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201715231
United States Department of State
Decontrolled
Washington, D. C. 20520

SENSITIVE BUT UNCLASSIFIED October 12, 2017

ACTION MEMO FOR THE SECRETARY

FROM: H - Charles S. Faulkner

WHA - Francisco L. Palmieri, Acting

SUBJECT: (U) Transmittal to Congress of the October 2017 Report on Cuban Compliance
with the Migration Accords

Recommendation
(SBlJ) That you approve the semi•annual report on Cuban Compliance with the Migration
Accords for transmittal to Congress. (Approve/Disapprove by I 0/18/1 7)

Background
(SBU) You are required by law to submit a report to Congress every six months concerning
Cuba's emigration policies and compliance with the Migration Accords. The Migration Accords
consist of three binding documents: the 1994 Joint Communique, the 1995 Joint Statement, and
the 2017 Joint Statement. The Migration Accords detail the two countries' common interest in
preventing irregular migration, and outline the commitments to safe, legal and orderly migration.
This is a routine submission and is due to Congress no later than October 20.

(U) We believe Congress' intent in I 998 was to require the Department to monitor Cuban
compliance with the Migration Accords, specifically the 1994 Joint Communique and the
1995 Joint Statement. The report functions as the authoritative source for U.S.-Cuban migration
statistics, which informs interagency decision·makers. The attached report notes the significant
drop in Cuban migration to the United States since the signing of the 2017 Joint Statement,
which ended the ''wet foot, dry foot" policy. Most notably, the U.S. Coast Guard reported a
71 percent drop in the estimated maritime migrant flow. The report notes modest success in our
efforts to repatriate Cubans with final orders of removal, an Administration priority.

(U) The report does not normally attract attention; there is, however, renewed public interest in
migration from Cuba given the recent reduction in consular staffing at our embassy ·in Havana.
The report could be of interest to members of congress who follow Cuba policy, specifically
Senator Marco Rubio (R·FL), Senator Robert \-ienendez (D-NJ), Senator Ted Cruz (R-TX),
Representative Ileana Ros·Lehtinen (R-FL), Representative Albia Sires (D-NJ), Representative
Mario Diaz-Balart (R·FL), Representative AJcx Mooney (R-WV), and Representative Carlos
Curbelo (R-FL).

(U) There arc no direct funding impacts from the report.

Attachments:
Tab 1 - Report

Sl::.:"lSI11VE RUT ~CLASSIFIED

FL-2021-00004 A-00000318422 "UNCLASSIFIED"

Tab 2 - Outgoing Correspondence

Tab 3 - Section 2245 of the Foreign Relations Authorization Act
Tab 4 - Migration Accords
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SENSITIVE BCT {,~CLASSIFIED

Approved: H- Charles S. Faulkner (CSP)

WEA-Francisco L Palmieri, Acting (FLP)

Drafted: WHA/CCAJ....._ _ _ _(b_)(6_

) _ _ ____.

Cleared:
WHA/FO: KMerten, Acting (ok)
WHA/FO: JCreamer (ok)
(b)(5); (b)(6)

SENSITIVE BUT UNCLASSIFIED

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CUBAN COMPLIANCE WITH mE MIGRATION ACCORDS

(March 2017 to September 2017)

This is the semi-annual report on Cuban migration policies required by section 2245 of the
Foreign Relations Authorization Act, FY 1998 and 1999 (Div. G, Subdiv_ B, P.L. 105-277). As
outlined in the Joint Communique signed by the United States and Cuba on September 9, 1994,
the Joint Statement of May 2, 1995, and the Joint Statement of January 12, 2017 (collectively
known as the "Migration Accords"), the U -S. government is committed to the safe, legal, and
orderly migration of Cuban citizens to the United States_ The 1994 Joint Communique states,
"the United States ensures that total legal migration to the United States from Cuba will be a
minimum of20,000 Cubans each year, not including immediate relatives of United States
citizens_" This commitment was reaffirmed in the Joint Statement of January 12, 20 I 7. As of
August 31, 2017, in FY 2017 the United States has issued 19,192 travel documents in the
categories specified under the Migration Accords.

L MIGRATION METHODS

A) Third-Country & Land Migration

\

From October 1, 2016 to August 28, 2017, the U.S. Customs and Border Protection (CBP) Office
ofField Operations had 15,108 enforcement encounters with Cuban nationals who entered the
United States via ports of entry (POEs) along the southwest border. Please see Table I below for
additional details and a comparison with FY 2016 figures, including data for enforcement
encounters before and after the signing of the Joint Statement of 2017.

Table l: Enforcement Encounters of Cuban Aliens by U.S. Customs and Border Protection

FY 17
Location of Enforcement FY 17 FY 16 Percent FY 17 prior
starting
Encounter Total Total Change to 1/12/17
1/12/17
SW Land Border POEs 15,108 43,172 -65% 13.302 1,806
Northern Land Border POEs 416 1,381 . -70% 344 72
SW Land Border Between
141 78 81% 32 109
POEs
Northern Land Border 14% 5
8 7 3
Between POEs
AirPOEs 4,345 11,728 -63% 3,763 582
SeaPOEs 41 59 -31% 10 31
Miami Sector Between 42
361 1,488 -76% 319
POEs
Puerto Rico Between POEs 184 356 -48% 183 1
Total CBP Enforcement 2,648
20,604 58,269 -65% 17,956
Encounters . -
FY 2017 data is updated as of August 28, 2017_
Source: U.S_ Customs and Border Protection (CBP)_

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B) The Cuban Family Reunification Program

From October 1, 2016, to August 25, 2017, 13,796 Cuban Family Reunification Parole (CFRP)
documents were issued to Cuban nationals.

Consistent with general requirements for parole requests filed on behalf of individuals outside
the United States, U.S. Citizenship and Immigration Services (USCIS) requires new CFRP
program petitioners to file Form I-131and pay the associated fee or file a fee waiver request for
each beneficiary in Cuba_ As of August 31, USCIS approved and forwarded 19,033 applications
to the National Visa Center. The U.S- embassy anticipates completing consular processing for
all cases "grandfathered" into the pre-February 17, 2015, guidelines in FY 2017, and will
transition to the cases filed under current CFRP program fee guidelines in early FY 2018. The
CFRP Program is under OHS review.

C) Safety of Life at Sea

The U.S. Coast Guard (USCG) continues to repatriate Cuban migrants interdicted at sea per the
Joint Statement of 1995. USCIS continues to provide a credible fear screening to all
USCG-interdicted Cuban migrants who are subject to direct repatriation to Cuba_

Maritime migration attempts by Cuban nationals have significantly decreased since the end of
the so-called ''wet foot, dry foot'' policy on January 12. The primary methods of maritime
migration continue to be rustic vessels. As of September 5, 2017, USCG's estimated FY 2017
Cuban maritime flow is 2, I 09 migrants. Please see Table 2 below for additional details and a
comparison with FY 2016 figures, including data before and after the signing of the joint
statement of 2017.

Table 2: Cuban Nationals Encountered by U.S. Coast Guard

Location of Enforcement FY 17 FY 16 Percent FY 17 FYI7

Encounter Total Total Change prior to starting
1/12/17 1/12/17
Estimated Migrant Flow 2,109 7,361 -7(% 1.592 517
Cuban Migrants Interdicted 1,465 5,230 -72% 1,105 360
At Sea
FY 2017 data is updated as of September 5, 2017.
Source: U.S. Coast Guard (USCG).

USCG and the Cuban Border Guard (TGF) routinely cooperate in all aspects of Cuban maritime
migration. Their interactions are integral to ensuring the Migration Accords' goals of safe, legal,
and orderly migration. "Active target hand-off' operations, in which the TGF pursues a vessel
until it leaves Cuba's territorial waters and then allows USCG to interdict the vessel, are
common. In July 2017, USCG District 7 participated in a professional exchange with the TGF,
covering a wide variety of topics including strengthening existing search and rescue, law
enforcement and migration procedures, advancing tactical cooperation, and preparation for a
mass rescue operation contingency planning meeting_

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D) Alien Smuggling

Cuba's efforts to prevent alien smuggling include land patrols of its coastal zones and substantial
criminal penalties for offenders. The TGF conducted 37 "active target hand-offs" from
October 1, 2016, to September 6, 2017.

II. CUBA'S OBLIGATIO:'iS

A) Government of Cuba Exit Permission Policy

Cuban citizens do not require an exit permit to leave the country. Medical personnel have
reported challenges receiving permission to take leave for travel.

B) Government of Cuba Migration-Related Fees

Cuban government-imposed medical fees continue to be a strong deterrent to travel. The

medical examinations are required by U.S. regulations for immigrant visas, certain parole, or
refugee cases, and cost $400 ($200 for children under 12; free for children under two years of
age), with bank transaction fees of about $5. Cuban passports cost $100 and are considered
expensive by local standards, as the average monthly income is approximately $25.

C) In-Country Refugee Program

From October I, 2016 to September 1, 2017, 177 Cubans were admitted to the United States as
refugees. In addition, seven Cubans were conditionally approved by USCIS for refugee status
but have not yet departed Cuba.

As of September 1, the U.S. embassy had 34 principal refugee applicants awaiting prescreen
interviews to determine ifth;y are eligible to access the program. The U.S. embassy continues
to accept and process self-referrals.

D) Removable Aliens

Under the 2017 Joint Statement, Cuba must receive back all Cuban nationals who irregularly
enter or remain in the United States in violation of U.S. law after it was signed. Specifically, in
the 2017 Joint Statement, Cuba committed to receive back all Cuban nationals who have tried to
irregularly enter or remain in the C'nited States after the signing of the Joint Statement on
January 12, 2017. The non-binding Implementation Guidelines of the Joint Statement note that
all Cuban nationals who have left Cuba on or after.the January 12 issuance of the Joint Statement
and are found to have tried to enter or remain in the United States in violation of U.S. law will be
returned to Cuba. The Government of Cuba has relied on the Implementation Guidelines
language to avoid accepting Cuban nationals who left Cuba prior to January 12 but tried to
irregularly enter or remain in the United States after that date. As of August 24,
U.S. Immigration and Customs Enforcement (ICE) has proposed the repatriation of 199 such
Cuban migrants, of which Cuba has approved 55 and denied 137 based on its interpretation of

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the Joint Statement and the Implementation Guidelines. The Department of State and ICE are
attempting to resolve this difference in interpretation of the Joint Statement and Implementing
Guidelines with the Government of Cuba. In the interim, ICE is coordinating the removal of
approved cases.

The 2017 Joint Statement requires Cuba to consider and decide on a case-by-case basis the return
of removable Cuban nationals who entered or remained in the United States prior to the signing
of the Joint Statement. From April 10 to August 18, the Department of State, on behalf ofICE,
sent a total of 800 cases the Cuban government agreed to consider. It is a priority for the U.S.
government to find a solution consistent with U.S. immigration enforcement priorities, including
removal of the existing backlog of36,000 Cuban nationals with final orders of removal.

The United States continues to repatriate individuals named on a list of2,746 Cuban nationals
who departed Cuba from the Port of Marie! in 1980 and were identified as excludable aliens
(Cuban Repatriation List of 1984). As of August 30, 2017, three Cuban nationals from the list
were repatriated. Since 1984, ICE has removed a total of 2,030 nationals from the list, and 256
individuals on the list are deceased. Per the 2017 Joint Statement, Cuba agreed that individuals
on this list who have not been repatriated may be replaced by other removable Cuban nationals
who departed Cuba for the United States in 1980 via Mariel. As of August 30, ICE has removed
20 Cuban nationals and Cuba has denied 14 under this category of the 2017 Joint Statement.

E) Monitoring and Government of Cuba Treatment of Returned Migrants

Consistent with the Migration Accords, the U.S. embassy continues to seek access to interdicted
migrants repatriated to Cuba to verify the Government of Cuba has not taken action against
them. As of August 31, the embassy had conducted four such monitoring trips within Havana
and met or spoke with 81 returned migrants. Due to staffing limitations, the embassy has not had
the opportunity to conduct more frequent visits. The embassy maintains open hours for
repatriated migrants to visit the Refugee Section to report any mistreatment. For returned
migrants who Jive outside Havana, the embassy conducts monitoring by telephone. As of
September 1, the embassy attempted to contact 390 migrants outside of Havana, speaking with
approximately 80 returned migrants. For all returned migrants, the United States did not receive
reports of serious hann or harassment.

III. GOVERNMENT OF CUBA'S EFFECT ON U.S. EMBASSY OPERATIONS

On July 20, 2015, Government of Cuba security personnel reduced their presence in the park
across from the U.S. embassy; therefore, the Cuban government can no longer overtly control
Cubans' access to the consular section. Since the re-establishment of diplomatic relations, the
embassy's staffing cap has increased to 180 TDY and 76 pennanent personnel.

IV. REVIEW OF ACCORDS

The United States and Cuba last reviewed implementation of the Accords at the
U.S.-Cuba Migration Talks held April 6 in Washington, DC. At the talks, both governments
reaffirmed their commitments to safe, legal, and orderly migration; reviewed recent migration

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trends; and pledged to improve operational relations on migration. The next round of Migration
Talks is expected in November 20 l 7. The Cuban government reiterated its keen interest in
continuing a close migration dialogue with the United States and indicated its commitment to the
semi-annual discussions.

V. CONCLUSION

The Migration Accords continue to play a key role in ensuring safe, legal, and orderly migration
between Cuba and the United States. The United States continues to support the full
implementation of the Migration Accords with Cuba to promote the national security of the
United States. Since the signing of the 2017 Joint Statement, the United States and Cuba have
continued to work effectively to reduce dangerous irregular migration flows between the two
countries.

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Approved: H-Charles S. Faulkner (CSF)

WHA-Francisco L. Palmieri, Acting (FLP)

Drafted: (b)(6)

Cleared:
WHA/FO: Kenneth Merten, Acting (ok)
WHA/FO: JCreamer (ok)
(b)(5); (b)(6)

UNCLASSIFIED