A Cuban supporter waves a Cuban flag in front of the country’s embassy after it re-opened for the first time in 54 years July 20, 2015, in Washington, D.C.Mark Wilson / Getty Images
The Trump administration is threatening to unleash a flood of lawsuits involving Cuba, which no U.S. president has ever done. It has set a deadline of March 2 to announce whether it will create, in the words of the National Lawyers Guild, “a second embargo” of Cuba — “one that would be very difficult to dismantle in the future.”
Trump may give current U.S. citizens standing to sue in U.S. courts even if they were Cuban citizens when the Cuban government nationalized their property after the 1959 Revolution. They would be able to bring lawsuits against U.S. and foreign companies that allegedly profit from the nationalized properties.
In accordance with international law, the Cuban government had offered compensation to U.S. nationals for the taking of their property, as I explain below. If Trump permits myriad new lawsuits to proceed, it would unleash a tsunami of litigation that would harm U.S. companies and punish the Cuban people even more.