Justices Weigh Legal Status of Cuban-Expropriated Assets Dating Back to 1960

More than six decades after Fidel Castro's revolutionary government began seizing American-owned assets, the legal battle over those properties reached the U.S. Supreme Court. Among the claimants is the Havana Docks Company, whose port operations were taken at gunpoint in 1960, a loss for which it has never been compensated.

The company’s path to the high court was paved by a policy change during the Trump administration, which allowed it to sue major cruise lines. These companies had begun docking at the seized facility and bringing hundreds of thousands of U.S. tourists to Havana after the Obama administration loosened travel restrictions in 2016.

The case, filed in 2019, was heard on Monday alongside a similar dispute involving Exxon Mobil, which is seeking redress for oil and gas assets nationalized by the Castro regime. The proceedings arrive at a moment of heightened tension between Washington and Havana, as the U.S. government has recently intensified economic pressure on the island nation by targeting its tourism sector and restricting fuel shipments.

At their core, the cases hinge on narrow but significant legal questions: To what extent can U.S. citizens seek compensation in American courts from entities that currently profit from property expropriated by the Cuban government? The answer could affect thousands of similar claims.

Observers suggest the implications extend beyond the courtroom. “President Trump will be listening for the outcome,” said John S. Kavulich, president of the U.S.-Cuba Trade and Economic Council. A ruling in favor of the companies, he noted, could discourage foreign investment in Cuba and provide the administration with significant leverage, effectively putting “pressure on Cuba to make the changes Trump wants.”

During oral arguments, the justices grappled with complex issues of presidential power and decades of U.S. foreign policy. After three hours of lively debate, the court's direction remained unclear, though several members appeared sympathetic to the claims of Havana Docks.

Justice Amy Coney Barrett described the seized assets as "kryptonite"—effectively off-limits for commercial use until the original owner is compensated. Justice Ketanji Brown Jackson echoed that sentiment, calling the argument for the company "pretty straightforward."

The Justice Department has sided with the businesses, filing briefs in support of both Havana Docks and Exxon. It argues that the lawsuits, first authorized by Congress in the 1990s, serve as a vital foreign-policy tool to deter investment in Cuba and maintain pressure on its government.

February 21, 2026