CUBA Act of 2016

To repeal the Cuban Adjustment Act, Public Law 89–732 1. Short title This Act may be cited as the Correcting Unfair Benefits for Aliens Act of 2016 CUBA Act of 2016 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) On July 1, 2015, President Obama announced that Cuba and the United States would reopen their embassies and restore diplomatic ties. (2) Diplomatic relations between the two countries were formally reestablished July 20, 2015, when the United States and Cuba reopened their respective embassies. (3) The International Business Times reported on September 10, 2015, that Texas is on pace this year to set a new record for the number of Cubans trying to enter the United States through the Lone Star State, with about 60 percent more migrants from the island nation making the trip in 2015 compared to one year before. (4) The Obama Administration has reestablished relations with Cuba, and that, therefore, the special treatment Cuban nationals receive under the Cuban Adjustment Act, the Immigration and Nationality Act, the Cuban Family Reunification Program and the Wet Foot/Dry Foot policy are no longer applicable and fail the urgent humanitarian reasons significant public benefit (b) Sense of Congress It is the sense of Congress that Cuban nationals should be treated under the same immigration rules as nationals of other countries with which the United States has diplomatic relations and should not receive preferential treatment. 3. Repeal of the Cuban Adjustment Act (a) Repeals of relevant statutes (1) Repeal of limitation on repeal of Cuban Adjustment Act Section 606 of title VI of division C of Public Law 104–208 (2) Cuban Adjustment Act Public Law 89–732 is repealed. (b) Effective date The repeal made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply only to any alien admitted or paroled into the United States on or after the date of the enactment of this Act. 4. Certain activities restricted No funds, resources, or fees made available to the Secretary of Homeland Security, the Secretary of State, or to any other official of a Federal agency, by this Act or any other Act for any fiscal year, including any deposits into the Immigration Examinations Fee Account 8 U.S.C. 1356(m) Cuban Family Reunification Parole Program 5. Certain Cubans entrants ineligible for refugee assistance (a) In general Title V of the Refugee Education Assistance Act of 1980 ( 8 U.S.C. 1522 (1) in the heading by striking Cuban and (2) in section 501— (A) by striking Cuban and (B) in subsection (e)— (i) in paragraph (1)— (I) by striking Cuban/ (II) by striking Cuba or (ii) in paragraph (2), by striking Cuba or (b) Conforming amendments (1) Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1601 et seq. Cuban and Haitian entrant Haitian entrant (2) Immigration and Nationality Act Section 245A(h)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1255a(h)(2)(A) Cuban and Haitian entrant Haitian entrant (c) Applicability The amendments made by this section shall apply only in the case of a national of Cuba who enters the United States on or after the date of the enactment of this Act. 6. Report Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall submit to Congress a report which describes the methods by which the requirement under section 416.215 of title 20, Code of Federal Regulations, is enforced.

Summary: Correcting Unfair Benefits for Aliens Act of 2016 or the CUBA Act of 2016 This bill expresses the sense of Congress that Cuban nationals should be treated under the same immigration rules as nationals of other countries with which the United States has diplomatic relations and should not receive preferential treatment. The bill repeals P.L. 89-732, which provides for the adjustment of Cuban citizens or nationals to lawful permanent resident status in the United States. No funds, resources, or fees made available to the Department of Homeland Security, the Department of State, or to any other federal agency, including deposits into the Immigration Examinations Fee Account, may be used to implement or administer any of the policy changes set forth in the 2007 memorandum from U.S. Immigration and Customs Enforcement entitled "Cuban Family Reunification Parole Program." Cuban nationals who enter the United States on or after the date of enactment of this Act shall be ineligible for refugee/parolee assistance under the Refugee Education Assistance Act of 1980. Conforming amendments are made to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the Immigration and Nationality Act. The Inspector General of the Social Security Administration shall report to Congress describing methods for enforcing the loss of Supplemental Security Income eligibility by persons who are absent from the United States for at least one month.