The Expansion of Non-Immigrant Visas for Cubans: A National Security Concern

The recent expansion of non-immigrant visas (NIV) for Cubans by the Biden Administration has generated controversy and concern among conservative political figures in the United States.

Three Republican senators, Marco Rubio, Ted Cruz, and Rick Scott, have issued a warning about the dangers this measure poses to the country’s national security.

In their statement, these legislators have pointed out that the visa expansion policy is not only a risk to American citizens but also acts as a tool to perpetuate the Cuban regime’s influence and control over its diaspora and over migrants who manage to obtain these visas. “It is very likely that those who receive NIVs to come to the U.S. for these purposes have favorable relations with the regime.”

The senators’ argument, supported by detailed data and analysis, highlights that the increase in non-immigrant visas for Cuban citizens could be a mechanism of control by the island’s government, which seeks to use its citizens as political and economic tools in its relationship with the United States. “Given the risks associated with allowing agents from a State Sponsor of Terrorism (SSOT) into the country, it is unclear how the U.S. could benefit from these NIVs.”

In their statement, Rubio, Cruz, and Scott noted that the expansion of non-immigrant visas for Cubans is not only a concession to the Cuban regime but also endangers U.S. security. The senators criticize the Cuban government’s lack of transparency and its long history of repression and control over its population, which pose serious risks to the U.S. immigration system. In particular, they argue that the regime could use this policy to infiltrate individuals acting on behalf of the Cuban government, facilitating the entry of elements that could compromise national security.

Additionally, the senators highlighted that the Cuban government might be using remittances sent by migrants working in the U.S. to strengthen its regime, diverting funds toward repressive and military activities. This situation creates a dynamic in which, according to the senators, the United States would be indirectly contributing to the sustainability of the Cuban regime, while opposition and dissent on the island continue to be repressed.

Non-immigrant visas allow Cuban citizens to travel temporarily to the United States for work, study, or to visit family. In principle, this type of visa offers Cubans the opportunity to improve their quality of life and send remittances to their families on the island. However, the Cuban regime disproportionately benefits from the remittances that migrants send back to Cuba, using these funds to finance its repressive apparatus and remain in power.

State control over much of the Cuban economy means that a significant portion of the remittances entering the island is channeled through government-controlled institutions. This includes stores in freely convertible currency (MLC), where Cuban citizens must spend their dollars and euros on essential goods not available in state stores. Ultimately, this reinforces the regime’s dependence on foreign currency and allows it to continue operating despite the economic embargo and international sanctions.

The main argument of Senators Rubio, Cruz, and Scott is that the expansion of non-immigrant visas for Cubans opens a door to potential infiltrators from the Cuban regime. Over the years, there have been several documented cases of Cuban spies operating on U.S. soil, including the famous case of Ana Belén Montes, a Pentagon analyst arrested in 2001 for passing classified information to the Cuban government.

Although U.S. authorities have improved their counterintelligence capabilities, the lack of transparency in the visa application and issuance process in Cuba makes it difficult to identify individuals with potential ties to the regime. This represents a risk both to national security and to the integrity of the U.S. immigration system.

The expansion of non-immigrant visas for Cubans remains a highly debated topic. For the Republican senators, this measure represents a threat to U.S. national security and perpetuates the power of the Cuban regime. However, it is also true that many Cubans seeking these visas do so in hopes of escaping repression and improving their lives. “Instead of forcing the Cuban dictatorship to end its human rights abuses and bring democracy to the island, the Biden-Harris administration has only sought opportunities to appease the regime and repair diplomatic relations. We see no other reason to expand NIVs to Cuban individuals and no justification for why doing so serves U.S. interests.”

It is crucial that the U.S. government carefully evaluate the potential implications of this policy and take necessary measures to ensure that it is not exploited by the Cuban regime. National security must be a priority, and any measure that allows the infiltration of Cuban government agents must be treated with the utmost seriousness.

El Diario de las Américas reported on how they urged the Secretary of State to address a series of questions, some of which are cited:

• How does expanding NIVs to Cuban citizens benefit U.S. interests, given the concerns raised above? • How does expanding NIVs benefit members of the Cuban regime when it offers more opportunities for fraud and abuse? • How will it be ensured that NIVs are not issued to individuals with ties to the regime? • How will NIVs be received by individuals transferred within the same company if the presence of U.S. private sector companies in Cuba is prohibited? • Has the U.S. government expanded NIVs to other SSOTs (Iran, North Korea, and Syria)? If not, does it plan to do so? Why or why not?

For more information, visit Senator Marco Rubio’s page.

Maria Herrera Mellado

María Herrera Mellado es una abogada de EE.UU. y licenciada en España. Doctora en Ciencias Jurídicas y Analista política. La Dra. Herrera es conocida por su amplia experiencia en análisis y consultas en el diseño de políticas públicas, propuestas de ley y gestión en relaciones internacionales.

Su reconocimiento proviene de sus contribuciones al análisis y representación legal de diversas organizaciones, empresas e individuos que han visto abusados sus derechos humanos, su privacidad o en la inclusión  de políticas efectivas fundamentalmente en el ámbito de la transparencia y la rendición de cuentas, así como la lucha contra la corrupción.

Su formación académica y experiencias profesionales la convierten en una voz respetada en el debate público y en el análisis de temas de actualidad sobre todo en los desafíos políticos y legales contemporáneos.

María Herrera Mellado is a U.S.-based attorney also licensed in Spain. She holds a PhD in Legal Sciences and is known as a media legal and policy analyst.

Dr. Herrera is recognized for her extensive experience in analyzing and consulting on public policy design, legislative proposals, and international relations management.

Her recognition stems from her contributions to the analysis and legal representation of various organizations, companies, and individuals whose human rights or privacy have been violated, or who have benefited from the inclusion of effective policies, primarily in the areas of transparency, accountability, and the fight against corruption.

Her academic background and professional experience make her a respected voice in public debate and in the analysis of current issues, particularly in contemporary political and legal challenges.

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