DEMOCRACY MOVEMENT’S LEGAL TEAM WILL CONTINUE LEGAL BATTLE FOR THE LIGHTHOUSE CUBAN RAFTERS DESPITE DENIAL BY THE JUDGE OF THE EMERGENCY INJUNCTION THIS MORNING.
Although disappointed with the decision of the Court denying the Emergency Injunction petition, the Democracy Movement appreciates the extensive
consideration given by the Court to our case evidenced by a 35 page decision.
Having denied the Emergency Injunction petition, the case remains before the COlli pending final adjudication on the merits that could result in the opportunity for the Cuban rafters to be able to reunite with their loved ones and live in freedom after fleeing Cuba’s dictatorial regime.
Judge Gayles noted that he “neither approves nor disapproves the Executive Branch’s decision that the Cuban migrants in this case do not qualify for refugee processing as dry foot arrivals … ” adding “Developments and revisions of immigration and foreign policy are left to the United States. “
These men and woman have real fear of persecution if retuned. The repressive conditions that they will confront if repatriated are aptly described by Judge Gayles who concludes the order
by finding that “We acknowledge as a widely accepted truth that Cuba violates human rights, and fundamental freedoms, and does not guarantee the rule of law to people living in Cuba …. the principal human rights abuses include the abridgement of the ability of citizens to choose
their government, the use of government threats, physical assaults, intimidation, and violent government organized counter protest against peaceful dissidents; and harassment and detentions to prevent free expression and peaceful assembly” Order at page 34.
Movimiento Democracia will not abandon its efforts on behalf of the rafters. As a next step in the legal battle, the Democracia Legal Team will request an Emergency Stay of the Cuban rafters pending the proceedings in Court that lay ahead still unaddressed by today’s ruling. There will
be a request for a fast trial setting.
As it has been announced, the Court has ordered a status conference to take place on Thursday, June 30, 2016 at 11 :00 AM in the Federal Courthouse, 400 North Miami Avenue, Miami, Florida. Here the Legal Team will have an opportunity to further continue the legal battle for the justification of the rafters to stay in the United States as the arguments are reinforced to establish that the lighthouse is indeed an integral part of the US territory for immigration purposes as well.
Also, we are grateful for the extent of time the Government has allowed the Cuban rafters to remain onboard the cutter awaiting a decision and pray that they are not repatriated until all legal recourses in the case are extinguished.
The Democracy Movement expresses its gratitude to the Democracia Legal Team that has devoted its time and resources pro-bono to defend the case of the Lighthouse rafters and the family reunification that could result out of it if they prevail in their legal battle.
Following are the names of the members of the Democracia Legal Team:
Virlenys H. Palma
Ricardo Martinez Cid
For The Executive Committee
Ramon Saul Sanchez
President Democracy Movement
735 SW 35TH Avenue Miami, Florida 33135 Tel. 305-785-0669