political asylum, Cuba is a communist country that restricts rights and prevents travel
right, wrong or indifferent, that's how our laws treat things
furthermore, I would suggest asking for permission to enter our country is a tad bit different than crossing the borders trying to conceal your entrance
PS: I don't think it's plausible to deport 12 - 20 million people, and I'm for legislation to mainstream them. However, I'm totally opposed to any and all immigration reform proposals until we close our borders. You don't give a person who's bleeding to death a heart transplant. With open borders, whatever problem we solve today will be back in 5 years, and we'll be having the same discussion all over again.