to Mandatory Military Service requirements.
• For reasons advised by National Security and Defense.
• Having obligations to the Cuban state or civil responsibilities imposed by the authorities.
• Lacking the required authorization to preserve the qualified workforce for economic, social, and scientific-technical development.
• Lacking authorization to protect official information security.
• Being a minor without parental authorization.
• Authorities determining other public interest reasons.
• Violating the Migration Law, Foreigners Law, and their respective regulations.

Individuals with any of these issues will be notified at the port of entry or through other appropriate means. The document also suggests eliminating the 24-month stay limit abroad and redefining the term "migrant" accordingly.

The government claims the purpose of releasing these draft laws is to "promote citizen participation and contribute to the legal culture" of Cubans. According to the state-run Prensa Latina, "these legislative proposals will be analyzed and discussed by deputies for eventual presentation to the Cuban Parliament."