Cuba's New Migration Law Allows Overseas Residents to Retain Property

The new Migration Law approved by the National Assembly of People's Power (ANPP) of the Cuban regime allows residents abroad to maintain properties on the island, according to Colonel Mario Méndez Mayedo, head of the Directorate of Identification, Immigration, and Foreigners of the Ministry of the Interior (MININT).

In his presentation to the deputies, Méndez Mayedo emphasized that the new legal text stipulates that Cuban citizens residing abroad, in accordance with Article 58 of the Constitution, have the right to use, enjoy, and freely dispose of their properties, in accordance with the law.

Key Provisions and Context

In a socio-economic context marked by a severe crisis and the mass exodus of more than two million Cubans who, according to official figures, have traveled abroad since 2013, the ANPP deputies unanimously approved the new Migration Law to update migration legislation to align it with Cuba's current conditions.

Before the vote, according to a report by NTV, Deputy Yenisey González Rodríguez insisted, "We must continue to explain that this bill does not limit the exercise of property rights. In plain Cuban: You do not lose the properties you have in our country, which is one of the main concerns of our population."

Generally, the new legislation establishes that Cuban citizens have the rights set forth in the current Constitution to enter, remain, transit, and leave the national territory, in accordance with the approved law, the Foreigners Law, and their respective regulations.

According to the Migration Law, the 24-month stay limit abroad and the designation of migrants for this reason are also eliminated. Additionally, Cubans who stay outside Cuba for more than 24 months can inherit and maintain properties as long as they comply with established administrative norms and procedures.

In this regard, the regulations developing the legal precepts included in the new legislation will be crucial to verify the extent of the shift implemented by the Cuban authorities, who have historically deprived Cubans of their rights and properties once considered emigrants.

One of the novel aspects of the text is the definition of "Effective Migratory Residence," which can be requested by emigrants who demonstrate "their attachment to the country through a combination of a period of stay in the national territory with other evidence or acts that demonstrate their interest in residing in it."

Another significant reform is the elimination of the 24-month limit for staying abroad without losing residence in Cuba, a measure in moratorium since the COVID-19 pandemic. This facilitates the return to the country for those residing abroad without temporary restrictions.

The Cuban government claims that its intention with this law is to strengthen ties with its citizens residing abroad and adopt better international practices in migrant care.

However, the new regulation includes categories such as "person of public interest" and "reasons of defense and national security," which the State uses to prevent opponents, independent journalists, activists, and professionals like doctors from leaving or entering the country, labeling them as "regulated."

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