The immigration lawyer Willy Allen dismissed the idea that any internal changes in Cuba — including a potential amnesty law — could affect the validity of the Cuban Adjustment Act or the immigration status of Cubans in the United States.
The question arose in the context of the Amnesty Law approved by Venezuela in February 2026, which explicitly excluded Venezuelans abroad with Temporary Protected Status (TPS) or pending asylum applications, creating uncertainty about their migratory future. In light of the uncertainty regarding whether something similar could happen to Cubans, Allen was categorical.
"Cubans are still fortunate because the Cuban Adjustment Act exists. And that law does not have to compete with any amnesty or any benefits granted internally in Cuba. That law remains in full force," stated the lawyer in an interview with Tania Costa for CiberCuba.
Allen explicitly asked his audience not to panic: "Listen to me carefully so that you don't panic: any internal change will not affect Cubans until Cuba has had free democratic elections and they realize that these elections are completely transparent and multiparty."
The lawyer was clear in stating that partial concessions from the regime are not enough to meet that threshold. "Even if the Government of Cuba, as part of negotiations, releases all political prisoners, says it will allow foreign investments, and will allow and listen to family claims for properties that were taken in the 1960s. Even if all of this happens today, it does not mean there have been free, democratic, and transparent elections," he emphasized.
This scenario is particularly relevant at this moment. The Trump administration is negotiating with Cuba, demanding the release of political prisoners such as Luis Manuel Otero Alcántara and Maykel Osorbo, with an ultimatum that expired on April 24. Cuba rejected releasing prisoners as a condition for negotiation, which precisely illustrates the distance that separates the regime from any genuine electoral process.
Allen positioned the Cuban Adjustment Act above TPS and asylum as a form of immigration protection. "We have a stronger protection than TPS, than any other way to legalize, even more than asylum. The Cuban Adjustment is superior to asylum," he stated. He even added that "it is more advantageous for a person to marry a Cuban than to marry an American citizen due to the benefits and privileges."
Regarding the possibility of the law being repealed, Allen was straightforward: "I don't believe they will remove it in the near future." It is important to note that only the United States Congress can repeal the CAA, not the president through executive order, and the Helms-Burton Act of 1996 conditions any change on the existence of a democratically elected government on the island.
Regarding the timeline for Cuba to reach that democratic standard, Allen was skeptical: "I believe we are far from it; we could be up to a decade away from Cuba undergoing a significant enough change to hold that kind of elections."
The lawyer concluded with a personal reflection filled with emotion. “I am about to turn 75. I have been waiting for this change for 65 years. I would like to see a change. I would like it to happen while I am still alive. I would like to return to my father's farm in Arriete,” he said. He added, “I support the negotiations. I support Díaz-Canel moving to live in Spain. I support any change that improves the situation for the average Cuban.”
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