Efforts by the Obama Administration to normalize relations with Cuba following President Obama's December 2014 announcement of a major policy shift toward that country focused increased attention on migration issues, leading some policymakers to reexamine the policies on immigration and federal assistance that apply to Cuban migrants. The November 2016 death of Cuba's Fidel Castro may spur a broader reexamination of these policies. Cuban Migration Policy

"Normal" immigration from Cuba to the United States has not existed since the Cuban Revolution of 1959 brought Fidel Castro to power. For more than 50 years, the majority of Cubans who have entered the United States have done so through special humanitarian provisions of federal law. Key Legislation and International Agreements

U.S. policy on Cuban migration has been shaped by a 1966 law, as amended, and migration agreements between the United States and Cuba, operating in conjunction with the INA. Cuban Adjustment Act of 1966

The 1966 law commonly known as the Cuban Adjustment Act (CAA), as amended, enables Cubans who have been present in the United States for at least one year to adjust to lawful permanent resident status (becoming lawful permanent residents (LPRs) of the United States) provided they are eligible to receive an immigrant visa and are admissible to the United States for permanent residence. The CAA concerns Cubans who are already present in the United States and, as such, is distinct from U.S. policy on Cuban migrants attempting to reach the United States (see " Migration Agreements of 1994 and 1995 " and " Wet Foot/Dry Foot Policy "). "Wet foot" refers to Cubans who do not reach the U.S. shore. They are returned to Cuba unless they cite a well-founded fear of persecution, in which case they are considered for resettlement in third countries. "Dry foot" is a reference to Cubans who successfully reach the U.S. shore, are inspected by Department of Homeland Security (DHS) officers, and generally are permitted to stay in the United States. Cuban asylum seekers, like those of all nationalities, can apply for asylum from within the United States or at a U.S. port of entry, or they can be considered for refugee status abroad. Persons granted asylum or admitted to the United States as refugees can apply for LPR status after one year. Among the other pathways to permanent residence, U.S. citizens and LPRs can petition for eligible family members in Cuba to become LPRs through the U.S. family-based immigration system. Section 501(e) of the law defined the term "Cuban and Haitian entrant," which had been used by the Carter Administration to describe Mariel arrivals, for purposes of eligibility for federal assistance: 
(1) any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; and
(2) any other national of Cuba or Haiti—
(A) who—(i) was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act; (ii) is the subject of removal proceedings under the Immigration and Nationality Act; or (iii) has an application for asylum pending with the Immigration and Naturalization Service; and
(B) with respect to whom a final, nonappealable, and legally enforceable order of removalhas not been entered. Another law, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, as amended, made Cuban and Haitian entrants eligible for certain federal public benefits to the same extent as refugees. Policy Proposals

Steps taken by the Obama Administration to date to normalize relations with Cuba have not changed U.S. policy toward Cuban migrants. However, these efforts have raised questions about the potential for changed policies in the future through either executive or congressional action. Other legislation was introduced in the 114 th Congress that would eliminate the special treatment that Cuban entrants receive with respect to federal refugee resettlement assistance and other federal assistance.
The Obama Administration's efforts to normalize relations with Cuba focused attention on U.S. policies on immigration and federal assistance that apply to Cuban migrants in the United States—a set of policies that afford Cuban nationals unique immigration privileges. The November 2016 death of Cuba's Fidel Castro may lead to further consideration of these issues. "Normal" immigration from Cuba to the United States has not existed since the Cuban Revolution of 1959 brought Fidel Castro to power. For more than 50 years, the majority of Cubans who have entered the United States have done so through special humanitarian provisions of federal law.
U.S. policy on Cuban migration has been shaped by a 1966 law known as the Cuban Adjustment Act, as amended, and U.S.-Cuban migration agreements signed in the mid-1990s, operating in conjunction with the Immigration and Nationality Act (INA). Among the special immigration policies presently in place is a so-called "wet foot/dry foot" policy toward Cuban migrants who try to reach the U.S. shore by sea. "Wet foot" refers to Cubans who do not reach the United States. They are returned to Cuba unless they cite a well-founded fear of persecution, in which case, they are considered for resettlement in third countries. "Dry foot" is a reference to Cubans who successfully reach the U.S. shore and are generally permitted to stay in the country. After one year, these individuals can apply to become U.S. lawful permanent residents (LPRs) under the Cuban Adjustment Act.
In addition to entering the United States under special policies and becoming LPRs through the Cuban Adjustment Act, Cubans can gain permanent admission to the United States through certain standard immigration pathways set forth in the INA. They can be sponsored for U.S. permanent residence by eligible U.S.-based relatives who are U.S. citizens or LPRs through the U.S. family-based immigration system. They can also apply for asylum from within the United States or at a U.S. port of entry, or they can be considered for refugee status abroad. Persons granted asylum or admitted to the United States as refugees can apply for LPR status after one year.
Special provisions of law also make Cuban migrants in the United States eligible for federal assistance. The Refugee Education Assistance Act of 1980 defines the term "Cuban and Haitian entrant" for purposes of eligibility for federal assistance. It makes these entrants eligible for the same resettlement assistance as refugees. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, as amended, makes Cuban and Haitian entrants eligible for certain federal public benefits to the same extent as refugees.
The steps taken by the Obama Administration to normalize relations with Cuba have raised questions about the possibility of future changes to U.S. policy toward Cuban migrants through either executive or congressional action. Regarding the latter, legislation was introduced in the 114th Congress to repeal the Cuban Adjustment Act and eliminate the special treatment that Cuban entrants receive with respect to federal refugee resettlement assistance and other federal assistance. It remains to be seen whether Congress will act on any such measures.
For an overview of current issues in U.S.-Cuban relations, see CRS Report R43926, Cuba: Issues for the 114th Congress.