Published Saturday, April 24, 1999, in the Miami Herald

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