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Keywords

plaintiffinjunctionmotionasylumimmigration law
plaintiffstatuteinjunctionmotionjudicial review

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Movimiento Democracia, Inc., v. Johnson

Facts

The principal plaintiffs in this case are Cuban migrants who temporarily found sanctuary on the American Shoal Lighthouse off the coast of the Florida Keys on May 20 and 21, 2016. They were interdicted by the Coast Guard after attempting to escape from a boat. The Coast Guard determined that their presence on the Lighthouse was a 'wet-foot situation' and that they should be repatriated to Cuba, leading to the legal dispute over their status and rights under U.S. immigration law.

The American Shoal Lighthouse (the 'Lighthouse') began operating on July 15, 1880. It is located over seven miles south of Sugarloaf Key, Florida, within the territorial sea of the United States. It stands 109 feet in height, with nine legsdrilled into the coral reef on the seabed and remaining submerged at all timesthat support a prefabricated iron-and-wrought-iron permanent structure.

Issue

The main legal issue before the Court is whether reaching the American Shoal Lighthouse qualified the migrants for relief pursuant to the Cuban Adjustment Act and whether the Coast Guard properly determined that the migrants' situation was 'wet foot' under Executive Branch policies.

Specifically, the Court must decide whether the Coast Guard properly determined that the migrants' situation was 'wet foot' under Executive Branch policies and whether, apart from that administrative determination, the migrants qualify for any protections under the Constitution.

Rule

The benefits of the Cuban Adjustment Act can only apply to those Cubans who reach United States soil (those with 'dry feet'), while Cubans who are interdicted at sea (those with 'wet feet') are repatriated to Cuba.

The benefits of the CAA . . . can only apply to those Cubans who reach United States soil (those with 'dry feet') while Cubans who are interdicted at sea (those with 'wet feet') are repatriated to Cuba.

Analysis

The court analyzed the facts surrounding the migrants' presence on the Lighthouse and the Coast Guard's determination of their status. It considered the legal framework of the Cuban Adjustment Act and the 'Wet-Foot/Dry-Foot' policy, concluding that the Coast Guard's actions were consistent with established immigration law and policy regarding Cuban nationals.

In deciding this legal question, the Court is mindful of the proper role of federal courts in such matters. See Gonzalez v. Reno, 212 F.3d 1338, 1344 (11th Cir. 2000) ('Gonzalez I') ('[T]he case is mainly about the separation of powers under our constitutional system of government: a statute enacted by Congress, the permissible scope of executive discretion under that statute, and the limits of judicial review of the exercise of that executive discretion.')

Conclusion

The court denied the plaintiffs' motion for a preliminary injunction, affirming the Coast Guard's determination that the migrants were in a 'wet-foot' situation and thus not entitled to the protections of the Cuban Adjustment Act.

For the reasons that follow, Plaintiffs' motion for preliminary injunction is denied.

Who won?

The U.S. Coast Guard prevailed in the case, as the court upheld their determination that the migrants were in a 'wet-foot' situation, which meant they were subject to repatriation rather than being allowed to seek asylum.

District 7 of the Coast Guard determined that the Migrant Plaintiffs' presence on the Lighthouse was a 'wet-foot situation' that required repatriation to Cuba.

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