From Mariel into the Twenty-First Century: The Indefinite Detention of Cuban Excludable Aliens in the United States

• NCJ Number: 166931
• Journal: New England Journal on Criminal and Civil Confinement Volume: 22 Issue: 1 Dated: (Winter 1996) Pages: 139-174
• Author(s): M A Satin
• Date Published: 1996
• Length: 36 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This paper explores a possible plan that could be of value to both the United States and to currently detained excludable aliens; the proposal aims to avert the criminal activity of paroled excludable aliens by giving them productive alternatives.

Abstract

In 1980, 125,000 refugees flooded into the United States from the port of Mariel, Cuba. Refugees were detained at the border and were later excluded from the United States by the Immigration and Naturalization Service. The refugees were divided into two sub-classes and held different immigration status. The first group consisted of aliens guilty of crimes committed on Cuban soil prior to their emigration, as well as aliens who were mentally incompetent. This group has never been paroled into the United States. This paper focuses on the remainder of Mariel refugees who comprised the second group: those who, because there was no evidence of criminal or mental defect, were paroled, but whose parole was subsequently revoked. This parole was revoked primarily when Cuban excludable aliens, while on immigration parole, committed crimes on American soil. After these Cubans served full sentences for these offenses, their immigration parole was revoked, and their indefinite detention began. They have, therefore, been deemed "excludable aliens" and have been indefinitely detained pending a determination of what should be done with them. This paper proposes that instead of using tax dollars to maintain the perpetual incarceration of these aliens, the United States should adopt a program from which both the United States and the aliens may benefit. A program should be instituted whereby certain excludable aliens will be admitted into the armed services and others admitted into an updated version of the Civilian Conservation Corps; successful service in these arenas would be a means of gaining U.S. citizenship. 236 footnotes