Today, the Cuban Official Gazette unveiled new laws on Migration, Citizenship, and Foreign Affairs, which were approved by the National Assembly in July 2024. Among the most notable changes in this new legal framework is the official establishment of the Migration Police as a specialized law enforcement body with authority across the entire nation.
The three laws, initially approved on July 19, 2024, but only made public now, appear in the Official Gazette No. 39. They are accompanied by Decrees 136 and 137 of 2025, providing regulatory guidelines, along with Resolution 24/2025 from the Ministry of the Interior (MININT).
Under Title XI of the Migration Law 171/2024, the Migration Police is explicitly recognized as part of the Department of Identification, Migration, Foreign Affairs, and Citizenship (DIMEC) within the MININT. Their responsibilities extend well beyond mere border control.
Article 139 of the law outlines the roles of this body, which include preventive duties, assisting migrants, safeguarding their rights, maintaining social discipline and public order, and ensuring the enforcement of court and immigration authority decisions concerning foreigners.
The regulations detailed in Decree 136/2025 clarify that the Migration Police possesses national jurisdiction. They are authorized to operate not only at borders but also in hotels, workplaces, rental properties, public events, streets, airports, ports, and highways.
According to Article 331 of Decree 136/2025, the police can request identification documents from individuals anywhere within the national territory.
One particularly striking aspect is their reach over Cuban citizens. Article 139.4 empowers the Migration Police to "detain, question, and extract statements from Cuban citizens involved with foreigners in unlawful acts or who may serve as witnesses."
The regulations also specify that the force will have its own uniforms, firearms, handcuffs, and vehicles marked with the DIMEC logo and the "Migration Police" designation.
The term "Migration Police" was already present in the draft law approved in July 2024, with an Article 139 nearly identical to what is now published.
The difference now is that this is no longer a proposal but an actual law published in the Official Gazette, complete with regulations detailing expanded functions not present in previous legislation.
The previous legislation, the Migration Law 1312 of 1976 and its amendments, acknowledged the Department of Identification, Immigration, and Foreign Affairs, and "Immigration Officers," but did not define a specialized police force with nationwide authority under this name.
This new legal framework also introduces other significant changes: it removes the 24-month overseas residency limit that automatically classified Cubans as "emigrants," establishes the concept of Effective Migration Residency, and allows for dual citizenship without losing Cuban nationality.
Simultaneously, the law consolidates extensive state control, including numerous reasons for barring Cuban citizens from leaving the country, such as preserving a "qualified workforce" and protecting "official information," as well as grounds for inadmissibility that involve actions against the Cuban political system.
Although these laws were passed by the Cuban parliament nearly two years ago, they remained unpublished, leading to unusual circumstances such as the need for an urgent decree-law in March 2026 to facilitate the migration status of Investors and Businesspersons from the Cuban diaspora.
The regulations will take effect 180 days after their publication in the Official Gazette, setting the approximate effective date in November 2026. During this period, the MININT must adjust its systems and structures to comply with the new regulations.
Understanding Cuba's New Migration Regulations
What is the role of the Migration Police in Cuba?
The Migration Police in Cuba is tasked with preventive duties, assisting migrants, protecting their rights, maintaining social discipline and public order, and ensuring the enforcement of decisions by courts and immigration authorities regarding foreigners.
How does the new law affect Cuban citizens?
The law allows the Migration Police to detain, question, and take statements from Cuban citizens involved in illegal activities with foreigners or who can provide testimony, extending their reach beyond border control.
What changes does the new migration law introduce?
The new migration law abolishes the 24-month overseas residency limit that classified Cubans as emigrants, introduces the concept of Effective Migration Residency, and allows dual citizenship without forfeiting Cuban nationality.