The United States has enacted several volatile rounds of Cuba policy changes since the start of this year, as incoming Trump administration officials moved on January 20, 2025, to reverse measures enacted less than a week earlier by former President Joe Biden.
In a statement last Friday, newly confirmed Secretary of State Marco Rubio went further, announcing a series of additional actions designed to restore tough U.S. policies on Cuba.
Here is a summary of the tumultuous start of the new year for U.S.-Cuba relations.
State Sponsors of Terrorism (SST) List
On January 20, 2025, President Donald Trump reversed Biden’s January 14, 2025, decision to remove Cuba from the U.S. State Department’s list of State Sponsors of Terrorism (SST).[1], [2]
While Cuba has been on and off the SST list several times since President Ronald Reagan’s original 1982 decision to add Cuba for allegedly supporting various insurgent and terrorist organizations around the world, it has never happened in such rapid succession.[3]
The SST list is a U.S. foreign policy tool used by the U.S. Secretary of State to sanction countries that have repeatedly provided support for acts of international terrorism.
The primary effects of an SST designation include the application of four main categories of sanctions: restrictions on U.S. foreign assistance; a ban on defense exports and sales; controls on the export of dual-use items; and various financial and other restrictions.[4]
Another consequence of Cuba’s SST designation is an impact on foreign passport holders from the 42 countries that participate in the Visa Waiver Program (VWP), which waives U.S. entry visa requirements for leisure and business travelers. Under the VWP, travelers apply for a travel authorization through the Electronic System for Travel Authorization (ESTA).[5] ESTA holders from VWP countries who travel to Cuba while it is on the SST list often lose their eligibility for the program.
Travelers who are dual nationals of Cuba and a VWP country are likewise often not eligible to travel under an ESTA and must apply for a visa for entry into the United States.[6]
An approved ESTA may be revoked if it is later determined that a traveler has visited Cuba or holds dual nationality with both a VWP country and Cuba. Ineligibility for an ESTA is not a bar to travel to the U.S. nor does it constitute grounds for a visa denial. Individuals may apply for a visa at any U.S. embassy or consulate.[7]
Reinstatement of the Cuba Restricted List and Targeting of Cuban Financial Services Companies
On January 14, Biden revoked Trump’s 2017 National Security Presidential Memorandum 5 (NSPM-5). Among other things, NSPM-5 resulted in the publication of a Cuba Restricted List (CRL) comprised of Cuban entities determined by the Secretary of State to be under the control of, or operating on behalf of, the Cuban military, intelligence, or security services.[8], [9], [10]
On January 31, 2025, Rubio authorized the State Department to recreate and re-issue the CRL and add Orbit, S.A., a Cuban remittance-processing company, to the list. The revived CRL is also expected to include all entities that were on the list during the final week of the Biden administration. Based on prior practice, it is likely that U.S. companies will have 30 days before the rule takes effect to wind down engagements with those entities on the CRL and make alternative arrangements. The new list is expected to be published in the coming weeks.
Enforcement of Helms-Burton Title III
The Biden administration had previously suspended the Right to Bring an Action Under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, beyond January 29, 2025.[11]
On January 29, Rubio sent the appropriate congressional committees a letter withdrawing the prior administration’s letter regarding Title III of the LIBERTAD Act.[12]
Title III, also known as the Helms-Burton Act after its original sponsors, Representatives Jesse Helms and Dan Burton, creates a private cause of action noting that “any person that traffics in property confiscated by the Cuban Government on or after January 1, 1959, is liable for money damages to any U.S. national who owns the claim to such property.”[13]
Under the Act, the president may suspend Title III for a period of not more than six months and must report in writing to the appropriate congressional committees at least 15 days before the suspension is to take effect. Since its enactment in 1996, presidents of various administrations have successively suspended the Title III until Trump allowed the suspension to expire in 2019.
Statement on Human Rights
Lastly, Rubio’s January 31 press release states the U.S.’s policy in supporting human rights and fundamental freedoms in Cuba and promoting accountability for the Cuban government’s actions. The press release also reaffirms the U.S.’s demands for the release of all detained political prisoners and notes that the embassy in Havana is actively meeting with the families of those detained, as well as dissidents, to underscore U.S. support.
Immigration Policy Changes That Impact Cubans
The January 20, 2025, executive order Securing Our Borders and other recent changes to U.S. immigration policy have significantly impacted Cubans, along with migrants from other countries.
U.S. Customs and Border Protection (CBP) and U.S. Department of Homeland Security (DHS) have implemented many of those changes effective immediately.
Suspension of CBP One™ App
Pursuant to the executive order, CBP announced the end of the scheduling functionality within the CBP One™ mobile application and canceled all existing appointments. This change affects Cubans who were waiting for their chance to present themselves legally at the U.S. border. Hundreds of thousands of Cubans have had their appointments canceled.
The CBP One™ mobile application was a key scheduling tool and part of DHS’ efforts to incentivize noncitizens to use lawful, safe, humane, and orderly pathways and processes to obtain immigration benefits. Since its introduction in January 2023 through December 2024, more than 936,500 individuals have successfully scheduled appointments to present themselves for inspection at ports of entry instead attempting to enter the U.S. via illegal channels. The top nationalities processed through the CBP One™ are Venezuelan, Cuban, Mexican, and Haitian.[14]
Termination of CHNV Parole Program
Pursuant to that same executive order, the Trump administration terminated the humanitarian parole program, formally known as the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), implemented under the Biden administration. It provided a legal pathway for nationals from these countries, currently living outside of the U.S., to apply for admission to the U.S. for a temporary period of stay of up to two years, if they have a qualifying financial supporter in the United States. During the two-year parole period, these individuals may seek humanitarian relief or other immigration benefits, if they are eligible, and work during that time upon obtaining an employment authorization document.[15]
By December 2024, more than 531,690 Cubans, Haitians, Nicaraguans, and Venezuelans arrived to the U.S. on commercial flights and were granted parole. Notably, over 110,000 Cubans were vetted and authorized for travel to the U.S. and granted parole.[16]
As previously stated, CHNV Parole Program applicants must have a qualifying financial supporter in the U.S., as a prerequisite to obtaining parole. In light of the executive order, USCIS announced a pause in acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, until it reviews all categorical parole processes as required by that order.[17] Although no formal announcement has been made, the Trump administration may revoke the parole status of those foreign nationals inside the U.S. under the CHNV program. This could affect many Cubans who entered the country legally under this initiative and have not yet qualified for a change of status under the Cuban Adjustment Act or otherwise.
The cancelation of the CHNV Parole Program does not currently affect the following parole programs that are still active and for which Cubans may continue to apply depending on eligibility:
- Humanitarian Parole, which allows individuals outside of the U.S. to request parole for urgent humanitarian reasons or a significant public benefit.[18]
- The Cuban Family Reunification Parole (CFRP) Program, which allows certain eligible U.S. citizens and lawful permanent residents to apply for parole for their family members in Cuba.[19]
Expansion of Expedited Removals
The Trump administration has authorized DHS, the Department of Justice, and the Department of State to take all necessary action to immediately repel, repatriate, and remove illegal aliens across the southern border of the United States.[20] Expedited removal is a process that allows the U.S. government to summarily deport foreign nationals without a formal hearing before an immigration judge, if they are deemed inadmissible under specific sections of the Immigration and Nationality Act, including arriving aliens at U.S. ports of entry lacking valid entry documents; aliens who entered unlawfully by sea and have been in the U.S. for less than two years; and aliens apprehended within 100 miles of the U.S. border within 14 days of entry who have not been admitted and paroled.
This policy could potentially affect Cubans who entered the U.S. without inspection within the last two years. In fact, even an alien who has established a credible fear of persecution or torture in their country of origin, and, thus, is transferred from expedited to full proceedings, must remain in custody without release on bond until removal proceedings conclude, unless DHS grants the alien parole for urgent humanitarian reasons or significant public benefit.
Relatedly, Cubans should be aware that CBP and U.S. Immigration and Customs Enforcement (ICE) are increasingly issuing Form I-220A, Order of Release on Recognizance, instead of humanitarian parole to Cubans seeking admission at ports of entry. As a result, Cubans, who would otherwise qualify for adjustment of status under the Cuban Adjustment Act of 1966 (CAA), are no longer eligible for that immigration benefit.[21] The CAA allows Cuban natives or citizens who have been inspected and admitted into the U.S., who have been physically present in the U.S. for at least one year, and who meet certain other eligibility requirements to apply to become lawful permanent residents (obtain a green card). Cubans who were issued Form I-220A are not considered to have been “inspected and admitted or paroled” as required by the CAA, and, therefore, are not eligible for a green card under the CAA.[22]
[1] Trump Rescinds Biden Executive Orders https://www.whitehouse.gov/presidential-actions/2025/01/initial-rescissions-of-harmful-executive-orders-and-actions/
[2] Biden Administration removal of Cuba from the State Sponsors of Terrorism List on January 14, 2025 https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2025/01/14/certification-of-rescission-of-cubas-designation-as-a-state-sponsor-of-terrorism/
[3] Cuba Country Report 2020 https://www.state.gov/reports/country-reports-on-terrorism-2020/cuba/
[4] State Sponsors of Terrorism List https://www.state.gov/state-sponsors-of-terrorism/
[5] Visa Waiver Program, Impact of SST List on ESTAs https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
[6] CBP FAQ: How does Cuba’s designation as a State Sponsor of Terrorism impact my travel to the United States under the Visa Waiver Program? https://esta.cbp.dhs.gov/faq
[7] Foreign Affairs Manual; 9 FAM 201.1-4(C)b.
[8] Revocation of Cuba Restricted List https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2025/01/14/memorandum-on-the-revocation-of-national-security-presidential-memorandum-5/
[9] National Security Memorandum 5, 2017 https://www.federalregister.gov/documents/2017/10/20/2017-22928/strengthening-the-policy-of-the-united-states-toward-cuba
[10] Cuba Restricted List https://www.state.gov/cuba-sanctions/cuba-restricted-list/. The list is presently unavailable but is expected to be published anew in the coming weeks.
[11] Biden Administration Suspension of Helms-Burton, Title III to LIBERTAD Act; https://bidenwhitehouse.archives.gov/briefing-room/statements-releases/2025/01/14/letter-to-the-chairmen-and-chair-of-certain-congressional-committees-on-the-suspension-of-the-right-to-bring-an-action-under-title-iii-of-the-cuban-liberty-and-democratic-solidarity-libertad-act-of/
[12] Secretary of State, Marco Rubio Statement on Restoring Cuban Sanctions https://www.state.gov/restoring-a-tough-u-s-cuba-policy/
[13] Text of LIBERTAD Act of 1996 https://ofac.treasury.gov/media/5706/download?inline
[14] CBP Monthly Update December 2024, available at https://www.cbp.gov/newsroom/national-media-release/cbp-releases-december-2024-monthly-update
[15] https://www.nyc.gov/site/immigrants/legal-resources/chnv-parole-program.page
[16] CBP Monthly Update December 2024, available at https://www.cbp.gov/newsroom/national-media-release/cbp-releases-december-2024-monthly-update
[17] https://www.uscis.gov/newsroom/alerts/update-on-form-i-134a
[18] https://www.uscis.gov/humanitarian/humanitarian_parole
[19] https://www.uscis.gov/humanitarian/humanitarian-parole/the-cuban-family-reunification-parole-program
[20] https://www.whitehouse.gov/fact-sheets/2025/01/fact-sheet-president-donald-j-trump-protects-the-states-and-the-american-people-by-closing-the-border-to-illegals-via-proclamation/
[21] Green Card Eligibility for Cubans, available at https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-a-cuban-native-or-citizen
[22]Form I-220A https://www.ice.gov/doclib/detention/checkin/I_220A_OREC.pdf
