The Directorate of Immigration and Foreigners of the Ministry of the Interior (Minint) in Cuba has assured that Cubans will not lose their citizenship and that the government is not taking any legal actions regarding this matter.
This statement comes after the government unveiled the draft Migration Law this week, sparking heated debates on social media about the possibility of renouncing Cuban citizenship. Lieutenant Colonel Roilán Hernández, Head of the Legal Advisory Department at Minint, emphasized on National Television on Thursday that renouncing Cuban citizenship is not a priority, and there are no plans to amend the law in this regard.
Constitutional Provisions and Nationality
"This is related to Article 36 of the Constitution of the Republic, which outlines the principle of effective citizenship. The principle stipulates that Cubans do not lose their Cuban citizenship by acquiring another one. No measures will be taken in the country regarding this matter," said the Lieutenant Colonel.
He further explained that this provision in the 2019 Constitution mandates Cubans to act as nationals while in Cuba. In other words, individuals born on the island must use their Cuban passport when visiting their homeland, regardless of any other citizenship they may hold.
"Under this norm, it should be understood that a Cuban, upon arriving in Cuba, must identify themselves with their national passport, their Cuban passport, not with one of another nationality," the official indicated.
Legislative Gaps and Ongoing Revisions
The draft Migration Law mentions the possibility of renouncing Cuban citizenship, but this right will not be available until a Citizenship Law is enacted to regulate the process. Since 1976, the Constitution has included the right to renounce citizenship, but no legal framework has ever been implemented to allow Cubans to exercise this right.
Although the new Migration Law draft mentions this possibility, there is no comprehensive legal framework to carry it out. Both the Migration Law and the Foreigners Law drafts are currently undergoing public review. The Citizenship Law draft was expected to be available by now, but the government claims it is still making some adjustments.
These legislative proposals come amid the most significant migration crisis Cuba has ever faced, adding further complexity and confusion to Cuban legislation.
FAQs on Cuban Citizenship and the New Migration Law
Here are some frequently asked questions and their answers regarding Cuban citizenship and the newly proposed Migration Law.
Will Cubans lose their citizenship if they acquire another nationality?
No, according to Article 36 of the Constitution, Cubans do not lose their Cuban citizenship by acquiring another nationality.
Is there a legal way to renounce Cuban citizenship?
Currently, there is no legal framework that allows Cubans to renounce their citizenship, although the draft Migration Law mentions this possibility.
What is required for a Cuban to visit Cuba?
Cubans must identify themselves with their Cuban passport when visiting Cuba, even if they hold another nationality.