Attorney Threatens To Sue U.S. Over Wet/Dry Policy

Attorney Threatens To Sue U.S. Over Wet/Dry Policy

Two Women Die When Boat Trying To Reach U.S. Capsizes
POSTED: 11:17 am EST November 9, 2005
UPDATED: 2:37 am EST November 10, 2005

MIAMI -- The U.S. government and Coast Guard could soon become the focus of a landmark lawsuit after two women aboard an overloaded boat died while trying to reach the Florida coast on Sunday.
Thirty-seven people went into the straits of Florida after the boat carrying them from Cuba capsized. The Coast Guard rescued 35 people, but two women died.
Images: Boat Capsizes As Coast Guard Cameras Roll
"In that moment, it took them a long time to get into the water and take those people out, my grandmother and my aunt," said Days Yero, who was also on the boat.
Immigration attorney Eduardo Soto says he's taking on the case and threatening to sue U.S. officials, concentrating on the government's Wet Foot, Dry Foot policy.
Under the Wet Foot, Dry Foot policy, Cubans who touch land can remain in the U.S., but those who do not make it to land are sent back to Cuba.Opponents of the policy argue that it forces the Coast Guard to aggressively pursue boats coming to the U.S. from Cuba, thus endangering those onboard the boats.
If the case is heard, the Coast Guard would have to stop repatriating Cubans during litigation.
That means the surviving 35 refugees from Sunday's voyage, might be able to stay in the U.S. indefinitely.
Meanwhile, the captain of the boat that capsized was released Tuesday night.
NBC 6's Hank Tester reported that it was presumed that the man would be charged with smuggling. The captain told the media Wednesday that he didn't know why he was released, but he had not committed a crime.
Phone calls to the U.S. Attorney's Office concerning why the captain was released were not returned Wednesday, Tester reported. Immigration officials told NBC 6 the captain was never "detained."
The family of the two women who died on the voyage said they were happy that the man was released.
"I'm really happy for him and for all of us. I think it's a signal that we're going in the right way," Yero said. "We're going to keep on fighting because my family that are on the Coast Guard boat -- I think they should be here with us right now. I think they should be with my grandmother and my aunt."
The family was making funeral arrangements for the two women.

http://www.nbc6.net/news/5286967/detail.html