Watch CBS News

Feds Won't Send Cubans Back Until Legal Decision Is Made

Follow CBSMIAMI.COM: Facebook | Twitter

MIAMI (CBSMiami) -- Attorneys fighting on behalf of Cuban migrants found on a Florida Keys lighthouse, say the government has promised not to send them back to the island nation until legal proceedings are complete.

The Coast Guard brought 21 Cubans down from the American Shoal Lighthouse several miles off Marathon key last week.

Earlier this week, Cuban exile activist group The Democracy Movement filed a federal injunction demanding the Coast Guard allow the Cubans to stay in the United States under the Wet Foot, Dry Food policy.

Related: Debate Over Cubans' Arrival Heads To Federal Court

There is still a debate on whether or not the lighthouse is considered U.S. soil. If it isn't, they 'll be sent back.

Attorneys for the Cubans are relying on a 2006 federal court settlement in which a group of Cuban migrants made it to the old 7-Mile-Bridge and the judge allowed them to stay. They are claiming the judge's decision set precedent but legal experts argue the previous federal judge agreed to a settlement to allow those Cubans to be given visas, but that the judge never weighed in on whether the bridge was considered U.S. soil.

Until the decision is made, the Cubans will remain out at sea, on board a U.S. Coast Guard cutter.

A status hearing is set for Friday afternoon in federal court.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.