The Miami Herald
April 24, 1999
 
 
Order expands rights to new Cuban immigrants

By FERNANDO ALMANZAR
El Nuevo Herald

The Cuban Adjustment Act, which since 1966 has allowed tens of thousands
of refugees to settle in the United States, now could benefit thousands more
recent immigrants and those yet to land on American shores, according to an
order released Friday by the U.S. Immigration and Naturalization Service.

Under the order, Cuban newcomers will be classified by the INS as
``parolees,'' which means they will be able to work while waiting to receive
their permanent-residence card, 12 months and one day after arriving in the
United States.

In the past, when Cubans arrived by sea, they were interviewed by the Border
Patrol and released on parole a few days later. They had no right to a work
permit or to legalize their immigration status.

``Cubans who arrived by sea were subject to deportation from the moment
they were released by the Border Patrol. They were in an immigration limbo,''
said immigration lawyer Alex Solomiany, who represented in court four
Cubans who arrived on a raft last year. On Friday, Solomiany secured for
them the status of parolees.

In the past, only an immigration judge could grant permanent residence, and
only if the refugees asked for political asylum.

``Thanks to [the new] order, people who are in-processed by the Border
Patrol now can legalize their immigration status through the Cuban Adjustment
Act,'' said Maria Elena Garcia, INS spokeswoman in Miami.

The order was written Monday by INS Commissioner Doris Meissner, with
instructions that it become ``effective immediately.''

At present, it's not clear how many Cubans will benefit from the new order,
Garcia said. But the number ``could rise to the thousands,'' according to
immigration lawyer Irving Gonzalez.

``On our streets, there are thousands of Cubans who arrived by sea and have
not yet been able to legalize their status,'' he said. ``I work daily with many
cases of this type.''

According to Border Patrol statistics, 848 Cubans arrived illegally in Florida
between October 1998 and March 1999. During fiscal year 1997-98, the
number of Cubans was 615.

Lawyer Becky Sharpless of the Florida Immigrant Advocacy Center, a
nonprofit group that provides legal counsel to immigrants, said the INS ``must
be very clear'' as to who will be protected by the order.

``So far, we don't know if Cubans who arrive by air without any
documentation will be protected by this order,'' she said. ``We would advise
that, before reporting to the INS, Cubans seek legal counsel.''
 

                     Copyright 1999 Miami Herald