A spokesperson for the U.S. State Department responded to a request from journalist Mario J. Pentón (Martí Noticias) regarding the case of Manuel Menéndez Castellanos, a former Castro-era official who recently arrived in Miami. "Visa records are confidential under U.S. law. We do not discuss individual visa cases. All travelers to the United States are subject to an appropriate interagency security review based on nationality and the purpose of their travel," was the brief response to the request for a reaction to the allegations of Menéndez Castellanos' ties with the Cuban government.
Pentón noted that the response indicates that no statements will be made to the press on the matter. He also highlighted the State Department's reference that the reunification visa was "subject to a review process" before being granted.
Congressional Inquiry on Visa Issuance
However, a more concrete response may come from a request by three congressmen and two Republican senators, four of them Cuban-Americans, who on Wednesday sent a joint letter to Secretary of State Antony Blinken and Secretary of Homeland Security Alejandro Mayorkas. The politicians asked for an evaluation of whether the law was followed in permitting the entry of the former Castro official, and if any legal provisions were violated, to take appropriate action.
The letter was signed by Republican Representatives María Elvira Salazar, Mario Díaz-Balart, and Carlos Giménez, as well as Senators Marco Rubio and Rick Scott. "Within all applicable rules and regulations, we request that you evaluate whether the law was followed in this case and, if not, what specific processes are in place to ensure a similar error does not recur," the letter stated, outlining which legal provisions might have been violated.
The INA 212(a)(3)(D)(i) stipulates that, “Any immigrant who is or has been a member of or affiliated with the Communist Party or any other totalitarian party (or subdivision or affiliate thereof), whether domestic or foreign, is inadmissible." The USCIS website elaborates on this provision in U.S. law, stating: “In general, any immigrant who is or has been a member of or affiliated with the Communist Party or any other totalitarian party (or subdivision or affiliate thereof), whether domestic or foreign, is inadmissible” (Chapter 3 - Membership in Totalitarian Parties | USCIS).
The letter added that "given this prohibition in U.S. law, it would seem likely that a high-ranking and long-time operative of the Cuban Communist Party and agent of that brutal dictatorship would be inadmissible to the United States." The congressmen expressed their outrage that an individual who played a role in oppressing the Cuban people for decades was allowed to enter the U.S. to enjoy retirement in freedom and comfort. "For these reasons, we request an evaluation of whether the law was followed in this case and, if not, what actions will be taken to ensure high-ranking operatives of the Cuban Communist Party, who should be inadmissible under the law, are not allowed entry," the letter concluded.
Since Manuel Menéndez Castellanos arrived at Miami International Airport on August 15, trying to remain unnoticed by wearing a cap, sanitary mask, glasses, and being transported in a wheelchair, there has been growing discontent among the Cuban community in South Florida. Influencers, journalists, and lawyers have persistently pointed out in recent days that thousands of island citizens in the U.S. are in immigration limbo, with many facing the threat of deportation.
The letter sent to Blinken and Mayorkas aligns with the wishes of attorney Wilfredo Allen, who indicated that a federal investigation requested by Cuban-American lawmakers from South Florida was the best way to determine why Menéndez Castellanos was admitted.
Key Questions on the Visa Inquiry for Former Castro Official
Given the controversy surrounding the entry of Manuel Menéndez Castellanos into the United States, several questions arise regarding the legal and procedural aspects of his visa issuance. Here are some key inquiries and answers that may provide clarity.
What is the U.S. State Department's stance on disclosing individual visa records?
The U.S. State Department considers visa records to be confidential under U.S. law and does not discuss individual visa cases.
What legal provision might have been violated with the issuance of Menéndez Castellanos' visa?
The legal provision potentially violated is INA 212(a)(3)(D)(i), which states that any immigrant who is or has been a member of the Communist Party or any other totalitarian party is inadmissible to the United States.
Who are the key political figures requesting an investigation into this matter?
The key political figures are Republican Representatives María Elvira Salazar, Mario Díaz-Balart, Carlos Giménez, and Senators Marco Rubio and Rick Scott.
What has been the community reaction to Menéndez Castellanos' entry into the U.S.?
The Cuban community in South Florida has expressed growing discontent, noting that many Cuban citizens in the U.S. are in immigration limbo and facing potential deportation.