Cuban Parliament Approves New Migration Law

The Cuban Parliament has approved a new Migration Law amidst a backdrop where over two million Cubans have traveled abroad since 2013. The bill was presented by Colonel Mario Méndez Mayedo, head of the Ministry of Interior's Directorate of Identification, Immigration, and Foreign Affairs (MININT), who stated that the law updates migration legislation to align with Cuba's current conditions and constitutional principles.

Key Reforms in the New Migration Law

One of the most significant reforms is the removal of the 24-month limit on stays abroad without losing residency in Cuba, a measure that had been on hold since the COVID-19 pandemic. This change makes it easier for those living abroad to return to the country without temporal restrictions.

According to Méndez, the main foreign citizenships held by Cubans are American and Spanish, with the largest communities residing in the United States, Spain, and Mexico. Another important aspect is the development of the concept of "effective migratory residence." This refers to the status of Cuban nationals and foreign residents who spend the majority of their time in Cuba during the year preceding their application.

"An interested person who does not meet the required period can request effective migratory residence if they can prove their attachment to the country through a combination of time spent in Cuban territory and other evidence or actions demonstrating their intent to reside there," said Méndez. The Cuban government claims that the law aims to strengthen ties with Cuban citizens living abroad and adopt better international practices in migrant care.

The new law applies to both Cuban citizens and foreigners in national territory, as well as various state entities and economic actors. The principles governing this regulation include integration, equality, equity, non-discrimination, public order, national defense and security, and international cooperation. The policy's objectives, according to the regime, are to ensure compliance with current legislation, promote the return of Cubans who can do so, encourage the participation of residents abroad in the Cuban economic model, and maintain international standards in migration management.

The Ministry of Interior, through the Directorate of Identification, Migration, Foreign Affairs, and Citizenship, will be responsible for executing and controlling the migration policy. The Ministry of Foreign Affairs will provide consular assistance to Cuban citizens abroad.

The law defines migratory categories for Cuban and foreign citizens, establishes the rights of Cubans regarding migration, and regulates effective migratory residence. The regulation also aims to prevent irregular migration and protect migrants and victims of trafficking and illicit human trafficking.

The new Cuban Migration Law seeks to modernize and adapt migration regulations to current conditions, strengthen ties with the Cuban diaspora, and ensure orderly and safe migration in line with international standards. However, it remains to be seen whether all these goals and promises will be fulfilled in a country that frequently violates its citizens' rights.