Cuba published three new laws on migration, citizenship and foreign nationals on May 5, 2026. For Cubans who live in the United States, they change how Cuba classifies residence abroad, and, according to the Interior Ministry, remove the time limit on visits; they also address expired passports and dual citizenship. This page summarizes what the published text and the Cuban government say, with each point attributed.

What was published and when

The Gaceta Oficial No. 39 Ordinaria of May 5, 2026 lists six texts:

TextSubject
Ley 171 of 2024Migration Law (Ley de Migración)
Ley 172 of 2024Citizenship Law
Ley 173 of 2024Foreign Nationals Law (Ley de Extranjería)
Decreto 136 of 2025Regulation of Ley 171
Decreto 137 of 2025Regulation of Ley 173
Resolución 24 of 2025 (Interior Ministry)Regulation of the Citizenship Register

Ley 171 was approved by the National Assembly on July 19, 2024. Each of the three laws says it “enters into force 180 days after its publication in the Gaceta Oficial” (our translation) (legal text, PDF). A MINREX article dated July 21, 2026, republishes a Cubadebate interview with Colonel Mario Méndez Mayedo, head of the Interior Ministry’s Directorate of Identification, Immigration and Foreign Nationals, who says the laws take effect in November.

Who counts as living abroad

  • Two categories. Ley 171, Article 26, says Cuban citizens are either residents in the national territory or residents abroad. Retention of national-resident status for work, health or study is described in Keeping Cuban residence during a prolonged stay abroad. The requested change from Emigrado to Residente en el Exterior is described in Cuba: changing Emigrado status to resident abroad.
  • Effective migratory residence. Article 22.1 defines residencia efectiva migratoria as the condition of Cuban citizens taking part in the migratory process, and of foreign residents, who in the year before the date of the request, spent most of their time in Cuba.
  • The day counts in the regulation. Decreto 136, Article 43.1, says the migration authority (DIMEC) determines effective residence on its own initiative when a person accumulates more than 180 calendar days in Cuba during the previous year. Article 46.1 says a request for recognition is approved with more than 120 calendar days of physical presence in the previous year plus other acts showing an interest in living in Cuba.
  • MINREX’s wording differs slightly. The interview describes the thresholds as “180 days or more” and “at least 120 days” with real ties (family, work, economic or property). The decree text says “more than”.

Visits: no more stay extensions

In the MINREX interview, the Interior Ministry says that, until now, Cubans living abroad had to keep to their authorized stay and request an extension (prórroga) to stay longer. Under the new legislation, it says, they will be able to stay in Cuba as long as they wish, without requesting extensions. The 24-month rule, which applies until the new law takes effect, concerns time spent outside Cuba; see expired passport and the 24-month rule for the dated notices behind it.

Passports and travel documents

  • Valid passport rule. Ley 171, Article 87.1, says Cuban citizens must hold a valid passport or equivalent document issued in their name to leave or enter Cuba.
  • Expired-passport exception (MINREX). The interview says that, as an exception, Cuban citizens will be able to enter Cuba with an expired passport, but must obtain a new document before leaving again.
  • Replacing it in Cuba. Article 152.1 says Cuban residents abroad who arrive with an expired passport, or one with no pages left, can apply for a new document at Interior Ministry processing offices or through authorized collective law offices and international legal consultancies.
  • Validity and price. The interview says validity stays at 10 years for people over 16 and five years for younger people, and that the cost is not regulated by the law. Ley 171’s fifth transitional provision keeps current migration document taxes and consular fees in force until new regulations set them. Current fees: passport renewal.

Citizenship

  • No loss through another citizenship. Ley 172, Article 14.1, says acquiring another citizenship does not imply the loss of Cuban citizenship; while in Cuban territory, Cuban citizens are governed by that condition and cannot make use of a foreign citizenship.
  • Recovery once. Article 57 says Cuban citizenship can be recovered once (por única vez), subject to the law’s requirements. Article 58 lists them, including proof of the loss or renunciation and that the causes no longer exist, and (letter c) a period of “up to five years” from the date the loss or renunciation was approved. The MINREX interview describes the same period as “at least five years”. The two texts use different wording; the law’s text is the one quoted here.
  • By descent. Rules for people born abroad to Cuban parents are in Ley 172; see Cuban citizenship by descent. The renunciation procedure in Articles 46–50 is described in Renouncing Cuban citizenship under the 2026 laws.

What the laws replace

Each law’s third final provision lists what it repeals:

  • Ley 171 (Migration) repeals Ley 1312, the 1976 Migration Law, and decree-laws 302 (October 11, 2012) and 327 (January 31, 2015).
  • Ley 172 (Citizenship) repeals Decreto-Ley 352 (December 30, 2017), on citizenship by birth for people born abroad to a Cuban parent, and Decreto 358 of 1944, the citizenship regulation.
  • Ley 173 (Foreign Nationals) repeals Ley 1313, the 1976 Foreign Nationals Law.

Sources

Last verified: 2026-10-23. This is general information, not legal advice. Consult an attorney for your specific situation.