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All Cubans May Be Banned from U.S.
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Progressive Portal
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Apr 23, 2002 13:27 PDT
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[From a leading U.S. Immigration lawyer, Cuban-born Jose Pertierra:]
Dear friends:
A very important development last week.
The Border Security Act recently passed by both the Senate and the House
would prohibit the issuance of nonimmigrant (including tourist) visas to
persons from countries that are "sponsors of international terrorism" as
defined by the Department of State. Cuba is on the list. This means that
any Cuban citizen applying for a nonimmigrant visa for a temporary visit
to the United States is presumptively inadmissible, unless and until the
Secretary of State and the Attorney General waive the ground of
inadmissibility on a case by case basis.
This will have a detrimentally significant impact on future visits by
Cuban citizens to the United States. There will be delays, and there
will be denials of applications for nonimmigrant visas by Cuban
nationals. Cuban-Americans who want their family members to visit them
in the United States can thank their "leaders" in Miami for this ban on
tourist visas to Cubans. Everyone ranging from las viejitas who come
once a year to artists, writers and policy makers are affected by this
law.
However, Cubans wishing to come to this country are still encouraged to
swim or row across shark infested waters to Miami Beach where (after
coming ashore illegally) they will be greeted with green cards and a
parade on Miami's Calle 8 (assuming of course that you survive the
journey). The Border Security Act affects only nonimmigrant visas. The
Cuban Adjustment Act is not affected by this new legislation.
Go figure,
Jose Pertierra, JosePer-@aol.com
The Law Office of Jose Pertierra
1010 Vermont Avenue, NW #620
Washington, DC 20005
202 783 6666
*****
H.R.3525
Enhanced Border Security and Visa Entry Reform Act of 2001
. . .
SEC. 306. RESTRICTION ON ISSUANCE OF VISAS TO NONIMMIGRANTS FROM
COUNTRIES THAT ARE STATE SPONSORS OF INTERNATIONAL TERRORISM.
(a) IN GENERAL -- No nonimmigrant visa under section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) shall be issued
to any alien from a country that is a state sponsor of international
terrorism unless the Secretary of State determines, in consultation with
the Attorney General and the heads of other appropriate United States
agencies, that such alien does not pose a threat to the safety or
national security of the United States. In making a determination under
this subsection, the Secretary of State shall apply standards developed
by the Secretary of State, in consultation with the Attorney General and
the heads of other appropriate United States agencies, that are
applicable to the nationals of such states.
(b) STATE SPONSOR OF INTERNATIONAL TERRORISM DEFINED --
(1) IN GENERAL -- In this section, the term 'state sponsor of
international terrorism' means any country the government of which has
been determined by the Secretary of State under any of the laws
specified in paragraph (2) to have repeatedly provided support for acts
of international terrorism.
(2) LAWS UNDER WHICH DETERMINATIONS WERE MADE -- The laws specified in
this paragraph are the following:
(A) Section 6(j)(1)(A) of the Export Administration Act of 1979 (or
successor statute).
(B) Section 40(d) of the Arms Export Control Act.
(C) Section 620A(a) of the Foreign Assistance Act of 1961.
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