Movimiento Democracia, Inc. v. Johnson, Secretary of the Department of Homeland Security

193 F. Supp. 3d 1353 (2016)

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Movimiento Democracia, Inc. v. Johnson, Secretary of the Department of Homeland Security

United States District Court for the Southern District of Florida
193 F. Supp. 3d 1353 (2016)

AR

Facts

A group of Cuban migrants temporarily found shelter on the American Shoal Lighthouse off the coast of the Florida Keys. The lighthouse was seven miles from the coast, abandoned, and stood in over four feet of water. The United States Coast Guard picked up the migrants, who asked to be treated as “dry foot” migrants under the Cuban Adjustment Act of 1966. “Dry foot” migrants were Cuban migrants who had reached dry land in the United States. “Wet foot” migrants were Cuban migrants stopped in the ocean. “Dry foot” migrants were allowed to apply for residency in the United States, while “wet foot” migrants were sent back to Cuba. Movimiento Democracia, Inc. (plaintiff) sued to get the migrants classified as “dry foot” migrants. The United States argued that reaching the lighthouse was not enough to qualify as a “dry foot” migrant.

Rule of Law

Issue

Holding and Reasoning (Gayles, J.)

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