New Immigration Law in Cuba: reasons that may prevent entry to or exit from the country

The new Cuban immigration legislation, which will come into effect on November 1st, establishes a broad range of circumstances under which authorities may prevent a person from leaving the national territory. For the first time, it explicitly includes the possibility of restricting entry into the country even for Cuban citizens.

The , published in the Official Gazette on May 5, 2026, and approved by the National Assembly in July 2024, replaces the immigration legislation that has been in effect since 1976.

Article 97 establishes 11 scenarios under which any person in Cuba will not be able to leave the country, while Article 98 introduces, as an explicit novelty, the authority to block the return of Cuban citizens.

Why they can prevent leaving Cuba

The reasons for prohibiting departure go far beyond judicial processes. In addition to being subject to a criminal process with precautionary measures or having a pending sanction, the law allows for a person to be detained for reasons of National Defense and Security, for obligations to the State, for being linked to Military Service, or for failing to meet immigration requirements.

Two reasons are particularly significant: lacking authorization "to preserve the skilled workforce for the economic, social, and scientific-technical development of the country" and lacking authorization "to ensure the security and protection of official information". Both allow for the retention of strategic professionals without any criminal cause.

The list is completed with the prohibition of exit for minors without formal parental authorization before a notary, for those who are linked to "control and oversight actions" in their workplace, and for those whom the authorities determine have "other public interest reasons".

The regulations of the law specify that these exit restrictions are applied automatically by the Border Migration Authority, and that individuals may request information regarding the restriction imposed on them from the Directorate of Identification, Migration, Foreign Affairs, and Citizenship (DIMEC).

Why they can prevent entry to Cuba

Article 98 introduces a figure that did not exist explicitly in the previous legislation: the exceptional limitation of entry to the country for Cuban citizens. This measure is implemented automatically by the head of DIMEC through a resolution and entails the immediate reboarding of the individual.

The six grounds provided are:

1. Interest in ensuring Defense, National Security, or Public Order.
2. Measures to combat or prevent the spread of epidemics, disasters, or other public calamities.
3. Order and public interest.
4. Exceptional situations, general mobilization, or state of emergency.
5. Consequences of weather events, earthquakes, tsunamis, or other severe phenomena.
6. "Other circumstances that may harm or pose a serious threat to the population."

The breadth of concepts such as "Internal Order," "public interest," or "other circumstances" gives authorities considerable discretion. The resolution can be communicated before the person arrives in the country, either in person or electronically.

The law itself states that these measures, "due to their exceptional nature, can only be challenged in the Constitutional Rights Amparo Process," which significantly restricts the available defense options.

Article 99 of the Migration Law warns that "measures restricting entry and exit from the country, when imposed as a complement to a deportation order, are enforced for a period of up to five years, and those applied as complementary to expulsion are enforced for a period of up to ten years or indefinitely."

The organization Cubalex stated that these regulations consolidate a system of state control that is discretionary and securitized over mobility, potentially impacting the right to enter one's own country and the guarantees of due process.