U.S. policy says Cubans intercepted at sea must be sent back to Cuba - a land of no opportunity, refugees say - while Cubans who make it to dry land are eligible for asylum in the United States.
The policy is known as "wet-feet/dry-feet," and it explained the Cuban swimmer's determination to remain in the water Thursday - trying to make it to dry land in the Florida Keys.
The Coast Guard boat circled the swimmer for more than an hour as he treaded water before the exhausted man surrendered and was taken into custody.
In an interview with Fox News, Rep. Lincoln Diaz-Balart, R-Fla., said his heart goes out to the swimmer.
But he said it's important to keep in mind the reason men like this are fleeing Cuba.
"Cuba was one of the most prosperous countries in the hemisphere before the destruction by [Cuban dictator Fidel] Castro, and it will in the future be again one of the most prosperous countries," he said, noting there won't be any more rafters once Castro's "Orwellian-style repression" is gone.
He said the only solution to the Cuban exodus is for the U.S. and the international community to "end the totalitarian nightmare that Cuba's been living for 44 years" and encourage a free, democratic and prosperous Cuba.
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