Related videos:
The human rights organization Cubalex issued an alert statement denouncing that the three new immigration laws published by the Cuban regime in May 2026 “consolidate a securitized and discretionary control system over human mobility and the exercise of fundamental rights of Cubans residing in the country or abroad.”
The regulations in question —Law 171 on Migration, Law 172 on Citizenship, and Law 173 on Foreigners— were published on May 5 in the Official Gazette No. 39 Ordinary of 2026, nearly two years after their approval by the National Assembly on July 19, 2024. They will take effect 180 days after their publication, that is, approximately in November 2026.
One of the most controversial changes is the introduction of the category of “effective migratory residence”, which replaces the previous objective criterion of 24 months of residence abroad.
Under the new scheme, the condition of resident requires having stayed more than 180 calendar days in Cuba during the previous year, or demonstrating "ties," a concept that the law does not precisely define and whose determination is left to the MININT through the DIMEC.
Cubalex warns that "residency ceases to be an objective condition and becomes dependent on discretionary and political criteria".
Equally alarming is the formalization of entry restrictions to the country for Cuban citizens under vague justifications such as "national security," "public order," or "public interest".
The regulation also introduces the figure of reembarkation: a national may be returned at the border by administrative decision of the Migration Authority, without prior judicial review or guarantees of due process.
According to Cubalex, this measure "legalizes territorial exclusion practices that have been denounced for years by activists, independent journalists, and human rights defenders".
The Law 171 also formally establishes the Immigration Police as a specialized body with national jurisdiction, empowered to detain individuals, take statements, and hold citizens.
Cubalex points out that these structures "concentrate in the MININT powers to investigate, punish, deport, and restrict movements without the intervention of an independent judiciary."
Regarding the Law 172 on Citizenship, it maintains the possibility of depriving Cubans of their nationality if they carry out actions from abroad that are deemed contrary to the "high political, economic, and social interests" of the State.
The organization warns that this formula "turns nationality into a tool of punishment against political dissent abroad" and that "citizenship thus becomes subordinate to criteria of ideological loyalty and political fidelity".
The law also introduces the concept of "effective citizenship": Cubans with dual nationality, within Cuban territory, will only be allowed to use their Cuban citizenship.
The renunciation of Cuban citizenship is regulated for the first time, but the final approval is in the hands of the State, and recovery can only be exercised once, after a maximum of five years from the loss.
In the economic sphere, the new category of "non-resident investor" does not recognize full rights.
Cubalex points out that "the State seeks to capture resources from the diaspora without dismantling the structural prohibitions that prevent non-resident Cubans from freely undertaking business in their own country, maintaining economic activity as a concession granted by the authorities rather than as a guaranteed right."
Finally, Cubalex concludes by alerting the international community and the United Nations treaty bodies about what it qualifies as "a regulatory backslide that, under the guise of openness, deepens the legal differentiation between citizens and reinforces the use of the migratory system as a tool for political retaliation and social control".
Filed under: