Travel Restrictions are Especially Harmful to Families During Holiday Season
FOR IMMEDIATE RELEASE:
December 17, 2008
CONTACT:
Brandon Hensler, Director of Communications, media@aclufl.org
MIAMI – The American Civil Liberties Union has prepared a 106-page transition plan for President-elect Barack Obama detailing the civil liberties violations that he can begin to roll back on day one, in the first 100 days, and in his first year. Included in the priorities are significant changes to Cuba Travel policies, which the ACLU has repeatedly called for.
Top line items include ending the heinous programs of torture and extraordinary rendition, and closing the Guantánamo Bay detention facility. But hitting close to home for many in Florida, particularly with the holiday season upon us, is ending the stringent Cuba travel restrictions on family visits that were put in place by the Bush administration in 2004.
“President-elect Obama has the chance to make a real difference on Cuba travel policies early on in his presidency, and we hope that he makes it a priority. The Bush administration’s harsh policies that limit the ability of Cuban-Americans to visit their families only serve to divide families and not bring an end to the regime in Cuba. These travel restrictions also stifle open dialogue, which will likely be the impetus for change. Nearly 50 years of failed policy toward our neighboring island nation has not ended Castro’s communist reign; it is time to evolve and find new ways to foster democracy and human rights in Cuba,” said Howard Simon, Executive Director, ACLU of Florida.
The ACLU of Florida has filed suit on travel restrictions to Cuba twice in federal court. In June, 2006 we challenged Florida’s unconstitutional ban on travel to Cuba for those conducting academic research. The lawsuit was filed on behalf of Florida International University’s Faculty Senate and six professors at several Florida universities challenging the ban enacted by the legislature in the 2006 Legislative Session, which was principally sponsored by Miami State House of Representative David Rivera. The ACLU won the lawsuit and the Travel Act has been enjoined, allowing professors and students to once again travel to Cuba using non-state funds, although the state has appealed to the Eleventh Circuit.
The ACLU of Florida is also involved in litigation with the ACLU of Vermont, ACLU of Massachusetts and the Center for Constitutional Rights (CCR), challenging severe restrictions imposed by the Bush Administration on travel to visit close family members in Cuba. The lawsuit was the first challenge to the U.S. government’s family visit restrictions, which were announced in 2004 but were challenged by four individuals who had urgent needs to visit with elderly or ill relatives.
The regulations prohibit Americans from visiting close family members in Cuba more than once every three years, instead of every year as had been the case for many years, even in emergency humanitarian situations. For the first time, the regulations also prevent Americans from visiting aunts, uncles or cousins at all. Anyone who violates the new rules could face fines of up to one million dollars and up to ten years in jail.
The U.S. embargo against Cuba has divided political and humanitarian groups for half a century. As the political landscape evolves and views on how to bring democratic reforms to one of the United States’ closest neighbors change, it is imperative that President-elect Obama take decisive action to repeal these policies that have only negative impacts on Cubans and Cuban-American families.
ACLU Recommendations:
• Direct the Treasury Department to immediately issue amendments to the Cuban Assets Control Regulations, part 515 of chapter V of 31 CFR, to allow financial transactions without a license for travel to Cuba for educational, cultural, artistic, religious and other purposes relating to the exchange of ideas and information.
• Direct the Treasury Department to immediately issue amendments to the Cuban Assets Control Regulations, part 515 of Chapter V of 31 CFR, to allow unlimited visits to family members in Cuba and to allow remittances to meet family needs.
• Restore regulations in effect prior to 2004 allowing fully hosted travel to Cuba for any purpose.
The Transition Plan’s section on travel to Cuba can be viewed at:
http://www.aclu.org/transition/#_cuba
Read the entire Transition Plan at: http://www.aclu.org/transition/
The American Civil Liberties Union (ACLU) of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our Web site at: www.aclufl.org.
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