I 

114TH CONGRESS 

2D SESSION H. R. 4847 

To repeal the Cuban Adjustment Act, Public Law 89–732, to provide that 

certain Cuban entrants are ineligible to receive refugee assistance, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2016 

Mr. FARENTHOLD (for himself and Mr. CUELLAR) introduced the following 

bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce and Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To repeal the Cuban Adjustment Act, Public Law 89–732, 

to provide that certain Cuban entrants are ineligible to 

receive refugee assistance, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Correcting Unfair Ben5 efits for Aliens Act of 2016’’ or as the ‘‘CUBA Act of 

6 2016’’. 


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1 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) On July 1, 2015, President Obama an4 nounced that Cuba and the United States would re5 open their embassies and restore diplomatic ties. 

6 (2) Diplomatic relations between the two coun7 tries were formally reestablished July 20, 2015, 

8 when the United States and Cuba reopened their re9 spective embassies. 

10 (3) The International Business Times reported 

11 on September 10, 2015, that ‘‘Texas is on pace this 

12 year to set a new record for the number of Cubans 

13 trying to enter the United States through the Lone 

14 Star State, with about 60 percent more migrants 

15 from the island nation making the trip in 2015 com16 pared to one year before.’’. 

17 (4) The Obama Administration has reestab18 lished relations with Cuba, and that, therefore, the 

19 special treatment Cuban nationals receive under the 

20 Cuban Adjustment Act, the Immigration and Na21 tionality Act, the Cuban Family Reunification Pro22 gram and the Wet Foot/Dry Foot policy are no 

23 longer applicable and fail the ‘‘urgent humanitarian 

24 reasons’’ and ‘‘significant public benefit’’ tests. 

25 (b) SENSE OF CONGRESS.—It is the sense of Con26 gress that Cuban nationals should be treated under the 


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1 same immigration rules as nationals of other countries 

2 with which the United States has diplomatic relations and 

3 should not receive preferential treatment. 

4 SEC. 3. REPEAL OF THE CUBAN ADJUSTMENT ACT. 

5 (a) REPEALS OF RELEVANT STATUTES.— 

6 (1) REPEAL OF LIMITATION ON REPEAL OF

7 CUBAN ADJUSTMENT ACT.—Section 606 of title VI 

8 of division C of Public Law 104–208 is repealed. 

9 (2) CUBAN ADJUSTMENT ACT.—Public Law 

10 89–732 is repealed. 

11 (b) EFFECTIVE DATE.—The repeal made by sub12 section (a) shall take effect on the date of the enactment 

13 of this Act and shall apply only to any alien admitted or 

14 paroled into the United States on or after the date of the 

15 enactment of this Act. 

16 SEC. 4. CERTAIN ACTIVITIES RESTRICTED. 

17 No funds, resources, or fees made available to the 

18 Secretary of Homeland Security, the Secretary of State, 

19 or to any other official of a Federal agency, by this Act 

20 or any other Act for any fiscal year, including any deposits 

21 into the ‘‘Immigration Examinations Fee Account’’ estab22 lished under section 286(m) of the Immigration and Na23 tionality Act (8 U.S.C. 1356(m)), may be used to imple24 ment, administer, enforce, or carry out (including through 

25 the issuance of any regulations) any of the policy changes 


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1 set forth in the memorandum from the Director of United 

2 States Immigration and Customs Enforcement entitled 

3 ‘‘Cuban Family Reunification Parole Program’’ dated No4 vember 21, 2007 (or any substantially similar policy 

5 changes, whether set forth in memorandum, Executive 

6 order, regulation, directive, or by other action). 

7 SEC. 5. CERTAIN CUBANS ENTRANTS INELIGIBLE FOR REF8 UGEE ASSISTANCE. 

9 (a) IN GENERAL.—Title V of the Refugee Education 

10 Assistance Act of 1980 (8 U.S.C. 1522 note) is amend11 ed— 

12 (1) in the heading by striking ‘‘CUBAN 

13 AND’’; and 

14 (2) in section 501— 

15 (A) by striking ‘‘Cuban and’’ each place it 

16 appears; and 

17 (B) in subsection (e)— 

18 (i) in paragraph (1)— 

19 (I) by striking ‘‘Cuban/’’; and 

20 (II) by striking ‘‘Cuba or’’; and 

21 (ii) in paragraph (2), by striking 

22 ‘‘Cuba or’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) PERSONAL RESPONSIBILITY AND WORK OP25 PORTUNITY RECONCILIATION ACT OF 1996.—Title IV 


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1 of the Personal Responsibility and Work Oppor2 tunity Reconciliation Act of 1996 (8 U.S.C. 1601 et 

3 seq.) is amended by striking ‘‘Cuban and Haitian 

4 entrant’’ each place it appears and inserting ‘‘Hai5 tian entrant’’. 

6 (2) IMMIGRATION AND NATIONALITY ACT.—Sec7 tion 245A(h)(2)(A) of the Immigration and Nation8 ality Act (8 U.S.C. 1255a(h)(2)(A)) is amended by 

9 striking ‘‘Cuban and Haitian entrant’’ each place it 

10 appears and inserting ‘‘Haitian entrant’’. 

11 (c) APPLICABILITY.—The amendments made by this 

12 section shall apply only in the case of a national of Cuba 

13 who enters the United States on or after the date of the 

14 enactment of this Act. 

15 SEC. 6. REPORT. 

16 Not later than 90 days after the date of the enact17 ment of this Act, the Inspector General of the Social Secu18 rity Administration shall submit to Congress a report 

19 which describes the methods by which the requirement 

20 under section 416.215 of title 20, Code of Federal Regula21 tions, is enforced. 

Æ 


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