The Trump administration has ramped up its zero-tolerance policy against immigration fraud, focusing efforts on identifying and prosecuting misuse of the Cuban Adjustment Act (CAA), a law that has historically benefited thousands of Cuban immigrants. This week, the Department of Justice (DOJ) filed a civil denaturalization lawsuit against an Argentine citizen, marking another step in the federal effort to safeguard the integrity of U.S. immigration processes.
This legal action is part of a broader strategy aimed at dismantling networks that have exploited legal loopholes to gain immigration benefits for years.
Argentine Citizen Accused of Posing as Cuban to Gain U.S. Citizenship
Café Fuerte reported on the case involving Fernando Adrián Moio Bartolini, a 50-year-old resident of Windermere, Florida. According to federal court documents filed in Orlando, Moio Bartolini fraudulently obtained U.S. citizenship by posing as a Cuban and exploiting the CAA.
Authorities disclosed that the accused entered the United States on a visitor visa and subsequently purchased a fake Cuban birth certificate and a counterfeit Cuban passport. He used these documents to apply for permanent residency as a Cuban national, eventually becoming naturalized as a U.S. citizen. In 2013, he was convicted of passport fraud and admitted to using false documents to secure his immigration status. The case resurfaced when Moio Bartolini attempted to enter the U.S. from Medellín, Colombia, through Miami International Airport, where a Customs and Border Protection officer detected his Argentine accent.
"The Department of Justice is dedicated to maintaining the integrity of U.S. citizenship and will vigorously pursue the denaturalization of fraudsters who lie to obtain immigration benefits," stated Deputy Assistant Attorney General Brett A. Shumate. The DOJ views civil denaturalization as a crucial tool to ensure immigration fraud does not go unpunished.
Cuban Adjustment Act Remains Unchanged Amid Other Immigration Suspensions
Despite the Argentine case reigniting discussions about fraud under the Cuban Adjustment Act, it is important to note that the CAA has neither been altered nor suspended and remains protected by U.S. law. Although there have been temporary suspensions of the humanitarian parole (CHNV) and Cuban Family Reunification Parole (CFRP) programs, the CAA is fully operational.
In effect since 1966 and codified in the 1996 Helms-Burton Act, the law can only be changed or repealed by the U.S. Congress. The status adjustment under the CAA remains unaffected, allowing Cubans entering the U.S. with valid parole and fulfilling a year of physical presence to continue applying for legal permanent residency without hindrance.
Moreover, the CAA is not subject to executive orders, meaning neither Donald Trump nor any other president can revoke it by decree. Its repeal would require three key conditions: a democratic change in Cuba, free elections, and the release of all political prisoners—conditions that are currently unmet.
Advice for Migrants: Stay Informed and Avoid Fraud
Immigration authorities advise Cuban migrants to stay informed through official channels and reliable media sources to avoid falling victim to fraud networks or misinformation that promise quick immigration benefits in exchange for money. While the Trump administration intensifies its crackdown on immigration fraud, legal access through the Cuban Adjustment Act remains a viable and secure option for those who meet the law's established requirements.
Understanding the Cuban Adjustment Act and Immigration Fraud
What is the Cuban Adjustment Act?
The Cuban Adjustment Act is a U.S. law enacted in 1966, allowing Cubans who enter the United States legally and meet certain requirements to apply for permanent residency after one year.
Can the Cuban Adjustment Act be revoked by the President?
No, the Cuban Adjustment Act cannot be revoked by the President. Any changes or repeal require congressional action.
What are the DOJ's efforts against immigration fraud?
The DOJ is actively pursuing cases of immigration fraud, including civil denaturalization lawsuits, to maintain the integrity of U.S. citizenship and immigration processes.