Bill Summary
The Cuban Family Reunification Modernization Act of 2021 aims to amend the Immigration and Nationality Act to create a parole program for Cuban families. This program would allow United States citizens or lawful permanent residents to apply for their family members in Cuba to join them in the United States. Currently, this process has been stalled due to staff reductions at the U.S. Embassy in Havana, forcing Cuban nationals to travel to a third country for visa applications and interviews. This bill also aims to prioritize petitions for individuals with terminal illnesses or minor children. Additionally, it authorizes the processing of immigration petitions and applications at the United States Naval Station in Guantanamo Bay, with the condition that the Secretary of Defense certifies it will not hinder operations or pose a national security threat. The bill includes provisions to prevent discrimination and human rights abuses against applicants. Definitions and guidelines for the parole program are also outlined.
Possible Impacts
1) The legislation could potentially affect Cuban families who have been separated due to the CFRP program being stalled since September 2017. The bill seeks to modernize and reinstate the program, which could allow these families to be reunited in the United States.
2) The legislation may affect Cuban nationals who have been applying for U.S. entry through the U.S. Embassy in Georgetown, Guyana. If the legislation is passed, it could potentially allow these individuals to apply for entry through the U.S. Naval Station in Guantanamo Bay, Cuba, reducing the financial burden of having to travel to a third country.
3) The bill also addresses concerns about human rights abuses in Cuba and seeks to ensure that no applicant is discriminated against based on race, age, disability, religion, sexual orientation, gender identity, or sex characteristics. This could potentially protect vulnerable communities, such as LGBTQ people, from discrimination and human rights abuses.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2684 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2684
To amend the Immigration and Nationality Act to establish a Cuban
family reunification parole program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2021
Mr. Diaz-Balart (for himself, Mrs. Murphy of Florida, Ms. Salazar, and
Mr. Gimenez) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to establish a Cuban
family reunification parole program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuban Family Reunification
Modernization Act of 2021'' or the ``CFRM Act of 2021''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Cuban Family Reunification Parole (CFRP) program,
initiated by President George W. Bush in 2007, allows United
States citizens or lawful permanent residents to apply for
their family members in Cuba to join them in the United States.
(2) The CFRP program has been stalled since September 2017,
when the State Department reduced the staff in Havana in
response to severe brain injuries suffered by several members
of the U.S. diplomatic community and their families.
(3) The United States embassy website currently states
that, ``Due to staff reductions at the U.S. Embassy in Havana,
Cuba, USCIS has suspended operations at its field office in
Havana.'' Most Cuban nationals who apply for U.S. entry must
travel to a third country, with all Cuban applications and
interviews for immigrant visas handled by the U.S. Embassy in
Georgetown, Guyana, requiring applicants to incur additional
costs such as airfare and lodging.
(4) Cuban diplomats and other high-level Communist Party
operatives applying for diplomatic or official visas may remain
in Cuba throughout the visa application process.
(5) According to press reports, the United States Navy
housed approximately 50,000 migrants at one time on the naval
station in Guantanamo Bay, Cuba in 1994.
(6) The United States State Department hires local Cuban
nationals at the United States embassy in Havana, Cuba some of
whom have, according to accounts, intimidated those attempting
to meet with personnel of the United States. The use of such
regime-provided Cuban nationals at the United States embassy in
Havana, Cuba should be minimized to the greatest extent
possible.
(7) The regime in Cuba holds an egregious human rights
record marred by repression of speech, religious belief, labor
rights, as well as arbitrary detentions, inhumane prison
conditions, beatings, and other acts of repudiation.
(8) The regime in Cuba places severe restrictions on basic
human rights and liberties resulting in an oppressive
environment with widespread fear of reprisal for expressing
opposition to the regime.
(9) According to U.S. State Department Report 004246 of
March 2021, ``nearly all Cubans wishing to travel to the United
States must apply for their visas outside of Cuba,'' and
further that ``the Department recognizes the necessity to leave
Cuba to apply for a U.S. visa is a barrier many Cubans are
unable or unwilling to surmount.''.
(b) Sense of Congress.--It is the sense of Congress that no
applicant should be discriminated against on the basis of race, age,
disability, religion, sexual orientation, gender identity, or sex
characteristics, and that discrimination based on race, political
opinion, religious belief, or association with a targeted group and
hate crimes and other forms of discrimination against vulnerable
communities, including LGBTQ people, are human rights abuses.
SEC. 3. CUBAN FAMILY REUNIFICATION PAROLE PROGRAM.
Chapter 2 of title II of the Immigration and Nationality Act (8
U.S.C. 1181 et. seq.) is amended by inserting after section 214 the
following new section:
``SEC. 214A. CUBAN FAMILY REUNIFICATION PAROLE PROGRAM.
``(a) Establishment.--Pursuant to the authority established under
section 212(d)(5), the Secretary of Homeland Security shall establish a
Cuban family reunification program under which the Secretary may grant
parole to a qualified beneficiary on whose behalf a petition has been
approved.
``(b) Petition Process.--
``(1) In general.--A petitioner may submit an application
to the Secretary of Homeland Security for a qualified
beneficiary to be paroled into the United States prior to the
date on which an immigrant visa is available for such
beneficiary.
``(2) Interview.--The Secretary of Homeland Security, in
consultation with the Department of State, shall conduct an
interview of a qualified beneficiary to ensure that such
beneficiary--
``(A) is eligible for the Cuban family
reunification program;
``(B) is admissible to the United States;
``(C) has passed a medical examination; and
``(D) has passed criminal and national security
background checks required by the Secretary of Homeland
Security for admission into the United States.
``(3) Identity verification.--To be eligible for the Cuban
family reunification program, a qualified beneficiary shall
provide--
``(A) a passport issued by the government of Cuba,
as applicable; and
``(B) other documents required by the Secretary of
Homeland Security to demonstrate that the qualified
beneficiary is eligible for parole under the Cuban
family reunification program.
``(4) Exception for human rights violators.--Paragraph (1)
shall not apply to a qualified beneficiary who has committed a
gross violation of internationally recognized human rights, as
described under section 502B(d)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304(d)(1)).
``(c) Travel Documents.--The Secretary of State shall issue
necessary travel documents for the qualified beneficiary to travel to
the United States and seek parole from the Department of Homeland
Security at a port of entry of the United States.
``(d) Duration of Parole.--Parole granted under this section shall
be for a 2-year period for a qualified beneficiary who is a Cuban
national.
``(e) Work Authorization.--A qualified beneficiary is eligible to
apply to the Secretary of Homeland Security for work authorization.
``(f) Fees.--The Secretary of State may require payment of a
reasonable fee as a condition of participation in the Cuban family
reunification program.
``(g) Priority Processing.--
``(1) Terminal illness.--The Secretary of Homeland
Security, in coordination with the Secretary of State, shall
take all reasonable measures to prioritize a petition for a
qualified beneficiary to be paroled into the United States if
the petitioner--
``(A) has a terminal illness; and
``(B) the petitioner can provide documentation of
such illness to the Secretary of Homeland Security.
``(2) Minor children.--The Secretary of Homeland Security,
in coordination with the Secretary of State, shall take all
reasonable measures to prioritize a petition for a qualified
beneficiary to be paroled into the United States if such
qualified beneficiary--
``(A) is a minor child; and
``(B) has a custodial parent who is the beneficiary
of an immigrant visa and such visa will expire prior to
the date of the interview under subsection (b)(2) for
the minor child.
``(h) Processing Immigration Petitions and Applications at United
States Naval Station, Guantanamo Bay, Cuba.--
``(1) In general.--Notwithstanding any other provision of
law, beginning not later than 120 days after the date of the
enactment of the Cuban Family Reunification Modernization Act
of 2021 and ending on the date specified in paragraph (7), the
Secretary of Homeland Security, in consultation with the
Secretary of State and the Secretary of Defense, may operate a
facility to process immigration petitions and applications for
Cuban nationals, including conducting in-person interviews as
necessary for such petitions and applications, at the United
States Naval Station, Guantanamo Bay, Cuba (hereinafter
referred to as the `U.S. Naval Station'). Provided, That the
Secretary of Defense certifies that operating consular services
at the U.S. Naval Station would not hinder ordinary operations
or pose a threat to national security.
``(2) Appointment.--A Cuban national shall be permitted to
enter the U.S. Naval Station only with an appointment notice
from the Department of Homeland Security or the Department of
State.
``(3) Employment of cuban nationals.--In carrying out the
requirement under paragraph (1), the United States Government
shall not employ a Cuban national recommended by the Communist
regime in Cuba.
``(4) Port of entry.--The U.S. Naval Station shall not be
considered to be a port of entry into the United States.
``(5) Funding.--Beginning on the date that is 60 days after
the enactment of this Act, funds authorized for the processing
of immigration petitions or applications at the United States
Embassy in Havana, Cuba are authorized to fund the processing
of immigration petitions or applications at the U.S. Naval
Station.
``(6) Operation and security of united states naval
station, guantanamo bay, cuba.--If the Commander of the U.S.
Naval Station finds that the operation and security of the U.S.
Naval Station is impaired by a high number of Cuban nationals
attempting to access consular services described in paragraph
(1), without an appointment, the Commander of the U.S. Naval
Station may cease operating a facility to provide consular
services until such facility and services may be provided
without impairing the operation and security of the U.S. Naval
Station.
``(7) Date specified.--The date specified in this paragraph
is the date that is 60 days after the date which the Secretary
of State determines that other accommodations have been made to
allow for the regular and timely processing of immigration
petitions or applications on the island of Cuba.
``(i) Definitions.--In this section:
``(1) Petitioner.--The term `petitioner' means an
individual who is a citizen or lawful permanent resident of the
United States and who has an approved Form I-130, Petition for
Alien Relative (or any successor form), for a qualified
beneficiary.
``(2) Qualified beneficiary.--The term `qualified
beneficiary' means an individual--
``(A) who is a Cuban national living in Cuba, or a
minor child, who may or may not be living in Cuba, of a
Cuban national parent; and
``(B) who is the beneficiary of a petition, filed
by the petitioner, for status as a lawful permanent
resident by reason of a relationship described in
section 203(a).
``(3) Minor child.--The term `minor child' means an
individual under the age of 21 years old.''.
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