In a memorandum issued in late April, the INS clarified its position on the treatment of undocumented Cubans arriving in the U.S. The purpose of the memorandum was to make explicit that Cubans arriving at places other than designated ports of entry (air ports, sea ports, etc.) must receive the same treatment as Cubans to do arrive at such designated ports.

Under the Cuban Adjustment Act, passed in 1966, Cubans who arrive in the U.S. are given parole and after one year are eligible to apply for permanent resident status. A grant of parole also includes work authorization. The clarification was necessary following the passage of IIRIRA in 1996, which created questions about the treatment of Cubans who did not arrive at regular ports of entry.