Perspective: How to force the Trump administration to follow the law on refugees
A U.S. Marine helps a young child off one of the refugee boats from Cuba that had been pouring into Florida for weeks on May 10, 1980. By Bridgette W. Gunnels Bridgette W. Gunnels is an assistant professor of Spanish at Oxford College of Emory University. March 8 at 6:00 AM The border city of Tijuana. Internment camps in U.S. border towns. ICE facilities across the country.
The number of asylum seekers soon swelled to 10,000. Within a few weeks, the Castro government declared that these anti-sociales and disidentes represented the worst of Cuban society, and were unfit for its revolutionary project. Castro declared that those seeking to escape the island were free to leave from Mariel Port.
These migrants were processed upon arrival in Florida as best as possible, which was tricky since a number arrived without paperwork or passports. President Carter declared a national emergency on May 6, 1980, to allow FEMA to administer the humanitarian aid necessary to manage the situation; a judicious and logical use of that power. On July 15, the Carter administration created the Cuban-Haitian Task Force to help receive, process and resettle entrants.
The battle hinged on how to define the detained Marielitos and, thus, whether they could remain in the United States. Under U.S. immigration law, the difference between excludable and deportable aliens determines the eventual fate of immigrants. An excludable alien has not entered the United States but is seeking admission at the border, usually claiming political asylum. A deportable alien has entered the United States unlawfully and is processed differently.
The hostage standoff drew attention to the plight of the Marielitos, and along with the legal pressure, helped compel Meese to grant detainees a case-by-case review. The 1,800 who were considered nonviolent or had not committed federal crimes were released. The aftermath of Garcia-Mir v. Meese, however, suggests the infinite wait is not in line with U.S. law. The appeal was pursued to guarantee every excludable alien would be granted due process rights including a parole hearing. And it pertains to those deportable aliens already in the U.S.
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