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Letter from Bob Menendez, Member
of Congress, to President George W. Bush.
The Honorable George W. Bush
President of the United States
1600 Pennsylvania Avenue NW
Washington, D.C. 20500
Dear Mr. President:
I am writing to express my disagreement with your administration's
treatment of Cuban nationals attempting to flee the Castro regime.
During your 2000 campaign, you criticized the "wet foot, dry foot"
policy which forces Cubans to return to a country run by a brutal
dictator determined to carry out revenge on those who try to leave. Yet,
over the past five years, your administration has repatriated over 7,740
Cuban nationals. You have had the power to change US policy on
repatriating Cubans during those five years, and have not done so. I
urge you to use this power to take immediate action, as I explain in
detail below, to ensure that the United States does not repatriate Cuban
nationals who are in grave danger of repression and mistreatment by the
Castro regime.
Your administration recently repatriated 15 Cuban refugees, who, under
current law, did reach US territory when they touched the Seven Mile
Bridge in the Florida Keys. This act only demonstrates another example
of your administration's arbitrary and dangerous decision-making
regarding the repatriation of Cuban nationals.
Over the past five years, the human rights situation in Cuba has
deteriorated. In the spring of 2003, the Castro regime arrested 75
political dissidents, who were subjected to summary trials and
imprisoned for nothing more than expressing a point of view not
sanctioned by the Castro regime. Castro's human rights record has been
repeatedly condemned by Amnesty International, Freedom House, and other
human rights groups. Cuban refugees forced to return to Cuba would
surely face political repression and even possible jail time.
I am deeply concerned, therefore, about the treatment of Cuban asylum
seekers intercepted at sea. Less than 3 percent of Cuban asylum seekers,
who were intercepted at sea between May 1995 and 2005, were taken to
Guantanamo Naval Base (GITMO) based on the determination that they
demonstrated a "credible fear of persecution." Yet, according to the
Department of Homeland Security, 75 percent of Cubans who filed for
refugee status in FY2004 were approved.
This apparent disparity in treatment cannot be allowed to continue and
underlines the inadequacy of the existing process on board the Coast
Guard vessels. In an effort to remedy this situation, I join my
colleagues Representatives Lincoln Diaz_Balart, Mario Diaz-Balart, and
Ileana Ros-Lehtinen in recommending the following:
1. An immediate, through review of how the interviews of Cuban nationals
intercepted at sea are conducted and "credible fear of persecution" is
determined;
1. Legal counsel from recognized Volunteer Agencies should be allowed
aboard the Coast Guard vessels in order to provide legal advice to
refugees;
2. If it is determined that it is not feasible to have legal counsel on
board US Coast vessels, all Cuban nationals intercepted at sea should be
taken to GITMO for their cases to be properly evaluated and for the
refugees to be afforded procedural rights consistent with Cuban
nationals who seek asylum on land;
3. A percentage fo the unallocated reserve of 20,000 refugees in FY 2005
should be reallocated to Cuban nationals who are not relocated to a
third country after 120 days of the date they arrive at GITMO; and
4. The United States Interests Section should issue a report on the
status of Cubans who have been repatriated to determine if they have
sought and obtained refugee questionnaires as well as the status of
their applications for refugee visas.
I believe that your administration must take immediate action to protect
people in danger of persecution from the Castro regime, whether they
reach our shores or are intercepted at sea. The United States has long
been a refuge for those from around the world fleeing persecution to
obtain freedom. We must ensure that our current policy reflects this
proud tradition.
I urge you to review these recommendations and look forward to your
prompt response.
Sincerely,
Robert Menendez
Member of Congress
cc: Secretary Michael Chertoff
Source:
Netforcuba
International
January 16, 2006
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