Cuban Migrants Still Aboard Coast Guard Cutter, Awaiting Answers

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SUGARLOAF KEY (CBSMiami) -- Questions remain for the 19 Cuban migrants caught hanging out on the American Shoal Lighthouse about five miles off Sugarloaf Key.

They found themselves in a standoff with the U.S. Coast Guard on Friday, swimming to the lighthouse and climbing on top as the Coast Guard approached their home-made boat.

Hours later, the migrants gave in and came down off the lighthouse, boarding the Coast Guard Cutter.

Now, their status is in limbo.

"At this point, we're trying to enter into a dialogue with the government to see if they will allow these people to remain here," said Democracy Movement leader Ramon Saul Sanchez, who showed up at the Coast Guard station in Miami Beach.

The migrants have remained on that Coast Guard ship, which is out at sea, as the government tries to figure out if the lighthouse, in U.S. waters, is considered "making it to shore" in the wet-foot, dry-foot policy.

If the answer is "no," they will be sent back to Cuba.

"The attorneys are working together with the relatives here to see if we can present an injunction order as soon as possible or some kind of legal recourse to stop the repatriation while the court can decide if these people are dry foot because they were in a structure that is part of the united states." said Sanchez.

A similar situation happened 10 years ago when a group of Cuban migrants made it to the old Seven Mile Bridge just below Marathon Key.

In that case, they were first sent back to Cuba because officials deemed that making it to the bridge column in the water was not the same as making it to shore.

However, after going back to Cuba, a judge ended up reversing that decision. Supporters for the migrants hope the same decision will be made in this case.

"The judge considered the Seven Mile Bridge part of the U.S. and, in this case, we believe that the lighthouse is also part of the U.S.," Sanchez added.