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Immigration lawyers have advised Cuban and Venezuelan permanent residents in the United States to avoid traveling abroad until the possible entry ban into the country that the Trump administration is reportedly considering is clarified.
The measure, which could affect about 43 countries, would include Cuba and Venezuela, and would jeopardize the re-entry of permanent residents from these countries to the United States after Saturday, March 22.
According to a report by the New York Times, the Trump administration is preparing a new visa restriction policy that could be broader than the order issued in 2017, which excluded permanent residents.
However, it is still unclear whether emigrants with permanent residency will be affected by the new measure, which has generated uncertainty among the Cuban and Venezuelan communities in the area.
Armando Olmedo, immigration attorney from Televisa Univisión, advised Cubans and Venezuelans with planned trips abroad to wait before leaving the country.
"The recommendation here would be that if a person is Cuban or Venezuelan and is a permanent resident, and has a trip planned abroad, hold off; the waters are a bit murky," Olmedo stated.
According to the text from The New York Times, the list of restrictions classifies nations into three categories: red, orange, and yellow. Cuba and Venezuela would fall into the red category, which implies stricter restrictions. This category includes those with an outright entry ban, which could severely impact Cubans and Venezuelans in the United States.
The expert also advised those who are already abroad to return as soon as possible. "If you are Cuban or Venezuelan and have a trip planned to the United States, do it as soon as possible, before that order is issued, because once it is issued, you will not be able to enter," he added.
The deadline for issuing the final order is Friday, March 21, when the State Department must provide the details of the report on entry restrictions to the United States.
Opinions among legal experts are divided.
Immigration lawyer Ismael Labrador believes that emigrants with permanent residency cannot be denied entry, even if they travel with a Cuban or Venezuelan passport, except by a federal judge and only if they have committed a crime.
"I believe that residents in the United States, at the end of the day, are residents of the United States, and that residency was granted to them and they cannot be prohibited from entering without due process to revoke that residency (which can only be done by a judge). Essentially, when there are allegations that you obtained residency through fraud or another crime," said journalist Mario Pentón.
"But as long as you are a resident of the United States, you have every right to return to the United States, as long as you have not violated the conditions of your permanent residency," he emphasized.
The lawyer Willy Allen coincides with Labrador, who spoke with CiberCuba a few days ago about the topic.
Allen recalled that an American citizen or a foreign resident in the United States can travel to Cuba as long as it is for one of the 12 reasons permitted by the State Department, and that this has not changed to date.
"As long as you are traveling with those 12 reasons, you can travel as much as you want, whether you are a resident or a citizen," he emphasized.
"You can travel. Up until now, there is nothing that prevents travel, as long as it’s done in accordance with the rules of the Department of State. For the vast majority of Cubans who travel, if not all, it's 'to see my family,' which is one of the reasons the Department of State allows travel to Cuba, whether you are a resident or a citizen," he repeated.
The potential entry ban to the United States and its impact on the Cuban and Venezuelan communities have raised concern, particularly in South Florida, where the diaspora from both countries is quite significant.
Republican congressmen from the region such as Mario Díaz-Balart, María Elvira Salazar, and Carlos Giménez could face pressure from their constituents, as the measure would directly impact their communities.
Trump's plan has been criticized by some lawyers and former prosecutors, who point out that the lack of exemptions in the new policy could lead to legal challenges.
David Weinstein, former state and federal prosecutor for Miami-Dade, indicated that Cuban and Venezuelan emigrants could argue that the measure violates their fundamental rights, as it unjustly affects their family members and loved ones.
Despite the criticisms, the Trump administration continues its focus on stricter immigration restrictions, creating uncertainty both nationally and internationally regarding future immigration policies.
Frequently asked questions about the possible entry ban on Cubans in the U.S.
What does the possible entry ban for Cubans into the U.S. imply?
The administration of Donald Trump is considering implementing a total entry ban for citizens of Cuba and other countries, placing them on a "red" list that indicates stricter restrictions. This could severely affect Cuban permanent residents in the United States who leave the country and wish to re-enter.
What recommendations have immigration lawyers given to Cubans living in the U.S.?
Immigration lawyers have advised Cuban and Venezuelan permanent residents to avoid traveling abroad until the situation regarding the potential ban is clarified. If they are already outside the country, it is recommended that they return as soon as possible before the ban order is issued.
What are the possible consequences for Cuban permanent residents if the ban is implemented?
The potential entry ban could prevent permanent residents from Cuba from re-entering the United States after leaving the country. This measure would create uncertainty and could impact Cuban families and communities in the U.S., particularly in South Florida.
What actions could Florida Congress members take in response to this situation?
Republican congress members from Florida, such as Mario Díaz-Balart, María Elvira Salazar, and Carlos Giménez, may face pressure from their constituents due to the direct impact on their communities. They could take actions to try to mitigate the effects of the ban and protect the interests of their Cuban and Venezuelan communities.
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