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Gonzalez, Elian [1]
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Maria Echaveste's Files
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FOIA Number: 2012-0371-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Chief of Staff
Series/Staff Member:
Maria Echaveste
Subseries:
OA/ID Number:
19776
FolderID:
Folder Title:
Gonzales, Elian [1]
Stack:
Row:
Section:
Shelf:
Position:
S
23
6
3
3
FOIA Number: 2012-0371-F
Clinton Presidential Records
Foreign Language Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff to
identify the location of a document written in a foreign language
Foreign Language Marker
Collection: Clinton Presidential Records
Subgroup: Chief of Staff
Series: Maria Echaveste
Subseries:
Document Title Elian Gonzalez
Language: Spanish
Folder Title Gonzalez, Elian [1]
OA/ID: 19776
MARISLEYSIS
DÍ QUE QUIERES QUEDARTE AQUI.
SINO... 51 PERDEMOS EL WELFARE
YLAS DONACIONES not
Y NOSOTROS LOS
VOTOS
PRIMA
...Y NOSOTROS
CO.
POLITICOS
PERDEREMOS
HOLIC
PUBLICIDAD
ELIAN
MEDIOS
CHK
POR DINERO BAILA EL MONO
SARMEN HERNANDEZ
CLINTON LIBRARY PHOTOCOPY
CENTRAL Ave
HARRISON, N.J. 07029
Prostate
Cancer
Awareness
PM.-
12-MAY
2000
Annual
Checkups
and
MARIA ECHAVEZTI
Tests
The President's
I
I
SECRETARY.
THE WHITE HOUSE
WASHINGTON, DC 20500
05/02/00 TUE 11:33 FAX 202 541 3339
USCC
&
001
Mario - ELIAN FILE
ASTATES
UNITED
CATHOLIC
one copy
CONFERENCE
FAX TRANSMISSION
OFFICE OF INTERNATIONAL JUSTICE AND PEACE
3211 FOURTH STREET, N.E.
WASHINGTON, D.C. 20017-1194
202-541-3 I 99 (DIRECT)
FAX; 202-541-3339
E-MAIL: [email protected]
To:
Ms. Maureen Shea
Date:
May 2, 2000
Fax #:
202-456-6218
Pages:
5, including cover sheet
From:
Maria Diaz
Subject: Elian Gonzalez
Dear Ms. Shea,
Enclosed please find Cardinal Law's Boston Globe op ed piece on Elian Gonzalez as well as a
copy of a statement by Most Reverend Nicholas DiMarzio.
05/02/00 TUE 11:33 FAX 202 541 3339
USCC
002
04/18/00
03:40
202 541 3168
NCCB/USCC EXEC
UUI
APR-18-2000 16:25
P.02/04
A great deal has been made about the complexity of the case of Elian
Gonzalez. Indeed, there is a convergence of many factors which have been
woven together in the endless analyses and legal actions which his case have
inspired.
For many, the case turns on a decision concerning the intrinsic
superiority of a democratic system of government over a communist inspired
dictatorship. or vice versa, depending on where you live and how you think.
In either case, Elian becomes the latest in a series of incidents which will
continue as long as the present relationship between the two nations is
maintained.
Enough ink has been spilled on the complexity of the case. For me, it
is rather the simplicity of the case which is so overwhelming. It is not
necessary to wait for a state, or federal or even a Supreme Court decision to
inform us where a young boy who has lost his mother under the most tragic
of circumstances should be placed. Absent clear evidence of the father's
unsuitability as a parent, Elian belongs with his father. He needs the
reassuring embrace of his father's love to help him begin to deal with the
terrible loss he has sustained in his mother's death.
2
05/02/00 TUE 11:33 FAX 202 541 3339
USCC
<
04/18/00
03:40
003
C202 541 3168
NCCB/USCC EXEC
03/04/04
APR-18-2000 16:25
P.03/04
-2-
It is true that Disney World is much farther from Cuba than the map
records. It is also true that chocolate milk is not readily available to little
Cuban children It might be argued that Disney World could be brought
closer and chocolate milk could be made more readily available if the United
States would lift the embargo.
Presuming that this will not happen immediately, it should be said that
weighed in a balance, the natural bond between a father and son is of far
greater value than a visit with Mickey or a glass of chocolate milk or even
the superioriry of a system of government.
Over the past ten years or more I have had occasion to visit Cuba
many times. Those visits certainly do not make me an expert on that Island
nation. I am under no illusions about the regime's shortcomings.
At the same time, I have come to know families in Cuba. I have seen
happy children in a loving relationship with their parents. As a matter of
fact, a better future for Cuba, as for any nation, is rooted in the family.
Perhaps Elian will someday choose to come to this country. Perhaps
his father will also make that choice. Perhaps Elian will stay in Cuba and
help to build a better future for his country. and help to restore the
relationship which should exist between neighboring states.
3
05/02/00 TUE 11:33 FAX 202 541 3339
USCC
04/10/00
03:40
0606 241 0100
004
APR-18-2000 16:25
,09/04
-3-
In the meantime, however. we should let the circus end, and allow the
return of Elian to his father so that they might mourn together all that has
been, and allow them the privacy and the time to get on with their lives.
Bernard Cardinal Law
Archbishop of Boston
April 18. 2000
4
TOTAL P.04
05/02/00 TUE 11:33 FAX 202 541 3339
USCC
005
CONFERENCE
OF CATHOLIC
NCCB Committee on Migration
c/o Migration and Refugee Services
BISHOPS
3211 4th Street, N.E. Washington, DC 20017-1194 Tel. (202) 541-3227
Fax (202) 541-3399
Statement by Most Reverend Nicholas DiMarzio, Chairman, Committee on Migration of
the National Confernce of Catholic Bishops
on the Situation of Elian Gonzalez
April 12, 2000
The Catholic Bishops of the United States have followed closely the dispute surrounding the
case of Elian Gonzalez. People of good will can and do have different opinions on how to
resolve this troubling case, but we must acknowledge that most of us are not in a position to
know, with moral certainty, all the facts necessary to decide this case in a way that respects
parental rights and the best interests of this child. The fact that Elian's parents were divorced,
the complicated relations between the United States and the communist government of Cuba,
and questions as to the father's freedom in expressing his wishes as to the child's future, all have
made this a very difficult situation.
The resolution of this emotionally charged case has fallen to the INS and the federal courts,
which are charged under our system of law with making these difficult decisions, giving due
regard to the natural rights and responsibilities of parents.
We urge that all members of Elian's family, here and in Cuba, work toward a peaceful resolution
of this situation for to do so would be to serve the best interests of this child. And, we urge all
interested parties, here and in Cuba, to respect the rule of law and to avoid exacerbating and
further politicizing an already tragic situation.
Besides the death of a mother under horrendous circumstances, a family has been broken apart.
We pray for healing, both in Elian's family and in the families of all who have suffered division
because of social, political, or economic forces beyond their control.
Each year, thousands of unaccompanied minors enter the United States. The facts surrounding
the unfortunate plight of Elian Gonzalez should convince us all of the necessity of working for
just solutions to the breakup of families caused by war, civil strife or poverty that rob children of
their right to be raised by loving parents in conditions worthy of human life.
MEMBERS
CONSULTANTS
Must Reverend Nicholas A. DiMarzio, Chairman
Archbishop Theodore F. McCarrick
His Eminence Adam Cardinal Maida
Most Reverend Robert A. Brucato
Most Reverend John S. Cummins
Most Reverend Joseph L. Howze
Most Reverend Michael P, Driscoll
Most Reverend Peter A. Rosazza
Most Reverend Richard J. Garcia
Most Reverend Phillip F. Strating
Most Reverend John R. Manz
Most Reverend James C. Timilin
Most Reverend Thomas G, Wenski
Most Reverend John W. Yanta
Most Reverend Joseph Younan
Elian
Highlights
0
The boy belonged with his father. Today he is with his father.
0
The boy was living in the middle of a media circus. Now he is living in the middle of
a loving family, safely away from damaging scrutiny and manipulation.
0
The relatives had no legal authority to hold Elian. They had a legal obligation to
turn him over. They repeatedly failed to do so.
O
The return of Elian to his father was done in a way that posed the least risk to the
lives of the boy, the relatives, and the law enforcement men and women involved.
0
The methods used were made necessary by the failure of the relatives to obey the
law, their threatening public statements, and intelligence information suggesting
that guns might be on the premises or in the vicinity.
()
The government gave the relatives every opportunity to comply with the law in a
calm and peaceful manner. The government bent over backwards to be patient,
deliberate and thorough. The successful effort to reunite Elian and his father
occurred only after it was clear that the relatives were continuing to refuse to agree
to turn him over voluntarily.
Elian
Highlights
1.
The government had a search warrant to enter the home and take Elian Gonzalez
away to be reunited with his father.
Statements by allies of the relatives in Miami, including Rep. Tom DeLay, that the
government had no warrant to enter the home are false.
The search warrant was signed Friday evening by a U.S. Magistrate judge from the
Federal court in Miami.
2.
The relatives in Miami did not meet the Attorney General's deadline, and never
agreed to turn the child over to federal authorities to be reunited with his father.
The relatives had signed a document that stated "We understand that you have transferred
temporary custody of Elian to his father " But nowhere in that document did they
commit to turning Elian over.
The relatives have. in fact, given very conflicting signals about what they would do with
Elian over recent weeks. For example, great-uncle Lazaro Gonzalez was quoted on April
13 as saying, "The kid will have to be picked up by force."
3.
The government used appropriate measures to enter the home and remove the
child.
From start to finish, the government entered the home and removed Elian Gonzalez in
less than three minutes.
Officials had to be prepared for the possibility that relatives or their allies might have
guns on the premises or in the area. Reportedly, someone providing security for the
relatives had a permit for a concealed weapon and was seen in and around the home with
a gun strapped to his ankle. In addition, news reports say cousin Marisleysis Gonzalez
made this troubling comment to members of the INS Community Relations Service on
Thursday: "You think we just have cameras in the house? If people try to come in. they
could be hurt." News reports also say officials had two other indications that guns might
be in or near the property, including one case in which a woman reportedly showed a gun
in her purse, and intelligence reports that weapons were being stockpiled in an adjacent
house.
The procedures followed by the government were supported today by the Federal Law
Enforcement Officers Association, which issued a statement sharply critical of those who
have questioned the actions of federal agents.
Elian
4.
The government had the legal authority to reunite the child with his father.
The U.S. District Court last month had ruled in favor of the government, affirming that
the Attorney General had discretion to handle this as an immigration matter. The 11th
Circuit's recent order did not stay or overturn that decision. The order simply prevents
removal of Elian Gonzalez from the United States. It did not prevent the government
from reuniting the child with his father.
In addition, earlier this month a state court had thrown out an effort by the Miami
relatives to seek custody of Elian.
Elian
Support for Operation Reunion
April 25, 2000
The INS and Justice Department under the leadership of Attorney General Janet Reno have worked
tirelessly and patiently for over three months for a solution that would peacefully reunite Elian
Gonzalez with his father. Juan Miguel Gonzalez. Unfortunately, on April 22. it became clear that
Elian's Miami relatives had no intention of obeying the lawful order to reunite Elian with his father.
INS agents with a warrant removed Elian from the Miami relatives' home. Since then, law
enforcement experts have praised the manner in which the INS carried out the operation, and the action
has been praised as a tough decision that was in Elian's best interests. Here are some exapmes of praise
for the operation.
Support for Law Enforcement Tactics
William Bratton, former New York and Boston police commissioner: INS acted appropriately
"By and large the federal government acted appropriately and decisively Saturday 10 uphold the
law. The tragedy of this incident is that it required such an assertive action and show of force to
enforce the law. For days. Elian's Little Havana relatives, no matter how emotionally involved, had
kept the government all arm's length. Meanwhile, their "advisers" and political activists had
shamelessly exploited Elian's tragic situation for their own political purposes by encouraging the
family to flout the law and its intention to reunite Elian with his father." [ABPNews.com, 4/24/00]
Sen. Arlen Specter: Law enforcement had to protect themselves
"Well. 1 think once they went in. absolutely they had to be able to protect themselves. And
regrettably in this case, Judy. you had everybody saying just about everything." [Sen. Arlen Specter,
CNN Inside Politics, 4/24/00]
Richard Gallo, President, Federal Law Enforcement Officers Assn: INS used necessary force
"You don't wear tutus and carry feather dusters. Intelligence showed there were people around the
house with lawfully obtained concealed weapon permits.' Gallo said heavily armed agents batter
down doors every day executing warrants, but it is rare that they are captured from behind the
scenes or broadcast on national television like this one was." [ABPNews.com, 4/24/00]
Stephen Davis, Former NYPD: Accomplished objectives without incident
"The bottom line is it worked and nobody got hurt Their objective is to free the subject and try to
minimize injury. And in that regard. they accomplished both 'You're preparing for the worst-
case scenario, you want 10 go in as quickly as possible." [Daily News. 4/24/00]
John P. Julian, former Miami police officer: INS had to be prepared for guns
"Florida is a place where most people have " right to carry " concealed firearm. If the agents had
been unarmed and one had been shot the public would have asked, 'Why weren't they armed?"
[New York Times, 4/24/00]
Kurt Wurzberger, Security and Intelligence Specialist: Photo shows proper procedure
"Well, / see proper procedure. / see the agent coming through the door. identifying where Elian is.
He--his weapon is not pointed directly (1) him. lt-it's at the ready, which is tactically correct. His
finger is not on the trigger. He was identifying Elian and. of course, as you noticed the armed
personnel did not bring him out of that house. They had other people bring him out that were in
soft uniforms and were not armed." [CBS News. 4/24/00]
Woody Johnson, Former FBI Agent: Necessary defense
"What if somebody in that house had been armed, and they had either with a knife or a gun --
and they had attacked one of the officers? / mean. he may have to defend himself with that.
So
you can't guarantee to the attorney general or anyone else in authority that it's going to he clean
and nobody is going to get hurt and we're going 10 be out of there." [CNN/TIME. 4/23/00]
Steve Kiraly, former Miami detective: Elian was never in danger
Kiraly acknowledged that the photograph of an agent pointing the gun near Elian was jarring,
saying the image made it easy for people to second-guess the wisdom of the operation. But he
added: "Let's be serious. The kid was never in danger. The only reason they had guns is they were
told there were guns stockpiled in the neighborhood or the house. They did the proper thing.' [New
York Times, 4/24/00]
Medical professionals support reuniting Elian Gonzalez with his father
Dr. Elissa Benedek, Clinical Psychologist: Elian will recover
"As a psychiatrist who's seen youngsters who've had a similar, although not an exact experience
like this, kids are pretty resilient. And / would expect that for the first few minutes, it was
traumatic for Elian. but he'll get over this. He may have a nightmare or two but he's now reunited
with his father. which is probably the-the paramount issue to consider." [CBS News, 4/24/00]
Dr. Gustavo Cadavid, U.S. Public Health Service: Elian is very happy
"Yes, he was scared. hut he is very resilient And it was demonstrated during the trip
The child
who was sad initially, gets off the airplane three hours later happy, moving, talking, hugging his
father." [MSNBC. 4/24/00]
Dr. Frank Farley, former President, American Psychological Assn: Things look good for Elian
"One of the most important things Elian needs is time with his family. time 10 spend in their own
way, not directed by officials or by 'experts' like myself. And there should be no TV coverage
"I am really impressed by this boy
He had those 48 hours in the water. with the boat sinking
and his mother dying. You can't get more traumatic than that The three minutes (when agents
raided Lazaro Gonzalez's house) pales by comparison. So for, things look very good for him. Now
he and his father need some quictude. some respite." JUSA Today, 4/24/00]
Dr. Paul Buttenweiser, Harvard child psychiatrist: Returning Elian to his father was important
"I think the swiftness and the act of getting him back to his father quickly were very important."
[Boston Herald. 4/23/00]
Comments on crities of Operation Reunion
Ft Lauderdale Sun- Sentinel: Rep. Tom "DeLay's Comment was Negligent at Best"
U.S. House Majority Whip Tom DeLay of Texas as gone so far as to accuse the federal
government of conducting the Saturday morning raid without court authorization. In fact,
federal agents had a warrant and were operating completely within the law. DeLay's
comment was negligent at best. At worst, it contained carefully calculated disinformation
made for political gain. U.S. Rep. Lincoln Diaz-Balart, R-Miami, has made statements
bordering on the irrational. Soon after a photo of a smiling Elian in his father's arms
appeared in newspapers and on TV, people were insisting it was a fake. Then they began
claiming Elian looked so joyful because he had been drugged and brainwashed, an idea
endorsed by Diaz-Balart. [Editorial, Ft Lauderdale Sun-Sentinel. 4/25/00]
Jacksonville Florida Times-Union: Applauds effort to reunite Elian and his father
The raid was carried out to reunite father with son, and published photographs indicate the boy is
delighted to be back in the care of his only surviving parent. [Editorial, Jacksonville Florida Times-Union,
4/25/00]
St. Petersburg Times: "Federal Agents Had Every Right To Be Prepared"
It is outrageous to suggest, as some elected officials have, that federal agents would aim a gun at
the child they were there to reunite with his father. It would have been irresponsible for Reno to
have sent unarmed federal agents into the house not knowing what they might face. [Editorial, St.
Petersburg Times, 4/25/00]
Orlando Sentinel: Raid could not be avoided
The agents were in and out of the house in less than five minutes. No one fired any shots.
Elian was not harmed, and injuries to bystanders were not serious. But could such a raid
have been avoided? Absolutely -- not by the Justice Department but by people so
consumed by their hatred for Cuban President Fidel Castro that they would subject a
small boy to such trauma rather than let him return to his father. They allowed that
political issue to overshadow a very special and far more important aspect of this case --
the bond between a father and his beloved son. [Editorial, Orlando Sentinel, 4/25/00]
Los Angeles Times: "Reno Made a Hard Decision and Made it Stick"
Elián González is with his father today, as he should have been long ago. Attorney General Janet
Reno made a difficult decision in ordering him removed from his Miami relatives' home by armed
agents, but she had been properly cautious - even overly cautious - in moving ahead on the legal
front and in the police action that took place Saturday morning. Now her office should act
promptly in court to settle the issue of the child's status. [Editorial, Los Angeles Times, 4/23/00]
St. Louis Post Dispatch: "Outlandish Tales of Conspiracies and Jack-Booted Terror"
Unfortunately. Elian's happiness at seeing his father has SO enflamed anti-Castro - and anti-Clinton
-- partisans that they're spinning outlandish tales of conspiracies and jack-booted terror.
Republican leaders, such as Rep. Tom DeLay of Texas, should be ashamed of themselves. [Editorial,
St. Louis Post Dispatch, 4/25/00]
Chicago Tribune: Republican's "Gross Overreaction Suggests Terrible Judgment"
Reasonable people can differ on precisely how the government should have restored the 6-year-old
Cuban boy to his father--who by every legal precedent has the right to custody of his son and full
authority to make decisions about the boy's future. But the gross overreaction of many important
Republicans suggests terrible judgment, out-of-control hatred of Bill Clinton, or shameless
pandering to their most right-wing supporters--if not all three. [Editorial, Chicago Tribune, 4/25/00]
Boston Globe: "A Model of Efficient Law Enforcement, Guided by Due Process"
A few miles from his temporary home at Andrews Air Force Base, Senator Bob Smith of New
Hampshire. Representative Tom DeLay of Texas, both Republicans. and the relatives were treating
the raid to return Elian as though it were a Nazi SS operation. Yet federal agents had a warrant,
were enforcing US law, and entered the house with the proper force to ensure minimal resistance
and injury. It was a model of efficient law enforcement, guided by due process. The raid was
necessary because the Gonzalez relatives in Miami, refusing to return the boy, made him into a
symbol of resistance to Fidel Castro. Elian printed his name on an application for asylum and was
put in front of a video camera to say that he did not want to go back to Cuba. The relatives treated
the boy like a political prop. [Editorial, Boston Globe. 4/25/00]
Baltimore Sun: Raid Carried Out "Speedily" with "Professional Skill"
Though the raid on Lazaro Gonzalez's Miami house is being criticized, there is no dispute about the
professional skill with which it was carried out - successfully and speedily. Nor is there
disagreement that it followed legal form. including a search warrant. A
show
of
force
was
necessary. Hardheads in the Cuban-American community had organized mob behavior to obstruct
the law and keep Elian imprisoned in a goldfish bowl. The Miami family was negotiating in bad
faith. [Editorial, Baltimore Sun, 4/25/00]
Charlotte Observer: "The raid was concluded swiftly, decisively and without harm"
The raid was concluded swiftly, decisively and without harm. Eight agents entered and left the
house within three minutes, carrying the youngster in a blanket. Imagine the outery if decisions and
events had gone otherwise - if ill-equipped agents had been overcome or even wounded by armed
opponents. The possibility of forcible resistance was made plausible by the behavior of the Miami
relatives who've been keeping the boy since his rescue. [Editorial, Charlotte Observer. 4/25/00]
Christian Science Monitor: US Government "nurturing parental love"
The federal raid to rescue Elian Gonzalez was an unfortunate but necessary action to show where
the United States stands on the supreme social importance of nurturing parental love. With the
father's backing, Attorney General Janet Reno made the correct legal call to prevent the relatives
from using the boy for their own interests and to order a rescue. [Editorial. Christian Science Monitor,
4/24/00]
Denver Post: "Agents were Right to Come Prepared for Violent Resistance"
In three dramatic pre-dawn minutes last weekend, federal agents rescued Elian Gonzalez from an
increasingly tense and traumatic situation and sent him on the way to be reunited with his loving
father. Though Elian's Miami relatives could have ended this confrontation any time in the
previous 15 days simply by obeying the law. they are now denouncing Attorney General Janet
Reno for having sent armed agents to retrieve the boy. But the agents were right to come prepared
for violent resistance. |Editorial, Denver Post, 4/25/00]
Fort Worth Star-Telegram: Tom Delay "disgraced himself"
DeLay in particular disgraced himself when he erroneously said that the Immigration and
Naturalization Service had no warrant when agents entered the house to take the boy.
There may have been miscalls in this, the most over-covered story of the year, but to
think for one minute that law enforcement officials would forgo the most basic requirement
in such an operation is ludicrous. [Editorial, Fort Worth Star-Telegram, 4/25/00]
Minneapolis Star Tribune: "Elian Gonzalez Deserved to be Reunited with His Father"
The great majority of Americans understand that Elian Gonzalez deserved to be reunited with his
father as quickly and safely as possible. Reno, with Clinton's support, has done just that. [Editorial,
Minneapolis Star Tribune, 4/25/00]
Sacramento Bee: Excessive Force "Claims are Questionable"
Yet the action was justified. Attorney General Janct Reno moved only after exhausting efforts to
resolve the matter without incident. a full month after a federal judge ordered the Miami relatives
to relinquish custody. Now, they claim that federal marshals and immigration agents were unduly
aggressive inside the house; but those claims are questionable, and in any case the agents had
reason for concern about possible violent resistance. [Editorial. Sacramento Bee, 4/25/00]
San Antonio Express-News: Operation Reunions was "Only Option Left"
But in the end, this was the only option left to Attorney General Janet Reno and the federal
government. Fortunately, the raid was swift. without shots fired. No one was seriously injured.
[Editorial. San Antonio Express-News. 4/24/00]
Seattle Times: Overwhelming Strength to Protect the Boy, the Officers and the Crowd
What the raid had going for it was overwhelming strength to protect the boy, the officers and the
crowd, and swiftly and safely accomplish the mission. [Editorial, Seattle Times. 4/25/00]
Providence Journal-Bulletin: "U.S. Atty. Gen. Janet Reno Acted Appropriately"
U.S. Atty. Gen. Janet Reno acted appropriately in ordering federal agents to take Elian. Miss
Reno was simply enforcing the law. Given the fear that Lazaro Gonzn's great-uncle. and/or other
members of the family had guns, and the incendiary atmosphere in Miami's Little Havana, the
attorney general had little recourse but to act suddenly and decisively. [Editorial. Providence Journal-
Bulletin, 4/24/00]
Norfolk Virginian-Pilot: Raid Maximized Surprise while Minimizing Violence
To argue in effect that political policy should override both the rule of law and the sanctity of
family is to show far more affinity with tyranny than Attorney General Janet Reno did in
maintaining restraint for weeks and making persistent efforts to negotiate a voluntary solution that
she clearly preferred over the use of force. Yes. the raid was traumatic and unfortunate. But it was
carried off in a way that maximized the element of surprise while minimizing the possibility of
violence. [Editorial. Norfolk Virginian-Pilot, 4/24/00]
CUBAN BOY
April 27, 2000
CONTEXT: Several visitors are arriving from Cuba to spend time with Elian Gonzalez and
his family. Yesterday, a kindergarten teacher and Elian's 11-year-old cousin arrived in DC,
and will head to the Wye River Plantation this morning. This afternoon, four of Elian's
schoolmates, each accompanied by an adult relative, will arrive at Dulles to spend two weeks
with Elian and his family. Other visas requests remain pending.
In court action in the 11th Circuit, the Miami relatives have sought an injunction, seeking to
restrict Elian's meetings with Cuban officials, psychologists, and physicians, grant access to
him by the physician treating him in Miami and by "his" lawyers, and appoint an independent
official to decide with whom Elian should meet. They also asked the court to construe their
current injunction to prevent Elian from being taken to any place with diplomatic immunity.
On April 19, the Federal Court of Appeals for the 11th Circuit in Atlanta issued an injunction,
preventing Elian Gonzalez's removal from the U.S. pending its decision on the Miami
relatives' appeal, which is set for oral argument on May 11. While the court suggested that a
6-year-old might have the right to apply for asylum against the wishes of a parent, this ruling
is preliminary and does not necessarily predict the outcome of the full appeal.
Juan Miguel Gonzalez, Elian's father, filed a motion with the 11th Circuit yesterday, asking
that he be declared the sole person with legal authority to speak for the child in the legal
proceedings in federal court.
Are officials from Cuban Interests Section staying at Wye with Elian?
No Cuban officials are staying at Wye with Elian and his family. They have visited, but are
not staying there.
Will you issue visas to the others who have requested them, including Cuban physicians?
We have issued visas to four of Elian's schoolmates, each accompanied by a parent. They
are expected to arrive this afternoon and will visit with Elian and his family for up to two
weeks. Elian's 11-year-old cousin and Elian's former kindergarten teacher, who were
previously granted visas, arrived last night. The remaining visa requests are under review.
[ONLY IF ASKED] Is a Cuban pediatrician or physician coming to the US?
A visa was previously granted to the Gonzalez family pediatrician at the same time as visas
were granted to Juan Miguel Gonzalez and his wife. We are not certain of the pediatrician's
travel plans at this point.
Cuban television has shown images of a home and school where Elian would live for several
months after his return. Some have called this a reeducation camp. Does this give you
cause to reconsider sending Elian back to Cuba?
As the Attorney General has said, the focus of this case is on the role of the boy's father in
raising him. This father has been very involved in raising his son, and we are glad that they
have been reunited so that he can continue to do SO.
What assurances are you seeking from the Cuban government -- should Elian return to
Cuba - that he would not be used as propaganda, would not be placed in a special school,
and would return to his "normal" life?
Elian Gonzalez cannot return to Cuba until the federal court injunction is lifted.
From the beginning, we have tried to de-politicize this case, and we have spoken to Cuban
officials in Havana, Geneva, and Washington about the need to do SO.
Officials from the State Department met with representatives of the Cuban Interests Section
this week in Washington and voiced concern on how Elian would be treated in the event he
returns to Cuba. These conversations have been constructive. We will continue to discuss
with Cuban officials Elian's treatment should he return to Cuba.
Do you think the father really wants to return to Cuba, or is he unable or unwilling to
speak freely?
Under our law, the father is free to apply for asylum if he wishes. It's our understanding that
he has said clearly that he wants to return to his country.
He has had numerous meetings alone with his attorney and also met with the Attorney
General and INS Commissioner without any Cuban officials present.
[IF ASKED] The 11th Circuit's ruling seems to indicate that INS is wrong on the law, and
that even a six-year-old has the right to apply for asylum against the wishes of a parent.
Are you concerned that Justice may lose the appeal?
This was a preliminary ruling on a request for an injunction to prevent the boy's removal
from the U.S. while the 11th Circuit considers the appeal. The court has not yet considered
all the briefs in this case or heard oral argument, so I think we cannot prejudge the result.
Beyond that, we will not comment on pending litigation.
Why are you trying to send Elian back to Cuba while at the same time condemning the
deplorable human rights conditions in Cuba?
The Elian Gonzalez case is about the bond between a child and his father. This child needs
to be reunited with his father because that is what the law - and fundamental principles of
family - require.
We simply cannot take the position that because the government of a country denies its
citizens human rights, parent in that country must lose their right to raise their child.
[IF ASKED] What's your reaction to the federal suit filed by the Miami relatives last week,
alleging that the child's return to Cuba is barred by several international human rights
treaties?
We will not comment on pending litigation.
What is the US government doing about the altercation outside the Cuban Interests Section
in Washington?
The matter is being investigated by the Washington DC police department.
Why did you wait so long to act in reuniting Elian with his father? In retrospect, do you
think the government should have taken steps earlier to resolve this case? Do you think the
Attorney General was too hesitant?
The Justice Department followed a deliberate and careful process in order to reunite this
child with his father safely and with as little disruption as possible. It is very unfortunate
that Elian's Miami relatives made these actions necessary by their intransigence in handing
the boy over to his father voluntarily.
What is the White House's role in the matter at this juncture?
The Justice Department and State Department continue to play their respective leading roles
in this matter. Of course, we continue to be in close touch with Justice and State on this
important issue.
How do you respond to allegations that you are using this case as a tool to improve
relations with Cuba?
Our only objective is to see that the INS decision in this case is carried out in accordance
with the law.
THE
Victoria L. Valentine
04/25/2000 11:46:19 AM
Record Type:
Record
To:
Leslie Bernstein/WHO/EOP@EOP
CC:
Subject: more
Forwarded by Victoria L. Valentine/WHO/EOP on 04/25/2000 11:46 AM
James E. Kennedy
04/25/2000 11:42:22 AM
Record Type:
Record
To:
Victoria L. Valentine/WHO/EOP@EOP
CC:
Subject: more
Highlights
1.
The government had a search warrant to enter the home and take Elian Gonzalez
away to be reunited with his father.
Statements by allies of the relatives in Miami, including Rep. Tom DeLay, that the
government had no warrant to enter the home are false.
The search warrant was signed Friday evening by a U.S. Magistrate judge from the
Federal court in Miami.
2.
The relatives in Miami did not meet the Attorney General's deadline, and never
agreed to turn the child over to federal authorities to be reunited with his father.
The relatives had signed a document that stated "We understand that you have
transferred temporary custody of Elian to his father " But nowhere in that document
did they commit to turning Elian over.
The relatives have, in fact, given very conflicting signals about what they would do
with Elian over recent weeks. For example, great-uncle Lazaro Gonzalez was quoted
on April 13 as saying, "The kid will have to be picked up by force."
3.
The government used appropriate measures to enter the home and remove the
child.
From start to finish, the government entered the home and removed Elian Gonzalez in
less than three minutes.
Officials had to be prepared for the possibility that relatives or their allies might have
guns on the premises or in the area. Reportedly, someone providing security for the
relatives had a permit for a concealed weapon and was seen in and around the home
with a gun strapped to his ankle. In addition, news reports say cousin Marisleysis
Gonzalez made this troubling comment to members of the INS Community Relations
Service on Thursday: You think we just have cameras in the house? If people try to
come in, they could be hurt." News reports also say officials had two other
indications that guns might be in or near the property, including one case in which a
woman reportedly showed a gun in her purse, and intelligence reports that weapons
were being stockpiled in an adjacent house.
The procedures followed by the government were supported today by the Federal Law
Enforcement Officers Association, which issued a statement sharply critical of those
who have questioned the actions of federal agents.
4.
The government had the legal authority to reunite the child with his father.
The U.S. District Court last month had ruled in favor of the government, affirming that
the Attorney General had discretion to handle this as an immigration matter. The 11th
Circuit's recent order did not stay or overturn that decision. The order simply prevents
removal of Elian Gonzalez from the United States. It did not prevent the government
from reuniting the child with his father.
In addition, earlier this month a state court had thrown out an effort by the Miami
relatives to seek custody of Elian.
Elian
5
001
Poduts Male -willul to Descere
copied
OF ENERGY.
Pederta
DEPARTMENT OF ENERGY
The
Echavite
UNITED STATES OF
Washington, DC 20585
OFFICE OF THE Sl
MEMO TO THE PRESIDENT
FROM: Bill Richardson
4-25-00
Subject: Post-Elian strategy for you: A time to heal wounds
DATE: April 23, 2000
Now that Elian has been re-united with his father, I believe your
objectives should be to:
1) convey to the nation that we all need to start a healing
process from this traumatic episode that has riveted the country
for the past five months;
2) state that Elian and his father need some space, time, and
privacy to get re-acquainted and should thus be left alone;
3) start a healing process between the administration and the
Cuban-American community;
4) continue to show your support for Reno's decision but you
yourself immediately; stay above the harsh partisan attacks that will commence
5) after a brief interval (a few days), try to facilitate a
reconciliation between Elian's father and the Miami relatives;
6) dispel the erroneous view that Gregory Craig has been calling
the shots by aggressively backgrounding the press and others
about the true facts;
7) develop an understanding with the Cuban government that
guarantees Elian and his Miami relatives visitation and family
reunification rights assuming Elian's asylum application is
denied and he eventually returns to Cuba with his father; and,
8) use the Elian incident to engage the Cuban government in
broader immigration and family re-unification issues without
signaling, intending, or suggesting an easing of the U.S.-Cuban
bilateral relationship.
Next steps
1) As a start, allow me and other high level Hispanic appointees
to invite the Miami relatives currently in Washington to meet
with us and let them vent and air their grievances. Such a
meeting would show that we are reaching out and not hunkering
down. Additionally, dispatch me, Caldera, Echaveste, Alvarez,
and others to meet with Cuban American leaders in Miami and New
Jersey like Menendez, Penelas, and others et al to start a
dialogue. Involve Podesta in these "reaching out" meetings as he
conveys strength and is perceived as speaking for you.
2) I strongly urge that you invite a dozen or so Cuban American
leaders (not elected officials) from a carefully compiled list
(that would also include Cuban American appointees) for an
evening meeting at the White House (perhaps in the solarium) to
show that you too are listening and reaching out. A list could
08:26
FAX
002
Page 2
be assembled that includes non-political types such as business
and education leaders, human rights types, psychologists, and
others who might be constructive in their views as to how to
bridge current differences.
3) In press availabilities by yourself or Lockhart, continue to
voice your support for Reno's decision by stressing the legal and
humanitarian justification for the decision and the need to move
on and heal differences. Let Holder and Meissner (who were most
effective on the Sunday talk shows) take the lead and be the main
spokesmen for the administration on the issue.
4) Authorize a low key dialogue with Castro (currently well
disposed towards us) to guarantee certain rights and privileges
for Elian and his Miami relatives that permit flexible visitation
and family reunification understandings before the courts rule on
the asylum issue.
Additionally, certain agreements should also be pursued with
Castro that the child would not be exploited once he returned and
that he would be permitted to live a normal life in Cuba and be
able to visit his relatives in Florida and vice versa. Senator
Bob Graham in a Sunday talk show interview with Cokie Roberts
said that you had agreed to this approach three weeks ago in a
meeting with him. Given my previous pre-administration dealings
with Castro, I believe I could achieve these objectives.
5) Use the Elian incident to jump-start immigration and family
re-unification negotiations with Cuba that might involve (as
Bernie Aronson suggested in a Washington Post Sunday Op-Ed) the
administration allowing Cuban Americans to visit family members
on the island on a regular basis rather than for emergencies only
(current policy) and to increase financial remittances from Miami
to Cuba. Consideration should also be given to allow more Cubans
on the island to obtain temporary visas to visit family members
in the U.S.
This strategy is not without risks or charges that we are engaged
in spin or damage control, politics, or pandering. Nonetheless,
I firmly believe that these initiatives are the right thing to do
at this very crucial juncture. The views of the Miami relatives
and Cuban Americans are deeply felt and sincere and you are their
President too. So far, your non-political and low key approach
to this crisis has worked. It is my view that by taking these
steps, your already secure legacy as a healer and bridge builder
will be enhanced and a much needed reconciliation process will
start.
CC: John Podesta
D
J
Office of the Deputy Attorney General
U. S. Department of Justice
Elian
The Deputy Attorney General
Washington. D.C. 20530
FACSIMILE TRANSMISSION COVER SHEET
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04/13/00
THU
15:50
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
Na 60-11424-D
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
D.C. Docket No. 00-206-CV-KN04
APR 1.3 2000
3:00pm
THOMAS K KAHN
ELIAN GONZALEZ, a minor, by and through,
CLERK
LAZARO GONZALEZ, as next friend, a,
alternatively, as temperary legal custodian,
Plaintiffs,
V.
JANET RENO, Attorney General of the United States;
DORIS MEISSNER, Commissioner, United States
Immigration and Naturalization Service;
ROBERT WALLIS, District Director,
United States Immigration and Naturalization Service;
UNITED STATES IMMIGRATION AND
NATURALIZATION SERVICE; and UNITED
STATES DEPARTMENT OF JUSTICE,
Defendants
Appeal from the United States District Court
for the Somthern District of Florida
ORDER
Plaintiff-Appellant, Elian Gonzalez, by and through his nest
friend, Lazaro Gonzalez, has filed a motion for an injunction to
preclude Plaintiff's physical removal from the jurisdiction of the
United States daring the pendency of this appeal. In ordinary
cases, a motion for injunction pending appeal will not be granted
except after consideration by a panel of three judges of this Court
Fed. R App. P. 8(s)(2)(D). But where time may be short, a single
judge of this Court may grant a temporary injunction, preserving
the status quo antil & panel of three judges can more fully consider
the motion for injunction pending appeal. See Fed. R. App. P.
8(a)(2)(D); ICE also Fed. R. App. P. 27(c); 11th Cir. Local R 27-
1(d)(7).
Consideration of Plaintiff's motion for injunction pending
appeal requires examining four factors: (1) whether Plaintiff is
likely to succeed on the merits of his appeal; (2) whether Plaintiff
04/13/00 TEL 15:50 FAX 404 338 6162
CLERE - USCA -
will suffer irreparable injury if the injunction is not granted; (3)
whether the injunction, If granted, would substantially harm other
parties; and (4) whether the injunction, if granted, would harm the
public interest. In E Federal Grand Jury Proceedings, 975 F.2d
1488, 1492 (11° Cir. 1992). Plaintiff, however, need not necessarily
show that be probably will succeed OD the merits of bis appeal;
"Instead, [Plaintiff] need only present a substantial case on the
merits when a serious legal question is involved and show that the
balance of the equities weighs heavily in favor of granting the stay."
Ruiz V. Estelle, 650 F.2d 555, 565 (5th Cir. 1981); see also United
States V. Hamilton, 963 F.2d 322, 323 (11th Cir. 1992); Garris-Mir V.
Merse 781 F.2d 1450, 1453 (11" Clr. 1986).
I understand that Plaintiff is subject to being placed under
the physical control, enstody, and care of the Immigration and
Naturalization Service at any time after 2 o'clock this
afternoon. Because of the possibility that Plaintiff might be
removed from this country before the motion for injunction
04/13/00 THU 15:51 FAX 404 335 8182
CLERK - USCA -
pending appeal can be determined by a panel of three judges, I
have decided to act alone but only until panel can act. I have
considered each of the four elements, particularly irreparable
injury and likelihood of success. For now, at least-in the light of
Plaintiff's motion and Plaintiff's brief on appeal, already filed with
this Court-it seems that Plaintiff probably has demonstrated that
he is entitled to en injunction prohibiting his removal from the
United States during the pendency of this appeal.
THEREFORE,
(1) Plaintiff, Elian Gonzalez, is ENJOINED from leaving the
United States;
(2) Any and all persons acting for, on behalf of, or in concert
with Plaintiff, Elian Gonzalez, are ENJOINED from
aiding or assisting the removal of Plaintiff from the
United States; and
(3) All officers and agents of the United States (including,
but not limited to, officers and agents of the United States
01/13/00 THU 15:51 FAX 404 335 6162
CLERK - USCA . 1118
Department of Justice) are ENJOINED to take such
lawful and reasonable precautions and actions as are
necessary to prevent the removal of Plaintiff from the
United States,
until further Order of this Court
This temporary Order is entered without the Court's having
received S response from Defendants-Appellees Defendants shall
have until 9:30 s.m. Friday, 14 April, to file a response to Plaintiff's
motion.
IT IS SO ORDERED.
Elmondon
J.L. EDMONDSON
United States Circuit Judge
of
"Tl-
world, with a caption that reads:
punishes Cuba
finally
"America is a country where the rule
Inforces Castrol
part
of
an
of law rules. This picture illustrates
What ails Cub
"Just
by
what happens to those who defy the
Castro's failed
this
building
rule of law and how far our govern-
U.S. embargo o
bills
by
ment and people will go to preserve it.
him a foreign bc
Leader
of
the
Come all ye who understand that."
Cuba's travails
And I was also warmed by the
Superpower
argue that Cuba
picture of Elián back In his father's
America, there
arms. Some things you can fake -
Most
Famous
remain mobilize
like a 6-year-old wagging his finger on
to keep a tight
-
a homemade video and telling his
managed
to
Forget Fidel
father to go back to Cuba without him
that
environ-
dictator who pe
- and some things you can't fake.
as
impor-
keeping his e
Januaz Kapusta
That picture of Elián and his father
education
or
Thomas Cook to
illustrated the very parent-child bond
pretty
much
As Ms. Albrigh
17 minutes
Justice Taken Too Far
that our law was written to preserve.
policy today w
Hats off to Janet Reno for under-
wound
up
shaping post-Ca
standing that the Elián González
allegedly
don't have ano
case was about both of these pic-
too
amateur-
been
kind
the Fourth Amendment but also well-
ami home were armed not only with
tures: the well-being of a child and
star
John
By Laurence H. Tribe.
established constitutional principles
guns but with a search warrant. But It
the well-being of our Constitution, on
referring
to
of family privacy require that the
was not a warrant to selze the child.
which all good things in our society
Who sl
rest. But hats off twice to Ms. Reno
wimp."
ome are wildly comparing
disinterested judiciary test the cor-
Elián was not lost, and It is a semantic
DiCaprio
Is
rectness of the executive branch's
sleight of hand to compare his forcible
for understanding that these two no-
guy
S
the armed seizure of
the
who
Elián González to the
claimed right to enter and selze.
removal to the seizure of evidence,
ble virtues are not equal. The fear of
U.S. Cl
causing some trauma to Elián by
whether
roundup of innocents by
Although a federal. court had or-
which is what a search warrant is for.
However,
the Gestapo. Others
dered that Elián not be removed from
To be sure, our courts have allowed
rescuing him could never outweigh
made
a
think Attorney General
the country pending a determination
the need to uphold the rule of law.
immigration officials to obtain
ssigning
a
25-
of his asylum petition, and although a
areawide warrants to search work-
One only hopes that this affair will
after the regim
Janet Reno showed admirable pa-
remind the extremists among the Mi-
builds a raft to 1
global
warm-
tience in dealing with a group of zeal-
court had ruled that the Immigration
places for illegal aliens, and Congress
ami Cubans that they are not living in
the Cuban peop
For
Instance,
ots using the boy as a pawn in its war
has by statute empowered Immigra-
their own private country, that they
40 years of rep
job
to
any
of
with Fidel Castro.
tion officials to search, interrogate
cannot do whatever they please and
for shaping pos
for
the
rest
of
But the partisan squabbling over
Reno had right
and arrest people without warrants in
that they may hate Fidel Castro more
ting more Cuba
these caricatured views threatens to
order to prevent unlawful entry into
than they love the U.S. Constitution -
training their t
recap
of
obscure a vital question: Where did
the country. But no one suspects that
to send the agents
but that doesn't apply to the rest of us.
ing a modern S
the
rat-
the attorney general derive the legal
Elian is here illegally,
One also hopes that now that Ms.
the way for grea
did
not
get
a
authority to invade that Miami home
In fact, it's hard to see any signifi-
In
fact,
in order to seize the child?
in for Elián.
Reno has ended the kidnapping of
Cuba, and for n
cant immigration-related or other fed-
Ellán by the Miami Cubans, the other
family visits. A
hat
you
spent
The fact is, even on the assumption
eral Interest in whether Elián was
hard-nosed lady in the cabinet, Made-
much greater
(which I share) that under applicable
reunited with his Eather now or after
leine Albright, will end the Miami
Castro to open
legal and moral principles Elián
asylum is denied (if that is the out-
Cubans' kidnapping of U.S. Cuba poll-
worst it will help
should ultimately be reunited with his
and Naturalization Service could exer-
come). And, should asylum be grant-
cy as well. Ms. Albright could start by
succeeds him w
to
father, the government's actions ap-
cise custody and control of Ellán for
ed, Ellán's father might still be grant-
relaxing the embargo on Cuba.
It was prec
pear to have violated a basic principle
the time being, no judge or neutral
ed custody and could then take the boy
I share the Miami Cubans' visceral
which the har
of our society, a principle whose pres-
magistrate had issued the type of war-
to Cuba with him if he so chose;
hatred of Fidel Castro's regime. It is
cans kidnapped
ervation lies at the core of ordered
rant or other authority needed for the
asylum only means permission to stay
an awful government that has taught
for all these yea
hot.
liberty under the rule of law.
executive branch to break into the
in the United States and is not a re-
Its people to write - and then forced
pandering polit
Under the Constitution, It is axiom-
home to seize the child. The agency
quirement to stay.
its most educated to become taxi driv-
them believe t
atlc that the executive branch has no
had no more right to do so than any
Elther way, Ms. Reno's decision to
ers and, in thousands of cases, prosti-
with kidnapping
unilateral authority to enter people's
parent who has been awarded custody
take the law as well as the child into
tutes in order to feed their families.
lot better off
homes forcibly to remove Innocent
abducted
would have a right to break and enter
her own hands seems worse than a
But the way to hasten the end of
Reno taught th
individuals without taking the time to
for such a purpose. Indeed, the I.N.S.
political blunder. Even If well intend-
this regime is not with embargoes
million Cuban o
seek a warrant or other order from a
robably
came
had not even secured a judicial order,
ed, her decision strikes at the heart of
and kidnappings. We have sanc-
ter off tomorr
judge or magistrate (absent the most
Chris-
as opposed to a judicially unreviewed
constitutional government and shakes
tioned Castro for 40 years, and so far
bright could a
extraordinary need to act). Not only
administrative one, compelling the
the safeguards of liberty.
he has outlived nine U.S. presiden-
lesson in foreig
Miami relatives to turn E án over.
nurence H. Tribe is a professor of
The Justice Department points out
ional law at Harvard.
that the agents who stormed the Mi-
A/TUESDAY, APRIL 25, 2000
A21
Commentary
RSPECTIVES ON ELIAN GONZALEZ
A Bad Precedent Is Reinforced
undoubtedly
Mexican workers, civil libertarians
The INS seizing of the
have argued that
express appropriate outrage, be-
6-year-old Cuban boy
transferring the
cause they disagree with both the
child to his fa-
was the executive
means and the ends of such raids.
ther would essen-
But when the object of such a raid
branch enforcing its
tially moot the
is the reunion of a Cuban father
own order.
case now pend-
and his son, many liberals and civil
ing before the
libertarians remain suspiciously si-
By ALAN M. DERSHOWITZ
11th Circuit,
lent or even supportive of lawless
since Elian, now
government action, because in this
under the influ-
case they agree with the end and
T
he family portrait of a smil-
ence of his father, will almost cer-
believe that a good end justifies
ing Elian reunited with his
tainly withdraw his application for
bad means.
father is the current news.
asylum. The father's lawyer will
But the enduring precedent is re-
This situational approach to civil
now argue that since the 11th Cir-
flected by the photograph of an
liberties considerably weakens the
cuit apparently gave some cre-
armed government agent breaking
credibility of those who claim to
dence to the asylum application of
into the home of American citi-
believe in due process. People who
zens. Although the agents had
a 6-year-old child, it has no choice
support procedural safeguards only
something denominated a "search"
but to give equal credence to his
in cases where they agree with the
warrant, this warrant was not
withdrawal of that application.
substantive rights at issue, are le-
based on any court order issued af-
For whatever reason the govern-
gitimately subject to accusations of
ter a full adversarial hearing. In-
ment chose not to seek a court or
hypocrisy. Our system of checks
stead, it was based on an after
der following an adversarial hear-
and balances must be applied vig-
hours, ex parte application that
ing, its actions confirm a
orously even in cases in which the
claimed that Elian was being "con-
dangerous precedent: that the ex-
executive is seeking to achieve a
cealed" and "unlawfully" re
desirable end. The most important
strained, and that Elian was him
check on the excesses of the ex-
self the subject of an INS
ecutive branch is judicial review, as
administrative warrant of arrest.
'No citizen has an
has been acknowledged since the
Boy
This is not the way American law
enforcement should work.
obligation to obey the
foundational Supreme Court deci-
sion in Marbury VS. Madison. Al-
The appropriate manner by
executive, unless Its
though that case involved a judi-
nyone who genu-
which Elian should have been re-
order is lawful and backed
cial check on unconstitutional
it the future of the
united with his father was a gov-
is much underway,
ernment request for a court order
by judicial authority.
action of the president, the princi-
following an adversarial hearing
ple applies to any case where the
ssibility of turning
oncerned about the
and determination that the Miami
executive seeks to act in violation
ordinary Cubans
relatives were in contempt of
of the rule of law.
ecutive branch of the government
bly want to choke
court. If the relatives were then
has the authority to break into a
In the Elian Gonzalez case, the
which is why so
unwilling to obey the court order
citizen's home in a contested dis-
executive had a traditional legal
ii send money to
and turn Elian over, law enforce-
pute without giving that citizen the
option available to it, which it
atives and why so
ment authorities would have had
opportunity first to present his side
could have pursued weeks ago. It
ttempt to work, as
the lawful power to arrest these
to a court for resolution of the dis-
could have asked a court to order
her, in the tourist
relatives and remove him from the
home.
pute.
the Miami family to turn the child
over to his father. Instead, the Jus-
vard normalization
Why then did the Justice De-
This dangerous precedent has
tice Department, a part of the ex-
to U.S. security.
partment and the INS not seek a
long permitted the INS and its
ecutive branch, issued its own or-
vana was the most
court order? The answer is they
predecessors to break into the
had earlier sought such an order
der and imposed its own deadlines.
tion for skyjack-
homes of aliens, to raid factories of
verboten because
from the 11th Circuit Court of Ap-
Under American law, no citizen
citizens who employ aliens and to
peals, which had denied it as part
has an obligation to obey the ex-
J.S. have long had
act in other high-handed ways
of the opinion ordering Elian to re-
ecutive, unless its order is lawful
) arrest air pirates
without prior court approval. Civil
main in the United States. They
and backed by judicial authority.
d and turn them
libertarians recall with horror the
were afraid that if they sought
By enforcing its own order, with-
Gen. Barry McCaf-
such an order from a federal dis-
Palmer raids in which immigration
out the judicial imprimatur of a
rug czar, has testi-
trict court, it too would have de-
officials rounded up thousands of
court mandate, the Justice Depart-
erious ally of ours
nied it. So instead of going to
Italian, Irish and Jewish "radicals"
ment has reinforced a precedent
the international
court, the government simply
during and following World War I.
that endangers the rights of all
seized the child based on an uncon-
This practice has continued un-
American citizens.
stro is 74. Big
tested and entirely inappropriate
abated and manifests itself today
usly are in the
search warrant, which courts rou-
in the frequent raids conducted by
Alan M. Dershowitz, a syndi-
in the interest of
tinely issue.
immigration officials in Southern
cated columnist, is the author of
nd of Cuba that
Had there been an adversarial
California, Texas and Florida.
"The Genesis of Justice" (Warner,
be orderly or the
hearing, the Miami relatives would
When the objects of these raids are
2000).
filled with many
Congress of the United States
Washington, DC 20515
April 21, 2000
William Jefferson Clinton
CC: Maria
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, D.C. 20500
Dear Mr. President,
We write to you today to express our deep concerns regarding current and future relations with
the Government of Cuba.
First, we would again strongly urge your Administration to act as quickly as possible to reunite
six-year-old Elian Gonzalez with his father. We have met with Juan Miguel Gonzalez and believe he is a
loving father who desperately wants to have his family whole again. Further delay will only result in
more pain for Elian, his father and their entire family. We are encouraged by your clear and forceful
expression of support for the reunification of this family and hope that reunion occurs soon.
Second, we have just returned from a five-day trip to Cuba with leading academics from
Massachusetts to promote more academic and cultural exchanges between our two countries. We would
ask that the Administration be supportive in providing the necessary licenses and visas for these
exchanges to be successful.
Third, we respectfully ask that you re-evaluate current U.S. policy towards Cuba and use your
executive authority to waive provisions in the Helms-Burton law that continue to inflict economic
hardship on the Cuban people and do nothing towards fostering a more open and democratic Cuba. The
status quo represents forty years of a failed policy. The Elian Gonzalez case puts a human face on the
misunderstanding and distrust that develop when two countries fail to deal with each other in a mature
and rational manner.
Fourth, we believe one way to foster a better relationship is through more direct contact at the
highest level of our Government. We respectfully urge that you, a bipartisan group from Congress,
leading academics and other high-level actors from the U.S. travel to Cuba before the year is out.
Fifth, we ask for the opportunity to sit down with you in the near future to discuss these issues
and our most recent trip to Cuba in more detail.
Mr. President, you have the ability and the opportunity to open a new chapter in the history of
U.S.-Cuban history. We urge you, with all respect, to take advantage of this unique moment and change
the course of U.S.-Cuban relations for the better.
Sincerely,
Inj
James P. McGovern
Member John Monkley Joseph of Congress Moakley
Member of Congress
PRINTED ON ECYCLED PAPER
04/17/00 MON 18:31 FAX 212 535 7488
CHF
001
The
Children's
Hospital
Montal wire
FACSIMILE TRANSMITTAL COVER SHEET
To:
Maria Echaveste
Fax #:
(202) 456-6594
From:
Irwin Redlener, M.D.
Date:
April 17, 2000
The number of pages in this fax (including cover page):
3
If there are any problems with this fax transmission, please call Joan Pierson.
Marge:
As discussed, please forward to Ms. Echaveste.
Thanks.
from the desk of:
Joan Pierson
Executive Assistant to
Irwin Redlener, MD
(212) 535-9707
(212) 535-7488 (fax)
04/17/00 MON 18:31 FAX 212 535 7488
CHF
002
IRWIN REDLENER, M.D.
President
The
Children's
THE
Children's
FUND
Hospital
Health
at Montefiore
April 17, 2000
United States Attorney General Janet Reno
and Commissioner Doris Meissner, Immigration and Naturalization Service
United States Department of Justice
Tenth Street and Constitution Avenue, NW
Washington, D.C. 20530
Dear Attorney General Reno and Commissioner Mcissner:
At the request of Commissioner Meissner, I have been actively engaged in providing strategic guidance
regarding management of the Elian Gonzalez case, including the selection of the mental health professional
team. This team was charged with cstablishing guidelines to ensure an orderly and positive transfer of the
child to the custody of his father.
I believe this nationally esteemed team of child mental health professionals has bccn highly effective in
providing the needed guidance. As requested, the team focused on recommendations specifically geared
toward what the adults related to Elian should do in order to ensure the best possible environment for the
child's reunification with his father. From the beginning, there was an explicit, prospective agreement that
the mental health team would meet with the father and with the custodial family in Miami and not meel
directly with the little boy. This was because the team was asked to evaluate not whether the transfer was
being made, but how it would be made in the least traumatic way possible.
In recent days the crisis has taken a profound turn for the worse, There are continued, frantic legal
maneuverings of the Miami family, a bevy of new, unfounded allegations of paternal abuse raised by the
custodial family about the father's former relationship with Elian and the release of a video tape showing
this six-year old boy expressing anger and other most unusual behaviors on what appeared to be a coached,
homemade recording. All of this has significantly raised the stakes and our level of concern about Elian's
immediate well-being, particularly since it is occurring in an environment of radical hysteria, and
suggestions of public defiance and potential violence promulgated by the custodial family and their
supporters in Miami.
The Children's Health Fund
317 East 64th Street
New York, NY 10021
Telephone 212.535.9707
The Children's Hospital at Montefiore
111 East 210th Street
Bronx, NY 10467
718.920.8025
[email protected]
04/17/00 MON 18:32 FAX 212 535 7488
CHF
1003
Page 2
Attorncy General Janet Reno and Commissioner Doris Meissner
April 17, 2000
My point is this: Elian Gonzalez is now in a state of imminent danger to his physical and emotional well-
being in a home that I consider 10 be psychologically abusive. In a less politically charged environment,
out of the limelight of what has become a mcdia frenzy, appropriate child welfare workers and other public
officials would have already been called upon to evaluate the safety of the current environment and, in my
view, would have removed Elian from the custody of the Lazaro Gonzalez.
Therefore, in my professional judgement, the United States government, through its appropriate agencies
and under its legally vested rights and responsibilities should:
1. Immediately remove Elian Gonzalez from the custody of Lazaro Gonzalez. As I indicated
above, the current environment and the production of the videotape last week reflect a profoundly
disturbing and dangerous environment for this child.
2. Return Elian to the custody of his biologic father, Juan Miguel Gonzalez as quickly as possible.
Every day, indeed every hour of delay in this inevitable and appropriate reunification, is harmful to the
boy and is the cause of extreme anguish to a legitimately distressed father. Our country has no rcason
and no right to continue this unconscionable refutation of a parent's moral right to be with his child.
3. Ask the custodial family to participate in discussions around implementation of reunification
recommendations made by your own mental health consulting team. This should happen once Elian is
returned to the custody of his father.
I believe there is no justification whatsoever to wait any longer in carrying out these actions that 1 believe
are legally appropriate and, more importantly, clearly in the best interest of this child who continues to be
horrendously exploited in this bizarre and destructive ambiance. It has gone on far too long.
Respectfully,
Obede
Irwin Redicner, M.D.
President and Director of Community Pediatrics, The Children's Hospital at Montefiore
Professor of Pediatrics, The Albert Einstein College of Medicine
President, The Children's Health Fund.
317 East 64th Street
New York, New York
(212) 535-9707
03/23/00 THU 11:21 FAX 202 456 5581
DOMESTIC POLICY COL
001
THE Wt ITE HOUSE
WASIIINGTON
FAX COVER SHEET
TO: Mana Echavestic
Fax: 6-1907
FROM: Irene B. Bueno, Special Assistant to the President
for Domestic Policy
217 Old Executive Office Building
Washington, DC 20502
Phone: 202-456-6558 Fax: 202-456-5581
E-mail: irene [email protected] gov
DATE: 3/22/00
PAGES: 5
INCLUDING COVER
Per my e-mail or voice mail.
[
]
For your information or review.
[
]
Per your request.
COMMENTS:
Elian letter
03/23/00 THU 11:22 FAX 202 456 5581
DOMESTIC POLICY COL
002
03/22/00
18:35
002
ORRIN G. MATCH. UTAM. CHAIRMAN
STROM THURMOND. SOUTH CAROLINA
PATRICK J. LEANY. VERMONT
CHARLES E. GRASSLEY. IOWA
COWARD M. KENNEDY, MASSACHUSETTS
ARLEN SPECTER. PENNSYLVANIA
JOSEPH A. BIDEN. 3R., DELAWARE
JON KYL ARIZONA
HERBERT KOHL WISCONSIN
MIKE DEWINE OHIO
DIANNE FEINSTEIN, CALIFORNIA
JOHN ASHCROFT. MISSOURI
RUSSELL D. FEINGOLD. WISCONSIN
United States Senate
SPENCER ABRAHAM. MICHIGAN
RODERT a. TORRICELU. NEW JERSEY
JEFF SESSIONS. ALADAMA
CHARLES E. SCHUMEN, NEW YORK
COMMITTEE ON THE JUDICIARY
BOB SMITH, NEW HAMPSHIRE
MANUS COONET. Chief Counsel and Staff Dirgeror
WASHINGTON, DC 20510-6275
BRUCE A, COHEN, Minority Chief Counsel
A March 22, 2000
The Honorable Doris Meissner
Commissioner
Immigration and Naturalization Service
425 Eye St. N.W.
Washington, D.C. 20536
Dear Commissioner Meissner:
Enclosed are copies of S. 1999. privan immigration legislation for the relief of Elian
Gonzalez-Brotons.
The bill was introduced by Senator Cc mie Mack on January 24, 2000, and referred to the
Senate Judiciary Committee. In order to enst e comprehensive consideration of S. 1999, I ask
that you send to the Subcommittee a departm ntal report on the beneficiary.
Thank you for your attention to this " quest. Please forward the necessary information at
your earliest convenience.
Sincerely,
Spiner Amalian
Spencer Abraham
Chairman
Subcommittee on Immigration
ESA/mai
Enclosures
202 514 4623 P.02/05
THE COMMIS SIONER
DEL
IS:01
03/23/00 THU 11:22 FAX 202 456 5581
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003
03/22/00
18:35
003
CONNIE MACK
FLORIDA
Hnited States Senate
WASHINGTO J. DC 20510-0904
March 22, 26 00
The Honorable Spencer Abraham
Senate Dirksen 329
Washington, D.C. 20510
Dear Spence:
I have recently introduced S. 1999, a private 1 elief bill for Elian Gonzalez-Brotons. I am writing
to ask for your assistance to notify the INS in mediately about the bill and ask for their report on
the case.
As you are aware, Elian Gonzalez was found off the coast of Florida on Thanksgiving Day. The
Coast Guard transported Elian to a local hosp mal. His mother along with 11 others, died during
the voyage from Cuba to the United States. : Don after, the INS granted Elian a temporary
deferral of his inspection and placed him in t e care of his paternal great uncle, Lazzaro
Gonzalez. Several asylum petitions were file 1 on behalf of Elian; however, the INS withdrew
these applications stating that only Elian's fa her could file a petition on behalf of his son.
On January 19, 2000, Lazzaro Gonzalez filed a lawsuit in federal court alleging that the INS
lacked the authority to reject the asylum app ications and was required by federal statutes and
regulations to accept and adjudicate those ap lications. On March 21, 2000, Judge Moore ruled
that the determination to grant asylum is a IV. atter within the discretion of the Attorney General,
and that the Attorney General did not abuse (er discretion in this case.
As you have requested, Elian's alien number is 77013761 and his current address is 2319
Northwest 2nd Street, Miami, FL 33128. Thank you very much for your assistance in this matter.
Sincerely,
Came Connie Mick
mach
United States Senator
202 514 4623 P.03/05
OFC OF THE COMMIS STONER
10:31 0002-22-4HW
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THU 11:23 FAX 202 456 5581
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004
II
Calendar No. 427
106TH CONGRESS
2D SESSION
S.1999
For the relief of Elian Gunzalez-Brotons.
IN THE SENATE OF THE UNITED STATES
JANI ARV 24, 2000
Mr. MACK (for himself. Mr. Toi MORTH, Mr. HELMS, Mr. LoTT. and Mr.
GRAHAM) introduced the Calle wing bill; which was read the first time
JAN LARY 25, 2000
Read the second in LC and placed on the calendar
A BILL
For the relief of Elian Gonzalez-Brotons.
1
Be it enacted by he Senate and IIouse of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. NATURALI LATION OF ELLAN GONZALEZ.
4
Notwithstanding section 337(a) or any other provi-
S sion of title III of t Le Immigration and Nationality Act
6 (8 U.S.C. 140] et St q.), Elian Gonzalez-Brotons shall be
7 considered to be a nis turalized citizen of the United States
8 as of the date of en actment of this Act and shall be fur-
P.04/05
202 514 4623
UFC UF THE COMMI STONER
03/23/00
THU 11:23 FAX 202 456 5581
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4
005
2
1 nished by the Attorney (encral with 21. certificate of natu-
2 ralization.
50/50'd 4623 SIS 202
UFC UF THE COMMI SIONER
7C.AT
ELIAN GONZALEZ
Background
On November 25, 1999, the Coast Guard intercepted two fishermen who had rescued (then)
five-year-old Elian Gonzalez from the Atlantic Ocean off the coast of Florida. His mother had
perished during the ill-fated voyage from Cuba to the United States. The Coast Guard
transported Elian to the hospital, where the Border Patrol (a part of INS) gave him a temporary "
parole" into the care of his great-uncle, Lazaro Gonzalez. Elian's father, Juan Gonzalez, who
had begun gathering birth certificates and other papers the day after Elian was found, soon
requested his son's return through the Cuban government. Elian's Miami relatives, however,
refused to return him, alleged that his father was under duress in Cuba, and filed an asylum
claim in his behalf.
On January 5, INS, after interviewing Elian's relatives in Miami and his father twice in Cuba,
determined that Juan was Elian's father, that he had a close and loving relationship with the boy,
and that he was expressing his true wish that Elian be returned to him (regardless of allegations
that he actually wanted to come to the United States himself). Applying the basic principle that
parents speak and make decisions for their children, INS accepted Juan's request that the asylum
application not be considered, rejected it on that ground, ruled that Elian should be reunited with
his father, and called upon the family to effectuate the transfer cooperatively. The Miami
relatives appealed to the Attorney General, who upheld the INS's decision on January 12.
Just prior to the Attorney General's January 12 decision, the Miami relatives obtained an order
from a Miami-Dade family court purporting to give Lazaro temporary interim custody of Elian,
and the authority to file immigration applications for him. A controversy erupted upon
discovery that the Miami family's publicist Armando Gutierrez had worked on the family court
judge's judicial election campaign. The judge, Rosa Rodriguez, later recused herself from the
case. The Attorney General's January 12 decision stated that "the question of who may speak
for a six-year-old child in applying for admission or asylum is a matter of federal immigration
law," and that the "Florida court's order has no force or effect insofar as INS's administration of
the immigration laws is concerned."
The Miami relatives filed a complaint in the U.S. District Court in Miami, seeking to force the
INS to adjudicate the asylum application filed by Lazaro, and to enjoin Elian's return to his
father. The district court dismissed the complaint on March 21, upholding the Attorney
General's decision that the asylum application was not properly before the INS in view of Juan's
objection to it. The court observed that "each passing day is another day lost between Juan
Gonzalez and his son." The Miami relatives have appealed the decision, but have not sought an
injunction pending appeal. The Department is thus free to carry out its decision under the
immigration laws.
Because the Court of Appeals has set an expedited briefing schedule, with oral argument the
week of May 8, the INS has been willing to entertain the Miami family's request for continuing
Elian's present care arrangements through the appeal. In return, the Department has asked for
assurances that the child will be turned over cooperatively if the Miami relatives' appeal is
unsuccessful. The family has not been willing to give these assurances, and the INS has
indicated that without them it will revoke Elian's parole. Tense negotiations took place during
the week of March 27, and the parole revocation date was twice extended. It is now set for 9:00
a.m. on April 4, with further talks set for April 3.
On March 29, Fidel Castro announced that he would allow Juan Gonzalez, his common law wife
and child in Cuba, and an entourage of relatives, schoolmates, teachers, and medical
professionals to travel to the United States to retrieve Elian. [Discussions are in progress with
Juan's attorney, Greg Craig, regarding arrangements for a possible trip by Juan and others to the
United States. On camera, all that should be said on this score is that the Department has been in
contact with Mr. Craig.]
Talking Points
The ability of parents to speak and make decisions for their children is one of the most
basic principles in our legal system.
The dispute over Elian boils down to this: Certain relatives are preventing Elian from
returning home to his father, simply because the father has the misfortune of living in a
country whose government we do not like. That simply cannot be a basis for separating
children from their parents. Even parents in communist countries are entitled to raise
their children. (If they were not, every child in China and lots of other countries whose
systems of government we oppose should be separated from their parents, too.)
Elian is not being deported or removed from the United States. His father is his sole surviving
parent and has asked that the child be returned to him. In contemplation of law, Elian is
returning voluntarily to Cuba, and is being prevented from doing so by his Miami relatives.
The INS decision in this case, which the Attorney General subsequently ratified and a federal
district court has now upheld, made two essential determinations:
First, a six-year old child is too young to make decisions for himself on matters of
immigration law.
Secondly, the only person who can speak for this child on immigration matters is his
sole surviving parent-his father, with whom Elian has had a close relationship for the
first six years of his life.
The Miami relatives claim that, instead of allowing the child's father to speak for him, Elian "
deserves his own day in court." But, obviously, it is not Elian himself who is directing the court
litigation. It is adults who are purporting to speak for him, and these adults-unlike Elian's
father-are people who had scarcely (or never) even met Elian before four months ago.
This boy is not an orphan. He has a father who loves him. You can see that he is a bright,
precocious, and well-adjusted child. The evidence, carefully gathered by the INS, indicates that
Elian lived with his father for part of every week up until the time he left Cuba, and had an
extremely close and loving relationship with him.
The relatives' recent claim that Elian is "afraid" to return to his father is not relevant. And I
would add that no one claimed he was afraid of his father at the beginning of his stay with the
relatives.
At the beginning of the case, the Miami relatives said that Juan Gonzalez was being held in
Cuba and couldn't speak for himself. Now, when he says he's coming here, they claim he's a
bad father, something they didn't say at the beginning.
The INS is willing to hold up enforcement of its decision voluntarily for the duration or the
appeal if the Miami relatives promise to turn the boy over as required by law if the appeal is
unsuccessful. [This arrangement would be displaced, obviously, if the father actually comes to
America in the interim.] This is not an onerous requirement. INS is not asking the Miami
relatives to do anything more than what is already required by federal law. People who are
given temporary care of a minor, like Elian, who has been paroled into this country must agree
upon request to produce the child when ordered to do so by INS.
Court Actions and Legal Standards
As noted above, the Commissioner's and Attorney General's decisions in this case were based
on a determination of who speaks for a child who is too young to speak for himself on
immigration matters. The Attorney General concluded that, "under universally accepted norms,"
the person who can speak for this child is his sole surviving parent. Although the legal principle
that upholds parental authority over children of tender years does not expressly incorporate a "
best interests of the child" analysis, the fact that our laws uphold the parent-child bond and make
it difficult to deprive parents of custody over such children surely reflects a judgment that it is in
the best interest of children to grow up under the care of their natural parents. [N.B., however,
the penultimate bullet below, to the effect that "best interests of the child" analysis does not even
figure in the state court proceeding.]
When these decisions were challenged in federal district court, Lazaro Gonzalez argued that the
Commissioner and Attorney General had violated the law when they honored the father's
decision that Elian did not want to apply for asylum and therefore declined to adjudicate the
asylum application that other adults had submitted to the INS, purportedly on Elian's behalf.
The federal judge concluded that Congress has delegated broad authority and discretion to the
Attorney General to administer the immigration laws and that her decision that the father speaks
for this child reflected a reasonable interpretation of the immigration law and must be upheld.
The federal judge who dismissed the Miami relatives' case said that "[e]ven this
well-intentioned litigation has the capacity to bring about unintended harm." He also pointed
out the "reality that each passing day is another day lost between Juan Gonzalez and his son."
This case is a matter of federal immigration law. It does not belong in the state courts. An
unaccompanied minor has arrived on our shores, and his sole surviving parent has asked that he
be returned. The father's wish should be carried out, as it is in hundreds of other cases.
The Miami relatives would not get a "best interests of the child" determination even in the state
court. That test is used when you have a parent against a parent. If it's a parent against anyone
else, the parent wins, unless the parent is proven to be unfit. And that requires a very serious
level of proof. Parental rights are among the most fundamental rights recognized in law.
With regard to the bills in Congress, I do not believe the United States should be in the
business of conferring U.S. citizenship or residency on people who do not want to be U.S.
citizens or residents. These benefits are precious, and sought by many as the achievement of a
lifetime. They should not be forced upon people who want only to go home and resume their
lives. And they should not be used for political ends.
04/21/00 12:12 FAX
01
P.O. Box 177
East Hampton, NY 11937
MRS. ANTHONY D.
Tel: 631-324-1596
DUKE
Fax: 631-324-6345
[email protected]
Facsimile
To:
Honorable William 1. Clinton
From: Luly Duke
Attn: Maria Echavesto
Fax: 202-456-1907
Pages: 5
Phone:
Date: 4/21/00
Re:
Elian Gonzalez
CC:
Urgent
For Review
Please Comment
Please Reply
Please Recycle
04/21/00 12:12 FAX
02
Mrs. Anthony Drexel Duke
P.O. Box 177
East Hampton. New York 11937
Telephone (516) 324-1596
April 21, 2000
VIA FACSIMILE
Honorable William Jefferson Clinton
President of United States
White House
1600 Pennsylvania Avenue
Washington, DC
My Dear Mr. President:
In an effort to reunite Juan Miguel Gonzalez with his son Elian, may I suggest a potentially pragmatic
suggestion, which could prevent harmful, chaotic removal of young Elian from his Uncle's home in
Miami? The emotions of the crowds in Miami could create further difficulties and/or cause problems
for the child if not handled properly. My suggestion would lead to a peaceful reunion of the Father and
Son- irrespective of the ultimate legal decision.
Here is my suggestion: My husband and I would be happy to have the Uncle and Marisleysis bring
Elian to our home and have the Cuban Mission in Washington bring Juan Miguel, Elian's father here
for a private reunion.
We would honor the privacy of this reunion. Our home would be open to both sides to remain here for
discussions and to renew their family ties. A friendly, neutrally placed meeting could lead to a proper
solution - a solution first to reunite Father and Son and second to a peaceful end of this deadlock
I understand that Juan Miguel wants the reunion to be a complete transfer of Elian to his custody, and
that Lazaro is requesting a family meeting prior to the transfer of custody. This is the deadlock as I
see it. You are the only one that can break it in a peaceful manner.
I urge you to work closely with Attorney General Janet Reno to contact the attorneys on both sides and
negotiate a meeting of the family, which is essential for Elian's future and his relationship with
Marisleysis.
Warmest and best wishes in hope for a peaceful resolution.
Sincerely yours,
Luly Duke
Luly Duke
P.S. Our home is located in the north side of Three Mile Harbor in East Hampton, New York, In a
secluded neighborhood. The East Hampton Airport can accommodate private planes. President
Clinton as you have been to East Hampton before, 1 trust that you and the Secret Service are familiar
with the area.
04/21/00 12:12 FAX
MISSION STATEMENT
The Fundacion Amistad is a not-for-profit corporation established both to increase
American citizens' awareness of Cuban history, culture and society through
conferences, educational seminars, and exhibits, and to create people-to-people
relationships between Cuban and American educators and other professionals.
Its President and founder is Maria de Lourdes Duke (Luly), who is also Vice President
of The Harbor for Boys and Girls, a sixty year old nonprofit organization in New York
City that provides comprehensive education and counseling services to young people
living in the inner-city.
04/21/00 12:12 FAX
LETTER FROM THE PRESIDENT
May 1998
Fundación organized a symposium held at the
Cooper-Hewitt, National Design Museum,
Smithsonian Institution titled, "Preserving
the Architecture of Cuba". The symposium
attracted Cuban, Cuban-American, and American
architects who came to openly discuss architectural
preservation for the first time.
Fundación and Duke University developed and
implemented a six-week study-abroad program
in Cuba with courses taught at the cultural
institution Casa de las Americas.
November 1998
Fundación facilitated an academic exchange in
which Dr. Calixto Machado lectured at Duke
Fundación Amistad remains dedicated to its
University on his work in the field of Neurology
core mission of increasing the awareness of the
and Neurosurgery.
American public on the history, culture and society
Fundación completed an exploratory trip with
of Cuba through conferences, educational seminars,
Dr. Jean Spaulding, of the Duke University
and exhibits. Over the course of the past ycar,
Medical School to evaluate the Cuban
Fundación has organized and sent several delegations
medical system.
to Cuba in an effort to carry out its mission. With
future projects already in the works, Fundación
January 1999
believes its work is fostering good will and
Fundación and the American Academy of Child
important professional/social relationships
and Adolescent Psychiatry completed a weeklong
between Cuba and the United States.
assessment of Cuban child and adolescent psychia-
try and conducted an information exchange
During 1998-1999, Fundación successfully
between U.S. and Cuban psychiatrists.
initiated professional contacts and educational
exchanges between Cuba and the United States,
May 1999
which included:
Fundación organized and facilitated an exchange
berween Dr. Carmelo Graffagnino of Duke
March 1998
University Medical Center's Neurology
Fundación sent a nine-person delegation of
Department and the Instituto de Neurologia
professionals to Cuba to explore and investigate
de Cuba.
the status of women and children.
June 1999
Fundación Amistad sent a delegation of
educators, architects, and professionals to
attend the First International Culture and
Development Congress in Havana.
2 Fundacion Amistad
04/21/00 12:12 FAX
FUTURE PROJECTS AND INITIATIVES
FOR THE UPCOMING YEAR INCLUDE:
September 1999
New York University's Child Study Center will
travel to Cuba and meet with the Clinica del
Adolescente and other Cuban child psychiatry
groups to address Attention Deficit Disorder
May 2000
and Attention Deficit and Hyperactivity
Duke University will return to Cuba for their
Disorder in children and adolescents.
second Summer Study Abroad program led
by Professor Orin Starn of the Duke University
January 2000
Anthropology Department.
Fundación will assist the Clinica del Adolescente
in implementing their project titled "Towards a
June 2000
Happy Adolescence in the Year 2000".
Fundación will organize a delegation to attend
Fundación will also send the clinic supplies to
and participate in a discussion panel at an inter-
run the program and set up a group to monitor
national conference being held in Cuba regard-
the Clinic's progress.
ing Child and Mental Health Issues.
Fundación is organizing an Institutional and
Management Training Program for Casa de las
As these projects are being planned and imple-
Americas. Casa del las Americas plays a vital role
mented, ongoing efforts are underway to seek
in the arts and culture of not only Cuba, but
foundation support.
throughout Latin America and is in need of
management training programs in order to ensure
I would like to thank the many private citizens,
its survival as an institution in the future.
foundations, and companies who have contributed
and supported Fundación Amistad with all its
February 2000
work. It is my hope that as Fundación prepares
Fundación is developing a Science and
for the coming year, it will receive continued sup-
Environmental Education Program for teachers
port of old and new friends so we can carry on
in Cuba based on a similar program that is
our mission to bring understanding between
run by Boys Harbor in New York City. This
Cuba and the United States.
program will exchange ideas with Cuban
teachers on the ways children can bc taught
to explore, protect and appreciate their
natural environment.
July Duke
Spring 2000
Fundación is creating an initiative ritled
"Cuba: Multidisciplinary Approaches to Mental
Luly Duke
Health and Education". Fundación is putting
President
together a delegation of social workers and
psychologists to conduct an exchange of
information and methodologics with their
Cuban counterparts.
Fundacion Amistad 3
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04/19, APR. VV in 404 15 SUPREI'E COURT PERSONNEL USCA 11THCIK
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
IN THE UNITED STATES COURT OF APPEALS
APR 1 9 2000
FOR THE ELEVENTH CIRCUIT
THOMAS K. KAHN
CLERK
No. 00-11424-D
D. C. Docket No. 00-206-CV-KMM
ELIAN GONZALEZ, a minor, by and through
LAZARO GONZALEZ, as next friend, or,
alternatively, as temporary legal custodian,
Plaintiff,
V.
JANET RENO, Attorney General of the United States;
DORIS MEISSNER, Commissioner, United States
Immigration and Naturalization Service;
ROBERT WALLIS, District Director,
United States Immigration and Naturalization Service;
UNITED STATES IMMIGRATION AND
NATURALIZATION SERVICE; and UNITED
STATES DEPARTMENT OF JUSTICE,
Defendants.
Appeal from the United States District Court
for the Southern District of Florida
Before EDMONDSON, DUBINA and WILSON, Circuit Judges.
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BY THE COURT:
Elian Gonzalez ("Plaintiff"), a six-year-old child from Cuba, has made
his way to the United States. Plaintiff, as an alien, submitted an application for
asylum, pursuant to 8 U.S.C. § 1158(a), to the Immigration and Naturalization
Service ("INS").¹ His father asked, in effect, that the application be
withdrawn. After an investigation, the INS - deciding that Plaintiff could not
apply for asylum himself and that, under the circumstances, only his father
could seek asylum on Plaintiff's behalf- - concluded that there was no reason
not to honor the father's request and, accordingly, refused to consider
Plaintiff's application. Plaintiff then brought suit in federal district court
challenging on several grounds the INS's refusal to consider his application.²
The district court rejected Plaintiff's claims.
1 Several applications for asylum were actually submitted on Plaintiff's
behalf. One was signed by Plaintiff himself. The others were signed by
Plaintiff's great uncle and temporary custodian (se)ected by the INS), Lazaro
Gonzalez.
2 Plaintiff is a minor; Plaintiff's suit was brought by and through Lazaro
Gonzalez as next friend. See generally Fed. R. Civ. P. 17(c).
2
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Plaintiff has appealed the district court's decision to this Court.³ His
appeal is scheduled to be argued orally next month. Plaintiff, however, now
moves for an injunction "to preclude [Plaintiffs] physical removal from the
jurisdiction of the United States during the pendency of this appeal."4 We
conclude that Plaintiff is entitled to such an injunction and grant the motion.
In considering a motion for injunction pending appeal, we examine four
factors: (1) whether the movant is likely to prevail on the merits of his appeal;
(2) whether, if we do not issue an injunction, the movant will suffer irreparable
harm; (3) whether, if we issue an injunction, any other party will suffer
3 This Court, on 27 March 2000, expedited Plaintiff's appeal and
scheduled oral argument for the week of 8 May 2000.
A party must ordinarily first move in the district court for an injunction
pending sppeal. In this case, Plaintiff came directly to the appellate court. A
motion for an injunction pending appeal may be made directly to the court of
appeals when a party shows that moving first in the district court would be
impracticable. See Fed. R. App. P.8(a)(2). In this case, we are satisfied that
Plaintiff has sufficiently shown that it would have been impracticable to move
first in the district court: the time-sensitive nature of the proceedings and the
possibility that we could have lost jurisdiction in the absence of an injunction
support our exercise of discretion in this case. See also Michael V. INS, 48 F.3d
657, 663 (2d Cir. 1995).
On 13 April 2000, a single-judge emergency order, enjoining Plaintiff's
removal from the United States, was issued until a three-judge panel had
considered fully Plaintiff's motion for injunction pending appeal We now
have considered fully Plaintiff's motion, and the single-judge emergency order
has served its purpose. The single-judge order, accordingly, is replaced by this
Order.
3
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substantial harm; and (4) whether an injunction would serve the public
interest. See In re Grand Jury Proceedings, 975 F.2d 1488, 1492 (11th Cir.
1992). Although the first factor is generally the most important, the movant
need not always show that he probably will succeed on the merits of his appeal.
Garcia-Mir V. Meese, 781 F.2d 1450, 1453 (11th Cir. 1986). Instead, where the
"balance of the equities weighs heavily in favor of granting the [injunction],"
the movant need only show a "substantial case on the merits." Ruiz V. Estelle,
650 F.2d 555, 565 (Sth Cir, 1981); see also Hilton V. Braunskill, 107 S. Ct. 2113,
2120 (1987); United States V. Hamilton, 963 F.2d 322, 323 (11th Cir. 1992);
Garcia-Mir, 781 F.2d at 1453.
In this case, the balance of the equities weighs heavily in favor of
enjoining the removal of Plaintiff from the United States pending appeal. And
Plaintiff has made a "substantial case on the merits" of his appeal.
1.
"Balance of the Equities"
The equities, in this case, weigh heavily in favor of issuing an injunction
pending appeal. Apart from concerns about what might happen to this child if
he is returned to Cuba (which we do not address), if Plaintiff leaves the United
4
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States during the pendency of his appeal, his case will likely become moot.
Our failure to issue an injunction pending appeal, therefore, could strip the
Court of jurisdiction over this case and deprive Plaintiff forever of something
of great value: his day in a court of law. That circumstance alone presents a
significant risk of irreparable harm to Plaintiff. See Michael V, INS, 48 F.3d
657, 664 (2d Cir. 1995).
In addition, we doubt that an injunction would harm the INS.⁵ Plaintiff
has been in the United States for nearly five months. The INS refused to
consider Plaintiff's application for asylum more than three months ago. The
INS, however, has not sought to remove Plaintiff in the meantime from the
United States. The suggestion that an injunction pending appeal, prohibiting
the removal of Plaintiff from the United States until Plaintiff's expedited
appeal is decided OD the merits, will harm the INS is not compelling.
Nor do we believe that an injunction pending appeal in this case would
offend the public interest. The INS, in opposition to Plaintiff's motion, invokes
the well-established authority of the political branches of government in
immigration affairs. We fully recognize the plenary power of Congress over
⁵Multiple Defendants are in this case. But we refer to Defendants
collectively as the "INS."
5
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immigration matters. See Jesn V. Nelson, 727 F.2d 957, 965 (11th Cir. 1984)
(en banc). But we fail to see how an injunction in this case infringes upon the
congressional power; after all, the heart of Plaintiff's appeal is that the INS -
by refusing to consider Plaintiff's asylum application - - has disregarded the
command of Congress. And we doubt that protecting a party's day in court,
when he has an appeal of arguable merit, is contrary to the public interest.
We, therefore, conclude that the equities weigh heavily in favor of granting an
injunction pending appeal.6
⁶The INS also asserts that, under the equitable doctrine of "unclean
bands," Plaintiff is unentitled to seek the equitable remedy of an injunction
pending appeal. The INS urges that Lazaro Gonzalez's alleged failure to
comply with an INS order, directing that he surrender Elian Gonzalez to the
INS at a Miami airport, renders Plaintiff's hands unclean. Whether Lazaro
Gonzalez failed to comply with a lawful order of the INS and whether such
failure would justify invocation of the unclean hands doctrine in some cases are
issues that we need not decide today. Lazaro Gonzalez is not the plaintiff in
this case; Plaintiff is Elian Gonzalez. However unclean Lazaro Gonzalez's
hands may be, the INS has suggested no misconduct on the part of Plaintiff,
Elian Gonzalez, that would justify application of the unclean hands doctrine in
this case to him.
6
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2.
"Substantial Case on the Merits"
This case is mainly about statutory construction and the proper exercise
of executive discretion. Among other things, we must ultimately decide what
Congress meant when it said:
Any alien who Is physically present in the United States or who
arrives in the United States irrespective of such alien's status,
may apply for asylum in accordance with this section oΓ, where
applicable, section 1225(b) of this title.
8 U.S.C. § 1158(a)(1). Plaintiff argues that the INS's refusal even to consider
his application violates 8 U.S.C § 1158(a). The INS contends that, because
Plaintiff is a six-year-old child, he is incompetent to submit an application on
his own behalf and that, on the facts of this case, he must have his father
submit the application for him.7 Because his father did not do so, the INS
contends that Plaintiff never actually applied for asylum and that, therefore,
no application exists for its consideration. Even accepting as we do the
principles of deference set out in Chevron V. Natural Resources Defense
Although the INS determined that Plaintiff was incompetent to make
immigration decisions, it bears repeating that the INS made this determination
without having met with Plaintiff or having any evaluations done on his
capacity.
7
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Council, Inc, 104 S. Ct. 2778 (1984), we at this time have doubt, in the light of
the record and Plaintiff's arguments on appeal, about the correctness of the
INS's interpretation of section 1158.
In considering an agency's interpretation of a statute, we first must
examine the plain meaning of the pertinent statutory language: "If the intent of
Congress is clear, that is the end of the matter; for the court, as well as the
agency, must give effect to the unambiguously expressed intent of Congress."
Chevron, 104 S. Ct. at 2781 (1984). The statute in this case seems pretty clear.
Section 1158(a)(1) provides that "[a]ny alien irrespective of such alien's
status, may apply for asylum." Plaintiff appears to come within the meaning
of "[a]ny alien." See 8 U.S.C. § 1101(a)(3). And the statute plainly says that
such an alien "may apply for asylum." We, therefore, question the proposition
that, as a matter of law, Plaintiff (unless bis father consents) cannot exercise
the statutory right to apply for asylum.
Congress's provision for "any alien" is not uncertain in meaning just
because it is broad. See Pennsylvania Dep't of Corrections V. Yeskey, 524 U.S.
"Congress specifically and expressly excluded three groups of aliens
from the meaning of "[a]ny alien." See 8 U.S.C. § 1158(a)(2). School-age
children are not among the excluded groups, however. See id.
8
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206, 211 (1998). If Congress had meant to include only some aliens, perhaps
Congress would not have used the words "any alien." In addition, although
the INS has the authority to issue regulations and procedures governing the
submission of asylum applications, see 8 U.S.C. § 1158(d), the INS cannot
properly infringe on the plain language of the statute or the clear congressional
purpose underlying it. See Shoemaker V. Bowen, 853 F.2d 858, 861 (11th Cir.
1988). Nor can the INS properly narrow the scope of a statute through
regulation. See Ellis V, General Motors Acceptance Corp., 160 F.3d 703, 708-
09 & n.5 (11th Cir. 1998). At this time, we cannot say that "any alien"
excludes Plaintiff: given the plain language of the statute, he might be entitled
to apply personally for asylum. Furthermore, it seems unclear that an INS
decision to treat Plaintiff's application as a nullity without an adjudication on
the merits is a "procedure for the consideration of [Plaintiff's] asylum
application." See 8 U.S.C. § 1158(d)(1).
⁹To some people, the idea that a six-year-old child may file for asylum in
the United States, contrary to the express wishes of his parents, may seem a
strange or even foolish policy. But this Court does not make immigration
policy, and we cannot review the wisdom of statutes duly enacted by Congress.
If Congress intended - -- as evidenced by the plain meaning of section 1158 -
that a school-age child (such as Plaintiff) be able to file personally an
application for asylum, this Court and the INS are bound to honor the policy-
decision made by Congress.
9
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Not only does the plain language of the statute seem to support Plaintiff's
argument that he, despite his age, is entitled to apply personally for asylum,
the present regulatory scheme created by the INS also seems to strengthen
Plaintiff's position. The existing INS regulations do envision situations where a
minor may act on his own behalf in immigration matters.¹⁰ Moreover, the
regulations contemplate that a minor, under some circumstances, may seek
asylum against the express wishes of his parents.¹¹ Also, the INS Guidelines
for Children's Asylum Claims (Dept. of Justice, December 1998)
10See 8 C.F.R. § 103.2(a)(2)("An applicant or petitioner must sign his or
her application or petition. However, a parent or legal guardian may sign for
a person who is less than 14 years old.") (emphasis added); 8 C.F.R. §
236.3(h)("When a juvenile alien is apprehended, he or she must be given a
[Notice of Rights and Disposition Form]. If the juvenile is less than 14 years of
age or unable to understand the notice, the notice shall be read and explained
to the juvenile in a language be or she understands. In the event a juvenile who
has requested a bearing pursuant to the notice subsequently decides to accept
voluntary departure or is allowed to withdraw his or ber application for
admission, a new [form] shall be given to and signed by the juvenile.").
"See 8 C.F.R. § 236.3(f) ("If a juvenile seeks...any form of relief from
removal, where it appears that the grant of such relief may effectively
terminate some interest inherent in the parent-child relationship and/or the
juvenile's rights and interests are adverse with those of the parent, and the
parent is presently residing in the United States, the parent shall be given
notice of the juvenile's application for relief"); Polovchak V, Meese, 774 F.2d
731 (7th Cir. 1985); cf, Johns V. Dept. of Justice, 624 F.2d 522 (Sth Cir. 1980).
10
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("Guidellnes") envision that young children will be active and independent
participants in the asylum adjudication process.¹²
¹²The Guidelines provide asylum officers with information about how to
talk to and interview a young child about his asylum application. The
Guidelines repeatedly stress that the kind of questions which should be asked
and the kind of apswers which should be expected varies according to the age
of the applicant and that special care should be taken when interviewing young
children. The Guidelines also say that "Asylum Officers should not assume
that a child cannot have an asylum claim independent of the parents," and that
"[w]hen a parent or parents do not appear to have an approvable claim, an
Asylum Officer should routinely make an inquiry into the child's case even
though the child may be listed merely as Я derivative on a parent's application
and may not have filed a separate [] asylum application." See Guidelines at
15. The Guidellnes also say that "the age, relative maturity, ability to recall
events, and psychological make-up of the child will affect the quality of the
answers an Asylum Officer is able to elicit from that child. While the burden
of proof remains on the child to establish his or her claim for asylum, an
Asylum Officer must take these and other factors into account when assessing
the credibility of a claim and must also attempt to gather as much objective
evidence as possible to evaluate the child's claim." See Guidelines at 17.
Above all, the INS Guidelines say that "[w]hen it appears that the will of the
parents and that of the child are in conflict, the adjudicator 'will have to come
to a decision as to the well-foundedness of the minor's fear on the basis of all
the known circumstances, which may call for a liberal application of the
benefit of the doubt" See Guidelines at 20 (citations omitted).
An additional point of interest is that the INS Asylum Officer Corps
Training Guidelines for Children's Asylum Claims (INS January 1999) discuss
the three age-based developmental stages of children (0-5, 6-12, 13-18 years
old) and provide guidance for asylum officers in dealing with children in each
category. Notably, the training guidelines.provide an example of a statement
from a six-year-old child and provide information which can be used to assess
statements by children of that age. See id. at 10-18,
11
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The INS has not pointed to (nor have we found) statutory, regulatory or
guideline provisions which place an age-based restriction on an alien's ability
to apply for asylum. And we have found no preexisting requirement that a
minor, in submitting an asylum application, must act through the
representative selected by the INS."
Not only does it appear that Plaintiff might be entitled to apply
personally for asylum, it appears that he did so, According to the record,
Plaintiff -- although a young child - has expressed a wish that he not be
returned to Cuba. 14 He personally signed an application for asylum.15
"The INS Guidellnes cite to a number of studies and articles dealing
with the ability of children to testify as witnesses in judicial proceedings. See
Guidelines, at 13 n.21. At the least, this reference supports the inference that
the INS envisioned that the kind of competency required for a minor to apply
for asylum is competency to testify, see Maryland V, Craig, 497 U.S. 836
(1990), not legal competency to contract and so on, which is a much different
standard.
Caselaw supports the inference that complete legal competency has not
been the determinative circumstance for whether a minor may apply for
asylum. See Polovchaky. Meese, 774 F.2d 731 (7th Cir. 1985)(allowing a 12-
year-old minor to apply for asylum).
"We do not now suggest that the stated intentions of a six-year-old child
are dispositive or even entitled to substantial weight in deciding whether the
child ultimately receives a grant of asylum. Still. a colorable argument exists
that a school-age child's expressed wishes about where he wants to live can
trigger the requirement that Plaintiff's claim for asylum be given full and fair
consideration. This conclusion may be particularly true where, as here,
Plaintiff has indicated to mental health professionals that he does not want to
12
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Plaintiff's cousin, Marisleysis Gonzalez, notified the INS that Plaintiff said he
did not want to go back to Cuba. And it appears that never have INS officials
attempted to interview Plaintiff about his OWD wishes.
Even if the INS is correct that Plaintiff needs an adult, legal
representative for his asylum application, it is not clear that the INS, in finding
Plaintiff's father to be the only proper representative, considered all of the
relevant factors - particularly the child's separate and independent interests
in seeking asylum. Cf. Polovchak V. Meese, 774 F.2d 731, 736-7 (7th Cir.
1985); Johns V. Dept. of Justice, 624 F.2d 522, 524 (5th Cir. 1980) (recognizing
in the context of a deportation hearing that the mother's interests are not
necessarily the same as her four-year-old child's). It does not appear that the
INS ever spoke to or interviewed Plaintiff before making this determination.
And Lazaro Gonzalez, Plaintiff's great uncle, is no stranger to Plaintiff. The
return to Cuba, and where those mental health professionals have said that he
understands what be is saying. These statements might ultimately not be of
great weight in determining Plaintiff's application for asylum, but we are not
sure that they can be summarily dismissed as having no weight at all.
15Plaintiff's application was complete. To date, none of Plaintiff's
applications were returned by the INS for being incomplete. According to its
own regulations, the INS "shall adjudicate the claim of each asylum applicant
whose application is complete within the meaning of § 208.3(c)(3)." 8 C.F.R. §
208.9(a) (emphasis added).
13
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INS placed Plaintiff in Lazaro's care upon Plaintiff arrival in this country,
and Lazaro is a blood relative. When Lazaro submitted applications for
asylum on Plaintiff's behalf, Lazaro was the INS's designated representative to
take care of Plaintiff and to ensure bis well-being. See 8 C.F.R. § 236.3(b)(4)
(stating that where a minor is paroled to someone other than the parent or
legal guardian, "such person must execute an agreement to care for the
juvenile"). Lazaro's interests, to say the least, are not obviously bostile to
Plaintiff's interests. So, for now, we remain unconvinced that the asylum
application submitted by Lazaro on behalf of Plaintiff necessarily was
ineffectual under the law.
For these reasons and in these circumstances, we believe that Plaintiff
has presented a substantial case on the merits
CONCLUSION
By its nature, this Order sets out more questions than answers, We have
not attempted to address every point advanced by both sides, but we have
attempted to explain our decision to grant the injunction. No one should feel
confident in predicting the eventual result in this case,
14
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The true legal merits of this case will be finally decided in the future.
More briefing is expected. We intend to hear oral argument. We need to
think more and hard about this case for which no sure and clear answers shine
out today. Still, because of the arguments presented as well as the potential
inconsistencies of the INS's present position with the plain language of the
statute and with the INS's own earlier interpretations of the statute in INS
regulations and guidelines, and because of the equities in this case, we conclude
that Plaintiff is entitled to an injunction pending appeal.16
Therefore, it is ordered that:
(1) Plaintiff, Elian Gonzalez, is ENJOINED from departing or attempting to
depart from the United States;
¹⁶The INS, in its response to Plaintiff's motion, said it would consent to
an injunction requiring the INS to bar Plaintiff's departure from the United
States if this Court also entered an order directing Lazaro Gonzalez to present
Plaintiff to the INS, as directed by the INS, for transfer of care to Plaintiff's
father. We decline to proceed in that manner.
To decide Plaintiff's motion and to preserve his right to a day in court,
we need only address the issue of Plaintiff's removal from the country. We
need not decide where or in whose custody Plaintiff should remain while this
appeal is pending. This Order only prevents Plaintiff's removal from this
country.
15
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(2) Any and all persons acting for, on behalf of, or in concert with Plaintiff,
Elian Gonzalez, are ENJOINED from aiding or assisting, or attempting to aid
or assist, in the removal of Plaintiff from the United States;
(3) All officers, agents, and employees of the United States, including but not
limited to officers, agents, and employees of the United States Department of
Justice, are ENJOINED to take such reasonable and lawful measures as
necessary to prevent the removal of Plaintiff, Elian Gonzalez, from the United
States.¹⁷
MOTION GRANTED.
IT IS so ORDERED.
"Plaintiff, in his reply brief, requested that this Court order mediation
in this case. Although we may direct the parties to participate in mediation,
see Fed. R. App. P. 33, we choose not TO do so at this time. Nevertheless, we
encourage the parties to avail themselves voluntarily of this Court's mediation
services.
16
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Office of the Deputy Attorncy General
U.S. Department of Justice
Washington, D.C. 20530
FAX COVER SHEET
DATE: 4/19
TO:
Beth Nolan
PHONE NO.
456-2632
FAX NO.
456-6279
FROM:
JAMES CASTELLO
Associate Deputy Attorney General
PHONE NO.
514-3392
FAX NO.
514-6897
NO. OF PAGES:
(EXCLUDING COVER)
COMMENTS:
Ei.on
To the editors:
Laurence H. Tribe, writing in today's edition of the Times, gets it embarrassingly wrong
when he asserts that in the Justice Department's recovery of Elian Gonzalez from his great
uncle's home in Florida "no judge or neutral magistrate had issued the type of warrant or other
authority needed for the executive branch to break into the home to seize the child." Justice
Taken Too Far, April 25, 2000, page A-31. Professor Tribe goes on to state, just as incorrectly,
that "the agents who stormed the Miami home were armed
with a search warrant,
not a
warrant to seize the child."
Professor Tribe makes these erroneous assertions in an effort to answer what he calls "a
vital question: Where did the attorney general derive the legal authority to invade that Miami
home in order to seize the child?" Had the good professor or the editors of the Times bothered to
ask that question of the Department before printing their allegations, however, they would have
discovered that before entering the premises on the morning of April 22, 2000, the Department
had obtained a warrant, issued by United States Magistrate Judge
, authorizing the
Department to search "the residence of Lazaro Gonzalez, located at 2319 N.W. 2nd Street,
Miami," and to seize "the person of Elian Gonzalez, date of birth December 6, 1993, a native and
citizen of Cuba." Thus, contrary to Professor Tribe's assertion, the Department had obtained
precisely "the type of warrant
needed
to break into the home and seize the child."
The magistrate was correct to issue that warrant. As was explained in the memorandum
of law submitted by the Department of Justice in support of its application, the warrant was
authorized by Federal Rule of Criminal Procedure 41(b), which has long provided that a warrant
"may be issued
to search for and seize any
person
who is unlawfully restrained." This
rule is designed to permit just the type of action taken here -- entry to recover a child or other
person being held without legal justification.
As is well known, Elian was "unlawfully restrained" by his great uncle because on April
12, 2000, the INS had revoked Elian's parole. terminated his great uncle's right to temporary
custody, and directed his great uncle to return Elian to the INS so that he could be reunited with
his father, Juan Miguel Gonzalez. Elian was also "unlawfully restrained" because the great
uncle's retention of Elian was contrary to Juan Miguel's clearly expressed wish to have custody
of his own son. The great uncle had steadfastly refused for nine full days to surrender his illegal
retention of Elian. The Department's entry and recovery of Elian, therefore, was pursuant to a
warrant and unambiguously lawful.
One may legitimately disagree with the judgments that led to the recovery of Elian
Gonzalez last Friday, although we believe the Department of Justice had no choice. But there
can be no dispute about the legal bases for those actions. This paper and Professor Tribe owe the
Department an apology for claiming otherwise.
A6
INDIAN COUNTRY TODAY, WEDNESDAY, APRIL 12, 2000
Elian's family seeks
Native support
'We all know what is morally right'
By Valerie Taliman
Elian's maternal grandmother. Raquel
Cuba under dangerous and illegal circum-
TODAY CORRESPONDENT
Rodriquez, denied widely reported specu-
stances. Elian spent equal time at his
lation that her only child, Elizabeth, had
mother's and father's homes with close ties
HAVANA, Cuba - Elian Gonzalez, the 6-
sacrificed her life so that Elian could grow
to both families
year-old Cuban boy shipwrecked last
up in a free country.
Juan Miguel Gonzales was waiting for
November, is suffering the same fate as
"This is not true," Rodriquez said. not-
his son to arrive at his home when he
many Native children whose lives were
ing Elizabeth refused to make the trip to
heard the terrible news.
forever changed by U.S. government poli-
Miami with her boyfriend. Lazaro Munero
One little-known fact is that Elizabeth
cies, said Dennis Banks, co-founder of the
Garcia, once before. in June 1998.
had seven miscarriages before his birth.
American Indian Movement.
"I was her mother. I speak for her
Juan Miguel and Elizabeth sought the help
In one of two meetings held at the
because I know how she felt and how she
of fertility specialists and followed doctors'
request of Elian's family here, Banks
behaved. She had everything she needed
instructions for five years before they were
recalled that thousands of Indian children
here - her family, friends, a good job. I
able to have their cherished Elian.
were taken by the government and placed
believe she was forced to take the trip
U.S. Immigration and Naturalization
in boarding schools where they were
because she had a (boyfriend) who was
Service officials have pleaded with Elian's
forced to assimilate into American society.
very violent and threatened her. This is
relatives in Miami to allow a peaceful
"Removing children from their parents
what led to this tragedy," she said.
reunion with his father when he arrives in
and extended family resulted in the loss of
Two survivors of the boat wreck said
the United States with relatives and Elian's
languages. cultural identities and many
Munero Garcia ran a smuggling operation,
teacher and pediatrician.
traditional teachings." he said. "The
charging Cubans $2,000 each for the jour
Elian's great-uncle Lazaro Gonzalez has
BILL HACKWELL/INDIAN COUNTRY
United States is showing very weak judg-
ney to Florida. His elderly mother and
waged an ugly battle to keep the little bov
Juan Miguel Gonzalez and Native delegation dancers (left) Lakota Gilbert
ment in keeping this young boy from his
Elizabeth were among 11 Cubans who lost
in Miami under his care, citing the "better
Blacksmith. Diné-Northern Ute Tori Nikei and Klinket-Lakota Thomas Yellowhorse.
father and grandparents.
their lives at sea. Elian was found clinging
life" available to the child in the United
"We've struggled with this issue in
to an inner tube two days after the boat
States.
family.
send to Native Americans, the grandmoth-
Indian Country trying to keep our families
went down and was released into tempo-
Anti-Castro demonstrators in Miami
Meanwhile, Rachel Rodriquez and
ers expressed good will and friendship,
together." Banks explained, noting that the
rary care of his great-uncle Lazaro
vowed that "Elian will not leave" in
Mariela Quintana. Elian's grandmothers
saying they welcome Native people to visit
Indian Child Welfare Act was created to
Gonzales, an auto body repairman who
protests over the last few days and have
wait for him at home, praying for his safe
their country and see first-hand the good-
curb the forced removal of Native children
lives in Miami.
promised to form a human chain to pre-
return.
ness of the Cuban people.
from their families.
The grandmothers said the family had
vent authorities from attempting to
"I still have his Christmas presents,"
"Tell them to pray for our grandson."
"We all know what is morally right," he
no idea Elizabeth had taken Elian and left
reunite him with his father and Cuban
Rodriquez said.
they said.
added. "Elian should be returned immedi-
Asked what message they would like to
ately."
On a recent 10-day cultural exchange to
several provinces in Cuba. Banks and 13
other members of a Native delegation met
with Elian's father, stepmother. baby
brother. his four grandparents and Ricardo
Alcaron, president of the Cuban National
Assembly.
The family, tearful at times, expressed
the anguish and heartache they feel daily
while waiting for U.S. officials to honor
international law and return their child.
They said they struggled to understand
why distant relatives in Miami who had
met Elian only once would try to keep him
over differences in political beliefs.
The delegation offered prayers, solace
and support for Elian's safe return as thou-
sands of Cuban citizens, mostly women.
PHOTOCOPY
marched to demand his return to Cuba.
The delegation included members of the
PRESERVATION
Lakota, Diné, Anishinabe, Northern
Paiute, Winnebago, Tlinget, Northern Ute.
Omaha and Oneida tribes.
Department of Justice
Statement By the Department of Justice
March 28, 2000
"From the beginning, we have been mindful of the fact that at the center of this case is a six year
old boy who has been through a terrible ordeal. We are concerned for him and will continue to
try to resolve this matter in a way that avoids additional trauma to him.
"We have gone to great lengths to bring about a resolution that is prompt and that is carried out
in a manner that creates as little disruption for Elian as possible. Since the Commissioner
annoùnced her decision on January 5, 2000 that Elian Gonzalez' father speaks for Elian in
immigration matters, the INS has encouraged all parties to work together to facilitate Elian's
return to his father in a cooperative way.
"Both U.S. and international law recognize the unique relationship between parent and child, and
family reunification has long been a cornerstone of both American immigration law and INS
practice. This is a country where the rule of law is respected and upheld. A federal court has
considered this case and has sustained the Justice Department's decision, a decision which was
based on the facts and the law.
"It has been nearly twelve weeks since the Commissioner's decision, and four months since Elian
was separated from his father and lost his mother. It is time for this little boy, who has been
through so much, to move on with his life at his father's side. "As District Court Judge Moore
said in his ruling last week: "each passing day is another day lost between Juan Gonzalez and his
son.
"We continue to urge everyone involved to work together to understand, respect and uphold the
bond between parent and child and the laws of the United States."
###
Talking Points
March 27, 2000
We have never taken the position that we would wait out a full appeals process before
reuniting Elian and his father.
We offcred the Miami relatives an agreement to postpone the reunion of Elian and his
father until the end of the 11th Circuit process if Lazaro Gonzalez explicitly agreed to
promptly turn over Elian if their appeal did not prevail. and barring an injunction from the
SC pending cert.
They have not agreed -- or in fact responded to this reasonable option that preserves
their appeal rights while ensuring that Elian will not have to wait for an prolonged period
before being reunited with his father.
We are in the process of informing Lazaro Gonzalez' counsel that we want to meet with
them to work out the details of an orderly reunion between Elian and his father. We have
informed counsel for Lazaro Gonzalez that Elian's parole status will be terminated as of
Thursday, March 30, 2000 at 9:00 am.
Q:
What if they still agree - will you wait out this longer schedule?
A:
We would not speculate.
Q:
What is your reaction to the Court's schedulc?
A:
We' re grateful that the Court of Appeals is willing to expedite its consideration of the
case, however we continue to be concerned about the continuing separation of this little
boy from his father. As we explained to the Court in our filing today, Lazaro has twice
failed to commit to the condition that he to promptly turn over Elian if his appeal does not
succeed. That being so, and as we told the Court of Appeals, the INS is under no
obligation to maintain the current arrangement.
Q:
The relatives have filed a notice of intent to appeal and say they will stay the course. Will
you wait until all appeals are exhausted before removing the child?
A:
As I have said, we are committed to reuniting this child with his father in a fair,
prompt, and orderly way. Beyond that, I am not going to discuss the steps we may
take or a timetable for achieving the reunion.
Q:
What is the next step?
A:
I do not think it would be appropriate for me 10 share the details of our plans, but I can
say we will work with everybody concerned to achieve an orderly, fair and prompt reunion
between Elian and his father.
Department of Justice
AG
FOR IMMEDIATE RELEASE
(202) 616-2777
Friday, March 24, 2000
WWW.USDOJ.GOV
TDD (202) 514-1888
Statement by Attorney General Janet Reno
on the Elian Gonzalez Case
"As I said earlier this week, our goal is to reunite Elian with his father in a fair, prompt
and orderly manner. From the beginning, we have been mindful of the fact that at the center of
this case is a six year old boy who has been through a terrible ordeal. We are concerned for him
and will continue to try to resolve this matter in a way that avoids additional trauma to him.
"Earlier this week, Federal District Court Judge K. Michael Moore sustained our
judgment that Elian should be reunited with his father. We have been willing to postpone the
reunion while the district court considered the case, but wc are not willing to wait through an
open-ended appeals process that could prolong the separation of this child from his father. We
agree with Judge Moore that "each passing day is another day lost between Juan Gonzalez and his
son," and we cannot risk the harm that a prolonged separation might create.
"That is why we have proposed a solution that allows Elian's Miami relatives adequate
opportunity to appeal their case, while working to achieve a reunion between Elian and his father.
"Yesterday, we asked the relatives to agree to an expedited appeals schedule, and we also
asked them to commit to quickly returning Elian to his father if their appeal does not prevail. As
of this moment, they have not agreed 10 comply with these terms.
"We will continue to try to reach an agreement with Elian's Miami relatives that meets
these objectives. To that end, we have sent their attorneys another letter this evening setting forth
the next steps.
"A great strength of the United States is that we are a Nation of laws and of respect for
the law. I hope that all in the community will work together to uphold our laws and help make an
orderly process possible."
###
00-144
03/28/00 TUE 10:03 FAX 202 456 9110
NSC/LGL ADVISER
001
NATIONAL SECURITY COUNCIL
CC: Maria
WASHINGTON, D.C. 20506
Echaveste
OFFICE OF THE LEGAL ADVISER
MARY DEROSA
Phone: 202/456-9111
FAX: 202/456-9110
Date:
3/28/00
FAX TRANSMITTAL COVER SHEET
TO
PHONE
FAX
Jim Steinberg
69491
69490
Beth Nolan
62632
66279
Caryn Hollis
69137
69130
Dan Feldman
69141
69140
COMMENT: This is the most recent DOJ letter.
Page 1
of 3
03/28/00 TUE 10:03 FAX 202 456 9110
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MAR-27-2000 21:24
INS GENERAL COUNSEL
P.02/03
U.S. Department of Justice
Immigration and Naturalization Service
Office of the Executive Associate Commissioner
425 I Street NW
Washington. DC 20536
MAR 27 2000
Spencer Eig, Esq.
420 Lincoln Road
Suite 379
Miami Beach, Florida 33139
Dear Mr. Eig:
Re:
Elian Gonzalez V. Reno, et al., No. 11424-D (11th Cir.)
We have received your letter of this afternoon addressed to the Attorney General
responding to our letter of March 24, 2000, as well as your motion to set a briefing schedule for
your client's appeal to the Eleventh Circuit. We appreciate your willingness to move this case
forward in an expedited manner. Your letter this afternoon does not, however, constitute the
agreement that we proposed. In particular, you have refused to commit to a key element of the
government's proposal of last week, namely, that your client specifically agree to comply with
instructions of the Immigration and Naturalization Service (INS) concerning the transfer of Elian
if the government prevails on appeal. Far from depriving Lazaro Gonzalez of his right to appeal,
we have attempted to accommodate his interest in obtaining review by the Court of Appeals
while assuring a prompt and orderly reunification of Elian and his father if the district court's
decision is affirmed.
Your client's failure to make this commitment is critical to the government for two
reasons. First, the provision of such a commitment upon request is required under Federal law as
a condition of Elian's parole. See:8 CFR 212.5(c). Second, we strongly share your client's
stated desire that his relationship with the government remain a cooperative one, and we
emphasize that this is and will continue to be a matter entirely within his control. By giving and
abiding by this commitment, your client can ensure that the case is resolved cooperatively and in
a manner least disruptive to the child.
From the beginning of this case we have gone to great lengths to bring about a resolution
that is reasonably prompt and that is carried out in a cooperative manner with as little disruption
03/28/00 TUE 10:03 FAX 202 456 9110
NSC/LGL ADVISER
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MAR-27-2000 21:25
INS GENERAL COUNSEL
P.03/03
Spencer Eig, Esq.
Page 2
for Elian as possible. Since the Commissioner announced her decision on January 5, 2000, that
Elian Gonzalez' father speaks for Elian in immigration matters, the INS has voluntarily withheld
implementation of that decision to allow your client to seek further review of that decision, first
by the Attorney General and then by the Federal District Court. Nearly twelve weeks have
passed since the Commissioner's decision, and you have never provided us with a simple, clear
statement that your client is willing to produce the child when requested to do so by the INS.
Without a specific written commitment as described in the Department of Justice's letter of
March 23, 2000, we have no choice but to move forward with the termination of Elian's parole
as of Thursday, March 30, 2000, at 9:00 a.m.
Accordingly, it remains necessary to meet with District Director Robert Wallis at 9:00
a.m. tomorrow morning at the INS District Office, 7880 Biscayne Boulevard, Miami. As we
have previously stated, it will not be necessary to bring Elian to this meeting. We continue to
believe that it is advisable to bring Lazaro Gonzalez to this meeting. If you prefer that
tomorrow's meeting take place between lawyers only, and postpone a meeting with Lazaro until
Wednesday, we would agree to that. We intend to discuss the ramifications of the parole
termination and the orderly return of Elian to his father, including, most importantly, measures to
ensure that the transfer occur in a manner that is sensitive to the needs of Elian.
Should you have any questions or concerns, please contact Assistant United States
Attorney Dexter Lee at (305) 961-9320.
Sincerely,
Commissioner
For Field Operations
cc: Opposing co-counsel
TOTAL P.03
03/27/00 MON 17:11 FAX 202 456 9110
NSC/LGL ADVISER
100%
NATIONAL SECURITY COUNCIL
WASHINGTON. D.C. 20506
OFFICE OF THE LEGAL ADVISER
FAX TRANSMITTAL COVER SHEET
DATE:
TO: Beth Nolars
FROM:
Mary PeRosa
PHONE NO.:
PHONE NO.: (202)456-9111
FAX NO.:
FAX NO. : (202)456-9110
66279
COMMENTS:
Another letter from the Miami
Januly just got Many this)
NUMBER OF PAGES (including cover page) :
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17:53
202 456 9130
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NSC-INTERAMERICA
4
002
0
002
10.10
0202 514 1778
INS FRESS OFFICE
03/27/00 13:28 202 511 9077
001
DOJ
Sent Ry: I.AW OFFICES OF SPENCER EIG;
DOI
3058723770;
War-27-00 12:04FM;
Page 1/2
49077
SPEN CER EIG
ATTORNEY-AT LAW
45% UNCOLN ROAD
SUITE BC
MIAMI BEACH. FLORIDA 33130
ADMITTED IN:
TEL (305) 672.2770
FLORIDA
FAX: (305) 6723770
GEORGIA
[email protected]
DISTRICT OF COLUMBIA
B"H
March 27, 2000
Hon. Janet Reno
Artorney General of the United States
OPTIONAL FORM 99 (7-90)
4
JOth and Constitution Avenue, N.W.
FAX TRANSMITTAL
# of pages
Washington, D.C. 20536
To
From
BY FACSIMILE
Dept./Agency Mary; DAN ERic;
Phone CARYN
Fax #
Fax #
Rc: Elian Gurrale
NBN 7540-01-317-7388
6099-101
GENERAL SERVICES ADMINISTRATION
Dear Attorney General Remo:
We have complied with your demand for an expedited appeal. IVOT
We continue lo view your ultimature to cut off Elien's appollate rights as improper and
rather un-Americsn Simply put INS has threatened to use force to seize the boy to
prevent him finm completing his appeal in a frie and proper way. In order to avoid the
intense psychological harm to Flien that forced deportation would cause. we have filed an
emergency motion for an expedited appeal in the Eleventh Circuit Court of Appeals this
morning
In light of our cooperation we request that your officials cease their constant threars TO
revake Elian's parole. These heavy-handed tactics demonstrate B lack of sensitivity to
Elian, his family and this community. Your officials have repeatedly failed to inform
anyone of their imentions regarding Elian if they do revalce his parole. The only
conceivable purposes of revoking Ellan's parule are to either return him to the fascist
regime in Cuba prior to the completion of the appellate process or to institutionalize him
pending the ourcome of the appeal.
If your purpose is to return him to Cuba immediately. you are in effect, denying Elian
any appeal whaisocver. Once Elian is returned TO Castro's clutches he will not bc
permitted TO leave if his appeal is successful.
03/27/00 MON 16:05 [TX/RX NO 7554) of 001
03/27/00
MON
17:12
FAX
202
456
9110
NSC/LGL ADVISER
17:04
20202 456 9130
NSC-INTERAMERICA
003
03/27/00 16:45 FAT
a
003
03/27/00 " 16:16
202 514 1776
INS PRESS OFFICE
002
03/27-00
13:28
3202 514 3077
DOJ
Sent By: LAW OFFICES OF SPENCER EIG;
3056/23/70;
2002
Mariz/-00 12:04PM;
rage 212
TE your desire is to institutionalize Elian pending the appeal. or alter his present custody
anangements, we do not understand how you can consider this to be "the manner most
conducive to Plian's well-beigg." Currently. Flian is being eared for by his family, IO
where be has grown immensely attached since the premature nd traumatic death of his
beloved mother. No institution or stranger is capable of nururing Elian to the degree that
Marisleysis Lazaro, and his loving relatives can The permanent psychological harm this
will cause Elian has already been confirmed by his child psychologist and psychiauist
The reports have been communicated to you already, and are part of the record of this
case. Any barmful actions in Hight of the contents of those reports could only bc
described as reckless and wanton conduct It's ironic that with all the money and effort
expended by the White House, the Justice Department and the INS to deport Elian to
CubiL you have never sought to have Elian or his best interests evaluated by expens in
any way. as we have dane.
5 light of the fact that we have filed for the expedited uppeal you sought, the meeting the
Associate Commissioner suggested between Lazaro Gonzalez and INS enforcement
officials will not bc necessary. We look forward to working with your officials achieve a
prompt and fair adjudication of Elian's best interests. We remain saddened that you
rejected out of hand our innovative suggestion of prompt. binding arbitration
You should be aware of receim. broadcast threats by Cuban President Fidel Castro TO send
an anned commando team to Miami TO kidnap Elian. Consequently, the Gonzalez family
has asked the Lincoln-Maru School to educate Elian at home for the time being. The
family's decision is based in part on their desire not to endanger the lives of Elisn's
schoolmates,
Wc conclude with assurances that the Gonzilez family will continue to observe the laws
of the United States and the State of Florida
Sincerely,
LAW OFFICES OF SPENCER BIG
By: SPENCER BIG
ROSENTHAL & RASCO
LAURA FABAR, P.A.
By: EDUARDO RASCO
By: LAURA FABAR
COFFEY DIAZ & O'NAGHTEN, L.I.P.
RUDEN, McCLOSKY, SCHUSTER
By: KENDALL COFFEY
& RUSSELL. P.A.
MANUEL DLAZ
By: JOSE GARCIA-PEDROSA
HACKLEY. BERNSTEIN
GREENBERG TRAURIG. P.A.
& OSBERG-BRAUN. P.L.
By: BARBARA LAGOA
By:
LINDA OSBERG-BRAUN
JUDD I. GOLDBERG
ROGER BERNSTEIN
ELIOT PEDROSA
03/27/00 MON 16:05 ITX/RX NO 75541
0
002
03/27/00 MON 16:49 FAX 202 456 9110
ADVISER
NATIONAL SECURITY COUNCIL
WASHINGTON. D.C. 20506
OFFICE OF THE LEGAL ADVISER
FAX TRANSMITTAL COVER SHEET
DATE:
3/27
TO:
FROM:
Beth Nolan
Mary DeRosa
PHONE NO. :
PHONE NO.: (202)456-9111
FAX NO.:
FAX NO. : (202)456-9110
66279
COMMENTS:
Beth - Here are all 3 letters. 2 from
DOJ (3/23 T 3/24) and one from
the family's lawyers (3/24). I
understand there is another one
from few family today, and tell might
be another one from DOJ
later today.
Mary
NUMBER OF PAGES (Including cover page) : 15
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DOJ
002
MAR-24-2000 20:55
INS ERAL COUNSEL
202 514 8044
P.02/04
U.S. Department of Justice
Immigration and Naturalization Service
Office of the Executive Associate Commissioner
425 I Street NW
Washington, DC 20336
MAR 24 2000
Kendall Coffey, Esq.
Coffey, Diaz & O'Naghten, L.L.P.
265S South Bayshore Drive, Suite 200
Miami. Florida 33133
Re:
Elian Gonzalez V, Reno. et al., No
11424-D
(11th
Cir.)
Dear Mr. Coffey:
The Department of Justice yesterday provided you with B proposal that would give your
client, Lazaro Gonzalez, the opportunity to pursue an appeal of the District Court's judgment
sustaining Commissioner Meissner's decision that Elian Gonzalez' father speaks for Elian in
immigration matters, while at the same time assuring a prompt reunification of Elian and his
father if such an appeal is unsuccessful. This proposal followed the District Court's dismissal of
your client's complaint, which sought to enjoin the Immigration and Naturalization Service (INS)
from implementing its decision. In our proposal the government expressed its willingness to
withhold implementation of the Commissioner's decision, without requiring your client to seek
and obtain an injunction pending appeal, while your client sought review in the Eleventh Circuit.
In exchange, we had asked that your client join in a motion for an expedited appeal process,
agree to a specific schedule governing an appeal to the Eleventh Circuit and any proceedings
before the Supreme Court, and comply with INS instructions concerning Elian's transfer to his
father should your client not prevail on appeal.
In order to provide your client with the opportunity to seek and obtain review in federal
court, the INS has already withheld implementation of a decision that it has had full authority to
implement since the Commissioner's announcement on January 5, 2000. The government's
latest proposal would have postponed implementation pending expedited review at the Eleventh
03/27/00 MON 16:49 FAX 202 456 9110
ADVISER
03/24/00
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Kendall Coffey, Esq.
Page 2
Circuit and an opportunity to seek an injunction from the Supreme Court but your response does
not accept our offer.
As an initial matter, we are unable to agree to your proposal that some newly constituted
body make decisions concerning Elian's future. Under the Constitution and laws of the United
States, as well as universally accepted standards of the internarional community, a parent speaks
for and makes decisions for his child especially one of such tender years as Elian. The
Commissioner has determined that Elian's father properly speaks for Elian in immigration
matters. The Attorney General has ratified that decision, and the district coun has now sustained
it.
While your reply suggests an alternative briefing schedule, your letter agrees to neither
the filing of a joint motion to expedite the appeal with an accelerated briefing schedule nor a
specific written commitment by Lazaro Gonzalez to abide by the instructions of the INS
regarding Elian's reunification with his father in the event of a decision on appeal in favor of the
government. If we have misinterpreted the intention of your letter and your client would agree to
the other terms of our proposal, we would be willing to agree to a briefing schedule that
accommodates your desire to have the additional time you feel you need to file your opening
brief while adhering to the overall timeframe that we had proposed. Under that alternative, the
parties would jointly propose filing simultaneous opening briefs on April 3, 2000 and
simultaneous reply briefs on April 10, with El request to the court for oral argument the week of
April 10. Because review by the Supreme Court is discretionary with the Court, and because of
the need for a prompt reunification of Elian and his father, if the Eleventh Circuit affirms the
district court's decision, we would proceed to revoke parole in the absence of an injunction
pending certiorari as described in our letter of yesterday.
Otherwise, and as the Department of Justice had advised you in yesterday's letter, the INS
is prepared to carry out the Commissioner's decision. In light of Judge Moore's recognition that
"each passing day is another day lost between Juan Gonzalez and his son," we are not prepared to
forestall the implementation of that decision to accommodate a lengthy appeals process, or
without a firm commitment to an orderly reunification of Elian and his father if the Eleventh
Circuit affirms the district court's decision. Elian should be reumited with his father in a prompt,
fair, and orderly manner. Our offer was an attembt to reach that objective by agreement of the
parties.
In the absence of such an agreement by noon on Monday, March 27, 2000, District
Director Robert Wallis and 1 hereby give notice that Elian's parole will terminate as of Thursday,
March 30, 2000. at 9:00 a.m. If you do not agree to our proposal, this time period will provide
you the opportunity to seck an injunction pending appeal.
In view of the trauma that Elian has already experienced, it is obviously desirable to
reunite this boy with his father in as smooth a manner as possible, and we continue to seek
Lazaro Gonzalez cooperation in that effort. Accordingly. we believe it is advisable for Lazaro
03/27/00 MON 16:50 FAX 202 456 9110
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5.
004
MAR-24-2000 20:56
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202 514 6044 P.04/04
Kendall Coffey, Esq.
Page 3
Gonzalez and his counsel to mcet with District Director Wallis at 9:00 am. on Tuesday, March
28, 2000 at the INS District Office, 7880 Biscayne Boulevard, Miami, to discuss the
ramifications of the revocation of parole and the orderly return of Elian to his father. It will not
be necessary to bring Elian to this meeting.
Should you have any questions, please contact Mr. Wallis at (305) 762-3680.
Sincerely,
of
The
Michael Pearson
Executive Associate Commissioner
for Field Operations
cc:
Opposing co-counsel
03/27/00 MON 16:50 FAX 202 456 9110
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03/24/00
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DOJ
005
epartment of Justice
FOR IMMEDIATE RELEASE
AG
Friday, March 24, 2000
(202) 616-2777
WWW.USDOJ.GOV
TDD (202) 514-1888
Statement by Attorney General Janet Reno
OD the Elian Gonzalez Case
"As T said earlier this week our goal is torreunite Elian with his father in a fair, prompt
and orderly manner. From the beginning, we have been mindful of the fact that at the center of
this case is a six year old boy who has been through a terrible ordeal. We are concerned for him
and will continue to try to resolve this matter in a way that avoids additional trauma to him.
"Earlier this week, Federal District CourtJudge K. Michael Moore sustained our
judgment that Elian should be reunited with his father. We have been willing to postpone the
reunion while the district court considered the case, but we are not willing to wait through an
open-ended appeals process that could prolong the separation of this child from his father. We
agree with Judge Moore that "each passing day is another day lost between Juan Gonzalez and
his son," and we cannot risk the harm that a prolonged separation might create.
"That is why we have proposed a solution that allows Elian's Miami relatives adequate
opportunity to appeal their case, while working to achieve a reunion between Elian and his
father.
"Yesterday, we asked the relatives lo agree TO an expedited appeals schedule, and we also
asked them to commit to quickly returning Elianto his father if their appeal does not prevail. As
of this moment, they have not agreed to comply with these terms.
"We will continue to try to reach an agreement with Elian's Miami relatives that mects
these objectives. To that cnd, we have sent their attorneys another letter this evening setting forth
the next steps.
"A great strength of the United States is that we are a Nation of laws and of respect for
the law. I hope that all in the community will work together to uphold our laws and help make
an orderly process possible."
###
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COFFEY, DIAZ & O'NAGHTEN, L.L.P.
SUITE 200 GRANDBAY PLAZA
2005 SOUTH BAYSHORE DRIVE
MIAMI, FLORIDA EFICE
TELEPHONE (305) 205- DECO. EXT.: 101
TELECOOIER (305) 265-0257
KENDALL COFFEY
DEAIL: [email protected]
March 24, 2000
BY FACSIMILE TRANSMISSION AND FIRST-CLASS MAIL
David J. Kline, Deputy Director
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
Post Office Box 878. Ben Franklin Station
Washington, D.C. 20044
RE:
Elian Gonzalez Reno, et al: Case No. 00-0206-CIV
Dear Mr. Kline:
Receipt is acknowledged of your letter faxed to my office at roughly 5:30 P.M. yesterday
demanding a response by noon today. Because the letter presents the INS' latest scenario for judícial
resolution of the case of six-year old Elian Gonzalez it may be productive to review briefly several
such positions by the INS in the past.
Following Flian's tragic ordeal and miraculous arrival at our shores, the INS publicly
announced its position that issues of Elian's custody should be determined in the family courts of
our state judicial system. This position was not only sensible, it comported with the law. Indeed,
as the leading judicial decisions have firmly established, the INS is not an agency. with competency
or expertise in assessing the best interests of minor children. Precisely for that reason, federal courts
have typically deferred to state family courts when the needs and welfare of children arc to be
defined
For reasons never adequately explained, after announcing its adherence to the tradition of
relying on state family cours concerning children's issues, the INS abruptly reversed fields in the
case of Elian. Instead of affording respect for the state judicial process, the INS refused to
participate in those proceedings and opted to announce essentially that it would ignore any decision
of Florida's judiciary.
Following the INS' insistence that any judicial remedy would have to be pursued in federal
coun, the Lazaro Gonzalez family proceeded to the U.S. District Court in the Southern District of
Florida Once again, however, the INS acted energetically to close the court house doors to a six-
year-old child Arguing lack of jurisdiction, lack of standing and lack of any meaningful judicial
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March 24, 2000
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right 9 revisit INS decisions, the INS contended that Elian was not entitled to a day in federal court
on the issues of his best interests and his right to remain in this country. As you know, while losing
on the first two issues, the INS nonetheless prevailed the third ground as Judge Moore held, in
substance, that Elian's fate is to be finally determined by the INS, not B federal court
With the court house closed to Elian a second time, the parties confront further proceedings
to resolve whether this child's cause, paid for with the life of his beloved mother, deserves even a
chance to be heard and considered, Like you, we share the hope of mutual approach so that "those
on each side of the litigation place the interests of Elian Gonzalez above all others." We also share
the desire for B prompt and fairly considered resolution of this case. Toward that end, we propose
a framework for a final adjudication that will operate for more promptly than any envisioned in your
letter. At the same time, the structure we propose is one that ruly addresses the "interests of Elian
Gonzalez," a reality that has not been yet adjudicated through the purely legal paper exchanges
between lawyers to date. Indeed, while no court or other forum of adjudication has yet made any
determination of the best interests of this child, the need for addressing that issue remains
paramount. So clear is the primacy of this issue that Vice President Gore and Texas Governor Bush,
the Democratic and Republican candidates for President of the United States, both agree that there
should be a day in court to decide what is in the best interests of this child and whether be should
remain in the United States.
Accordingly, we submit that starting a week from Monday, proceedings should be conducted
to review and determine once and for all whether, based on the best interests of the child, Elian
should continue the recovery and healing process that is now underway. In that proceeding, critical
issues could be considered that have never been evaluated before as part of an analysis by the INS.
the Department of Justice or any court, Examples of such information include reports by expert
child psychologists who have testified under oath that the child faces substantial risk of serious
psychological harm if forcibly removed to Cuba arthis time. All of us are aware of the traumatic
ordeal of this small child whose mother died to win him a chance at freedom and who then drifted
alone on an inner nube for some fifty hours before being resened by fishermen. The potential for
long-term, even permanent damage from such an intenscly traumatic experience remains a grave
concern. Equally clear is the fact that the subsequent bonding with a maternal figure in his life,
Marisleysis Gonzalez, has been an integral part of a healing process that, according to experts,
cannot be disrupted at this time without great risk of injury to Elian
Just as these key circumstances have never been part of the decision-making by the INS, also
missing is any assessment of Elian's future in Cuba. Will he be in a healthy, stable household
receiving urgently needed and continuing psychological care, or would he, whatever may be the
father's wishes, be subject to control by the government that would inevitably nclude indoctrination,
brain washing and political exploitation in accordance with the wishes of the regime in Cuba? In
any evaluation of a child's interest in our country, the issues of present and potential psychological
harm as well as the future environment awaiting a child are closely studied in order to do what is
2000
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right for a child. And yet, remarkably, the INS has never done these things in the case of Elian. The
framework we propose would permit that critically needed evaluation finally to rake place,
As part of assessing the interests of the child, the wishes of the biological father are, of
course, significant. We would readily agree 10 permit the Washington law firm of Williams &
Connolly, along with their client, Juan Miguel Gonzalez, to appear in the adjudication process to
present evidence on all relevant issues. Indeed, the participation of counsel for the father will be
helpful in several respects. In this way, the father's lawyers could help address and potentially
respond to troubling evidence that the father has beenphysically and psychologically abusive in the
past, has a history of alcohol abuse, and has lied about matters ranging from the character of the
stepfather who saved Elian's life to the father's own desires to leave Cuba and come to Miami.
These are issues that would always be considered in any fair-minded evaluation of a child's interests
in our country. Also a factor B be at least considered are the consistent and strong feelings of Elian
himself who desperately wants to remain here, nurtured by a loving and protective family, and in
fulfillment of his mother's dying wish. All these are matters which should be considered before
Elian's fate can be fairly determined and irretrievably transformed. For obvious reasons, it is a
process that is demanded by any basic notion of fairness and compassion.
In structuring a framework for this determination, the issues would include the matters
described in this letter, especially the risks of psychological harm to Elian, as well as the question
of his legal right to remain in this country. The family and the INS would agree to abide by the
judgment of the neutral decision maker and forego any avenues of appeal whatsoever. Thus, we
envision that, in its entirety, this process could be completed within two weeks. Stated simply, if
the INS would agree at last to provide a day in court-to this small child, the result would be not only
a fair determination of what's right for Elian but amuch faster resolution than is possible through
further court bartles.' While there are various approaches to selecting a fact-finder for what would
amount to a binding arbitration, we are prepared to work immediately and responsively with any
proposal the INS would suggest. By way of example, local individuals could include former
Independent Counsel and Appellate Judge Daniel S. Pearson or former ABA President Chesterfield
Smith Should you prefer an arbitrator who is not from South Florida, names to discuss could
include former Senators Bob Dole and George Mitchell as well as distinguisbed former family law
judges. Due 9 the urgent time constraints imposed by the INS lener, we have had no opportunity
to speak to any potential arbitrator. We are confident, though, that a neutral and highly respected
arbitrator could be very promptly identified and agreed to by the parties if there is a will to do so.
Even under the scenario of the INS' ultimamm, the parties cannot control when an
appellate court might hear oral argument or render its opinion. These processes are typically
concluded months after all the briefs are filed. Moreover, should either side seek Supreme Court
review, the Court's timetable cannot be predetermined, even by the INS.
2000
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In the event a dramatically expedited proceeding to provide a real day in count for Elian will
not be considered by the INS, we turn to the pending appeal. Through this process we seek a ruling
that, before forcibly removing Elian to Cuba, the INSimust allow a chance for fair consideration of
his asylum claim. that is, of his right a remain in this country. To a substantial extent, this appeal
will center on the statutory mandate of U.S.C. $1158(a) conserning asylum rights for "Any
alien irrespective of the alien's status.,.." Stated simply, we believe that a six-year-old child also
counts as "any alien." Indeed, your own agency's official position is that, "There are DO age-based
restrictions on applying for asylum." (Bo Cooper Memorandum, January 3, 2000) We agree with
that premise, and intend to amphasize that point during the appeal. Moreover, as Judge Moore
himself asked during the hearing, "Where does it say in the statute, 'But if you are under 6'?"
(Hearing Transcript at 84).
We recognize, of course, that ultimately, the District Court found that "any alien" was
"evidently not intended by Congress literally to include all aliens." (Order, at 45) Nonetheless, as
reflected by the INS' own position, the district judge own questions, and the language of the statute
itself, the issue of the appeal, whether "any alien" includes Elian Gonzalez, is obviously an
extremely substantial one. And yet, yesterday, you gave an ultimatum with an effect that could only
reduce significantly our ability to present fairly these issues. Ironically, while condemned killers in
our society enjoy appellate rights that ordinarily exceed ten years, the INS would now impose a
timetable for submitting legal papers on behalf of Elian that totals ten days. This is ruly troubling
because there is no evidence in this case showing that Elian will be harmed by continuing to stay
here during a normal appeal period. To the contrary. all the expert analysis on record compellingly
demonstrates that he faces great harm if abruptly removed.
As a result, it is evident that the likely result of the INS' ultimatum is to minimize Elian's
appellate rights and negatively impact his chances for a successful outcome. This is especially
apparent concerning the five day ultimatum for receiving an appellate decision, researching all
applicable issues and case law, drafting, finalizing presenting and filing a petition for review before
the United States Supreme Court The five day demand for limiting a process that, according to
court rules, should take ninety days, is a drastic and unconscionable impairment of Elian's rights.
We are thus deeply troubled by the unjustified insistence and accompanying threats directed
at drastically diminishing the appellate rights of P vulnerable child. We believe that if the speediest
possible resolution is your objective, you can and should agree to the two weeks, "no appeals"
process that we advocate for concluding all issues relevant to this matter. If a fair and considered
determination of the pending federal judicial linigation is your goal, the coercive and dramatic
reduction of Elian's appellate rights cannot be reconciled with any thesis of fairness. Instead, the
likely result of the INS' ultimatum would be to create, at most, a perception of meaningful appellate
process while at the same time ensuring a reality of an exercise of legal futility. Thus, just as the
federal district COURT case was never a true day/in count for Elian's best interests, but rather an
acknowledgment of the INS' broad discretion your pre-conditions would transform appellate
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proceedings into a maner of form rather than the substance of any meaningful right to an appeal.
Notwithstanding the momentous issues and concerns implicated by this appeal, I will be
working, along with our legal team, day and night so that the initial brief is filed DO later than April
3rd. 2000, and earlier, if at all possible. I will be filing reply brief within five days of faxed receipt
of the INS answer brief and, depending on the scope of issues presented by the INS, we may be able
to file sooner. I make these assurances because, as a result of Judge Moore's ruling. we need to
move as expeditiously as possible through the appellate process. In that fashion, we seek to secure
an asylum hearing so that we can resolve Elian's stands and end the months of anxiety for our clients.
We will, as I have said before, not oppose acceleration of the appeal. Moreover, assuming we
prevail, we believe that it is appropriate for INS to proceed within ten days thereafter to conduct an
asylum hearing.
Following the rendition of the appellate degision and should either side determine that
Supreme Court review may be warranted in light of the extraordinary circumstances of this case, a
petition for certiorari will be served within fifteen days. Indeed, no lesser amount of time is possible.
In fact, we are astonished by your insistence that the ninety day period for filing a certiorari petition
that all other litigants are entitled must be shrunk to Give days for a proceeding to define the future
of a small child As with the appeal, in the event certiorari is sought, we will not oppose prompt
acceleration of the certiorari process and will abide by any timetable that the Court directs. With
respect to any other preliminary motions pending certiorari review, we believe it is proper for both
sides to review what. if any, motions the INS or Elian would need to file at that point. It is
obviously premature to address a scenario that neither side can prediot with certainty. In any event,
parties have a duty under the rules of proper procedure to discuss and attempt to work through issues
before seeking extraordinary relief from the nation's highest court. We assume that if there is a
decision by either side to seek Supreme Court review, an acceptable approach to addressing the
attendant circumstances can be promptly developed
Concerning your inquiry about the furure actions of the family, we emphasize that the Lazaro
Gonzalez family has always obeyed the laws concerning the matter of Elian and will cominue to do
so. Indeed, We are confident that both sides will continue to respect the law as well as the rights all
of us have in our legal system.
Finally, we repeat our entreaty that the INS conduct an actual evaluation of the psychological
condition of this child and of the potential for the serious harm he faces in the event of a precipitous
removal to Cuba. Stepping away from our roles as lawyers and advocates, WE appeal to you as
individuals who are wielding the entirety of the power of the United States government, a power that
could crush the fragile psyche of a little boy who has already suffered beyond human description.
Frankly, we are surprised and troubled that the INS continues to refuse any psychological evaluation
of Elian Gonzalez. Are minimum, before any more positions BIC taken in this difficult mamer, we
prevail upon your sense of decency and upon the Justice Department's stated goal of seeking to do
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the right thing. especially when young children are attrisk. We believe that should you undertake
such an evaluation by independent and competent experts, you will at last understand the real
implications and potential consequences of your projected course of action. Should you finally
choose to undertake this critically needed analysis, you will, of course, have our full cooperation.
We await your response.
Sincerely,
Kendall Coffey
Kendal Coffey
03/27/00 MON 16:54 FAX 202 456 9110
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U.S. Department of Justice
Civil Division
Washington. D.C. 20530
March 23, 2000
BY FACSIMILE TRANSMISSION AND FIRST-CLASS MAIL
Kendall Coffey, Esq.
Coffey, Diaz & O'Naghten, L.L.P
2655 South Bayshore Drive, Suite 200
Miami, Florida 33133
Re: Elian Gonzalez V. Reno et al., No. 00-0206-CTV
Dear Mr. Coffey:
I want to thank you and your colleagues for meeting with us
on such short notice yesterday to discuss matters in light of the
Court's decision to diemiss the above-captioned lawsuit.
As discussed yesterday, the principal objective of
Commissioner Meissner and the Attorney General is to bring about
a prompt, fair, and orderly resolution of this case in the manner
most conducive to Elian's well-being. As Judge Moore stated in
his decision, "each passing day is another day lost between Juan
Gonzalez and his son, [and] the Court can only hope that those on
each side of this litigation place the interests of Elian
Gonzalez above all others." Under these circumstances, we are
prepared to revoke Elian's parole into Lazaro Gonzalez's
temporary care in order to carry out Commissioner Meissner's
decision of January 5, 2000.
In light of the Southern District's dismissal of the lawsuit
and the need, emphasized by the court, to avoid any further
delay, the government would now proceed, in the ordinary course,
to carry out the decision of the Commissioner that the district
court sustained by effecting the immediate reunion of Elian and
his father, unless Lazaro Gonzalez obtained an injunction pending
appeal to change the legal status quo. As you know, a motion for
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an injunction pending appeal, while properly granted only rarely,
is the recognized means within our judicial system by which
Lazaro Gonzalez may seek judicial intervention if he disagrees
with the district court' determination that the appellees are
free to proceed with their intended course of action.
We are willing, however, to consider an alternative way of
proceeding in this case SO long as appellate proceedings can be
completed and Elian can be reunited with his father in a
timeframe comparable to what would normally be required for the
Court of Appeals to rule on a request for an injunction pending
appeal. Our discussions yesterday regarding a joint motion for
an expedited appeal may present a framework for such an
arrangement.
We propose that the parties agree in writing to request
jointly, not later than tomorrow, March 24, 2000, that the Court
of Appeals set an expedited briefing schedule and accelerate its
consideration of your appeal, subject to the following terms and
conditions:
1.
Appellant's opening brief is due seven
calendar days from tomorrow, March 24, 2000,
appellees' answering brief is due seven
calendar days from the date of service of
appellant's brief, and appellant's reply
brief is due three calendar days from the
date of service of the answering brief.
Service is to be by same-day facsimile
transmission and first-class mail. Oral
argument will be conducted as soon thereafter
as practicable.
2.
If the Eleventh Circuit panel grants the
parties' joint motion for expedited briefing
and consideration, appellees will not
exercise their authority to revoke Elian's
parole and terminate Lazaro Gonzalez's
temporary care of Elian pending the court of
appeals' decision on the expedited appeal.
If the Eleventh Circuit panel affirms the
district court, Lazaro Gonzalez and his
family agree to comply with the instructions
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of the Immigration and Naturalization Service
concerning Elian's transfer within three
calendar days of the Eleventh Circuit panel's
decision, unless appellant obtains an
injunction pending the filing and disposition
of a petition for a writ of certiorari in the
Supreme Court Any motion by appellant for
such an injunction shall be expressly
conditioned upon appellant's filing of such a
certiorari petition within five calendar days
of the court of appeals' decision and, if
requested by appellees, shall be further
expressly conditioned upon agreement by
appellant to the filing of a joint motion in
the Supreme Court for expedition of the
consideration of the certiorari petition to
the maximum extent possible.
3.
In accordance with the ongoing responsibility
of the INS for Elian under the Immigration
and Nationality Act and implementing
regulations; this agreement shall not prevent
appellees from terminating Lazaro Gonzalez's
temporary care of Elian in the event that the
INS determines that there has been a material
change of circumstances affecting Elian's
appropriate placement.
We hope you will find this approach acceptable. If we are
unable to reach agreement, the government will make arrangements
to implement Commissioner Meissner's decision as described above.
Please advise us as to your position not later than 12:00 p.m.
tomorrow, March 24, 2000.
/ / /
/ / /
/ / /
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We thank you for your continued professionalism and for your
willingness to respond promptly.
Sincerely,
DIJbl
Deputy Director
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 878, Ben Franklin Station
Washington, D.C. 20044
(202) 616-4900 (telephone)
(202) 616-4948 (facsimile)
CC: opposing co-counsel
TOTAL P.05
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001/002
U.S. DEPARTMENT OF STATE
WASHINGTON, D.C.
DATE: 03/21/00
TO:
Maria Echaveste
FROM: Lula Rodríguez
Deputy Assistant Secretary of State
Bureau of Public Affairs
FAX: 202-647-3344
PHONE: 202-647-6088
MESSAGE:
NUMBER OF PAGES (INCLUDING COVER SHEET):
2
Miami Herald: Anti-Castro group wants full use of boat
Page 1
CUBA
Published Saturday, March 18, 2000, in the Miami Herald
Anti-Castro group wants full use of boat
BY JAY WEAVER
[email protected]
Anti-Castro activist Ramon Saul Sanchez met Friday with federal officials in an effort to
settle a simmering dispute over the government's seizure of his Cuban exile group's
boat in December 1998.
The U.S. government returned the fishing boat to the Democracy Movement in May
1999 on a temporary basis, Federal officials might allow the group to keep the boat
permanently, as long as Sanchez agrees not to use the vessel, named Human Rights,
Maria
for protests in Cuban territorial waters.
On Dec. 10, 1998, the U.S. Coast Guard confiscated the 35-foot boat just south of Key
West because its crew was headed to Cuba without seeking permission. Seven group
members said they had planned to sail to the island to distribute copies of the Universal
Declaration of Human Rights.
talk about
Sanchez, whose 20-day water-only hunger strike secured the temporary release of the
boat, said he wants the boat back permanently. He also challenges the Clinton
administration's establishment of a 'security zone" around most of the Florida coast.
The Coast Guard can ask boaters in all Florida ports, except in the Panhandle, if they
are planning to go to Cuba, and can detain or seize their boat if they plan to do so in
violation of U.S. or Cuban law.
Sanchez said the presidential order might be meant to curb unauthorized forays into
Cuban waters, but it's really aimed at the Democracy Movement. in late May or early
June, his group plans to hold a protest against the policy - involving boats, trucks and
planes -- on Biscayne Bay.
Paila
It's a statement we want to send to the president of the United States," Sanchez said.
We feel this selective enforcement violates human rights."
His group is known for organizing protest flotillas in the Straits of Florida against the
Cuban government.
Sanchez's lawyer, Joseph Geller, argues the policy is illegal on constitutional grounds
regarding prior restraint and self-incrimination.
``We want to preserve the right of the Democracy Movement to protest against the
illegal Castro government," Geller said.
Another settlement conference is set for April 4.
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03/20/2000
03/21/00 10:28 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
001
News Release
National Council
of the Churches of Christ
in the USA
Communication Department
Office of News Services
475 Riverside Drive, Room 850
New York, NY 10115-0050
212-870-2227
FAX: 212-870-2030
E-mail: newseencccusa.org
ECUNET: NCC NEWS
www.neccusa.org
www.wfn.org
Contact: NCC News, 212-870-2227
30NCC3/21/2000
FOR IMMEDIATE RELEASE
NCC GENERAL SECRETARY WELCOMES RULING IN ELIAN'S CASE
March 21, 2000, NEW YORK CITY - "Delighted but not surprised" at a federal
judge's ruling that only the U.S. attorney general can grant asylum to Elian Gonzalez,
National Council of Churches General Secretary Dr. Bob Edgar today said, "I only wish it
had come sooner."
"Elian should have been home before Christmas," Dr. Edgar said. "I urge the
Immigration and Naturalization Service to move quickly in returning Elian to his father,
grandparents and great-grandmother." Dr. Edgar added that he has left a message for I.N.S.
Commissioner Doris Meissner indicating that the National Council of Churches stands
"ready to help, if needed."
The NCC and Cuban Council of Churches have been working since December - at
first quietly and then publicly - for six-year-old Elian's return to his father and extended
family in Cardenas, Cuba. "If a parent is loving, caring and not abusive, a child should be
with his or her parent, and Juan Miguel Gonzalez is a loving father," Dr. Edgar said.
The Council's efforts on Elian's behalf were particularly intense and time-
consuming in January, when an NCC delegation visited Elian's family in Cuba (Jan. 2-5)
and then hosted Elian's grandmothers during their mid-January U.S. visit. "It was worth it,"
Dr. Edgar said, putting the NCC's efforts on Elian's behalf in the context of the ecumenical
body's "commitment to and compassion for all children, whether they are in Mozambique,
Bangladesh or held in a house in Miami."
Among lessons from the project: "The federal government needs to move more
quickly, and there are limits to what governments can do. People-to-people efforts often bear
more fruit," Dr. Edgar said.
He said the NCC will continue to work in collaboration with the Cuban Council of
Churches for normalization of relations between the United States and Cuba.
-end-
02/10/00 19:06 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
001
News Release
National Council
of the Churches of Christ
in the USA
Communication Department
Office of News Services
475 Riverside Drive, Room 850
New York, NY 10115-0050
212-870-2227
FAX: 212-870-2030
E-mail: [email protected]
ECUNET: NCC NEWS
www.ncccusa.org
www.wfn.org
Contact: NCC Media Relations, 212-870-2227
11NCC2/10/2000
Some Frequently Asked Questions About
The National Council of Churches and the Elian Gonzalez Case
Note to Reporters and Editors: The NCC prepared this Q&A primarily for its own
constituencies, then saw its value for our media contacts, too. We hope you 'll keep it in your
"Elian file." It is meant simply to summarize the facts of our involvement to date in efforts to
ease Elian's return home, NOT to hint that something new is in the works! The NCC remains
ready to help further if needed, but for the moment we are on ``standby status" with nothing
new to report.
How did the NCC become involved in the Elian Gonzalez case?
In early December 1999, the NCC received an urgent request from our Christian partner in
Cuba, the Cuban Council of Churches, to work with them to obtain the release and return of
Elian to his father, grandmothers and extended family in Cuba. We agreed that Elian belongs
with his father, Juan Miguel Gonzalez, given that he is a fit parent.
Alarmed that the United States was not returning the boy quickly and automatically to his
father and that a fundamentally humanitarian concern was becoming increasingly politicized,
the two Councils proposed that they serve as intermediaries in the physical return of Elian to
his father. The Cuban government agreed to the plan and U.S. officials quietly expressed
interest.
This kind of partner relationship with the Cuban Council of Churches is characteristic of our
work with ecumenical councils and other church bodies in more than 80 countries around the
world. As people who share a common faith that crosses national boundaries, we and our
partners strive to be accountable to each other. That means that the NCC does not make
unilateral decisions that affect our partners in another country. On the contrary, we consult
with our partners on issues they face and ask how they would like us to be involved Our
partners are on the ground; they know their own churches and their own country. They also
have to live with the consequences of what the NCC does in the name of the churches.
Therefore, we take their counsel seriously before acting or speaking on issues that have an
impact on them.
-more-
02/10/00 19:06 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
002
11NCC2/10/2000 FAQ Page 2
How have you worked with the Cuban Council of Churches in the past?
The NCC has a long relationship with the Cuban Council that predates the revolution in Cuba.
We have worked to maintain contacts with Christians there through difficult days and through
many changes as the relationship between church and state evolves in Cuba. We rejoiced with
our Cuban partners when Christmas was openly observed in Cuba in 1997. We celebrated
with them when, in June 1999, the Cuban Council and its member Protestant churches were
able to hold a month-long national evangelical festival that was open to the public. And we
have supported the Cuban Council with humanitarian aid when in recent years churches in
Cuba were granted a new role in health care, elder care and other social services.
When NCC delegations have visited Cuba to see these projects, they have been dismayed by
the suffering of the Cuban people that is a result of a four-decade-long embargo against Cuba.
The embargo is even harsher than sanctions currently placed on Libya or Iraq. Our response
has been three-fold. We have pressed for a normalization of U.S.-Cuba relations that would
ease human need in Cuba and that would allow for the reunification of Cuban families. We
have sent humanitarian aid shipments to Cuba since 1992, meeting stringent U.S. licensing
requirements to send 305 tons of food, medicine, medical equipment. school supplies and other
desperately needed goods. And we have prayed with and for the people of Cuba. We hope
that our efforts will hasten the day when no Cuban child and no Cuban family faces the horror
that Elian Gonzalez experienced on his dangerous journey from Cuba to the U.S.
What activities did you carry out in your role as an intermediary in Elian's case?
The Cuban Council of Churches asked the NCC to visit Elian's father and extended family in
Cardenas, Cuba. In response, a three-member NCC team made such a visit January 2-5. The
NCC's new general secretary, the Rev. Dr. Robert W. Edgar, who had taken office one day
before the trip, requested that his immediate predecessor, the Rev. Dr. Joan Brown Campbell,
lead the NCC team to Cuba on his behalf.
Members of the team visited with Elian's father, grandmothers, great grandmother and other
members of his extended family. Over the course of three days, they spent eight hours with the
family in settings that included Juan Miguel's home, where Elian stayed: Elian's school, and a
local ecumenical center. Dr. Campbell shared her impressions with both U.S. and Cuban
government officials and with the public, characterizing the family as "loving and caring."
As the NCC team returned to the United States, the INS announced its ruling that Elian should
be returned to his father in Cuba by January 14. But further delays prompted the two councils
to support a visit of Elian's grandmothers, Raquel Rodriguez and Mariela Quintana, to the
United States. (Because of the father's concern for his own physical safety and his fear of
legal entanglement, the grandmothers-who were among Elian's primary caregivers-offered
to come on the family's behalf.)
-more-
02/10/00 19:06 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
003
11NCC2/10/2000 FAQ Page 3
While the grandmothers were disappointed in their hope to take Elian home with them, they
did accomplish other goals of their Jan. 20-30 mission. They pressed their case with Attorney
General Janet Reno and INS Commissioner Doris Meissner in a Jan. 22 meeting in
Washington, D.C. They spoke about their love for Elian to Democratic and Republican
congressional representatives and to the American public. And-after days of negotiations
involving the INS and Elian's Miami relatives-they saw their grandson in the Miami home
of Sr. Jeanne O'Laughlin, president of Barry University, who had pledged to provide a neutral
place for a supervised visit.
The Council provided pastoral presence and support for the grandmothers throughout their
visit and the Council continues to be on call in efforts to return Elian to his father.
What is your response to Sister Jeanne's public statements, following the brief reunion
of the grandmothers and Elian, in which she took the side of the Miami relatives who
wish to keep Elian in the U.S.?
We were deeply disappointed that Sister Jeanne abandoned the role to which she had been
called and to which she agreed-that of providing a neutral meeting place for Elian and his
grandmothers. The meeting place itself proved to be far from neutral. In the final hour before
the long-awaited visit, the grandmothers were advised that a group with a strong anti-Castro
position had moved into the house right next to Sister Jeanne's and could survey her house
from a balcony. The grandmothers had to delay their visit until the group was removed. Even
as they approached Sister Jeanne's home by car, they passed through streets filled with
demonstrators shouting, "He will never go back!"
Following the visit, Sister Jeanne made public statements backing the Miami relatives in their
fight to keep Elian in the U.S. We believe those statements were inappropriate for someone
who had taken on the role of neutral mediator. We also point out that her statements were
based on very limited contact with these two courageous grandmothers. The grandmothers
were graciously received in her home, but Sister Jean was shuttling between the groups of
relatives and was busy with multiple responsibilities related to the visit. While Sister Jeanne
makes much of witnessing one of Elian's Miami cousins acting in a motherly way, we contend
that such a relationship cannot begin to compare with the bond between parent and child.
Elian can best begin to grieve his great losses and to heal with the loving support of the family
he has known from birth.
What have you said about the move among some in Congress to confer U.S. citizenship
on Elian, with the aim of removing him from INS jurisdiction?
The NCC shares the grandmothers' anguish and concern about legislative efforts in Congress
that serve to further delay Elian's return to his father. Elian's paternal grandmother, Mariela
Quintana, on January 21, said, "Nobody outside has the right to make him (Elian) an
American citizen. He was born in Cuba, lives in Cuba, he's a Cuban. No one, even Congress
or the President, can change his status."
-more-
02/10/00 19:07 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
004
11NCC2/10/2000 FAQ Page 4
The NCC's work to facilitate the reunification of Elian Gonzalez with his father and
grandparents in Cuba has received much publicity. How is the Council assisting other
families who wish to be reunified?
The Council, its member communions and their congregations help to resettle thousands of
uprooted people in U.S. communities every year. For example, in 1999, we assisted more than
6,700 newcomers representing more than 30 nationalities In general, about 80 percent of
these cases are ones in which families are reunified We are concerned for all families
everywhere who are separated by conflicts between governments and we work for their
reunification in many ways.
In recent years, our U.S. resettlement caseload has included approximately 2,000 Cubans
annually. We are authorized to assist those Cubans who come to us through the U.S.
Department of State Resettlement Program or the Department of Justice Cuban/Haitian
Program. Decisions about who will be accepted for resettlement in the United States are made
by the U.S. government, not by the NCC. Decisions about who will receive exit permits from
Cuba are made by the Cuban government, not the NCC. Working within legitimate U.S.
government programs, the Council makes great efforts to assist Cuban refugees and has done
so for decades. No doubt there are people in the Cuban American community who oppose our
stand on the Elian Gonzalez case who were themselves assisted by the Council.
While we must abide by the decisions of government in our resettlement work, we are
advocates for a more humane U.S. immigration policy. As a U.S-based organization, we
participate in legislative discussions and public forums to carry the message of welcome and
refugee protection to Congress and others.
Some have cited the human rights record of the Cuban government as a reason to keep
Elian in the U.S. How do you respond to that?
The NCC would never work to repatriate a child who would face persecution on his or her
return. In fact as part of our work for refugees that is described above, we work on a daily
basis to protect asylum seekers who arrive in the U.S., including those from Cuba. We
provide legal assistance and other help to persons who have fled their homelands because they
have been persecuted or have grounds to fear persecution In the Gonzalez case, it is clear that
Elian will not face persecution if he is returned to Cuba.
-more-
02/10/00 19:07 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
005
11NCC2/10/2000 FAQ Page 5
In addition to helping asylum seekers, how do you approach human rights issues?
The National Council of Churches actively promotes the United Nations Universal
Declaration of Human Rights and, in its role as a faith-based NGO, it is committed to working
for the human rights of all persons. When asked to act on a particular case of human rights
violations, the Council takes the course that it believes will be most effective. In some cases,
this means a public resolution from our highest policy making body. Over the years, the
NCC's General Assembly and its predecessor bodies have adopted over 130 resolutions
denouncing human rights violations in many countries. Generally, these resolutions include a
provision that urges the U.S. government to take action as well. In other cases, a low-profile
effort can be more productive. The NCC has worked behind the scenes in countless situations
to press the case of prisoners of conscience, of groups whose religious freedoms have been
infringed and others whose human rights have been violated. Because of the sensitive nature
of this work, many NCC successes in redressing human rights violations must go unreported.
Do you often play a role in international custody cases?
No, this is a rare case, in which we received a special request from a partner ecumenical
council.
While our focus is on what is best for Elian, we also recognize that his case may have an
impact on other international custody disputes and we are concerned about that. If Elian is
kept in the United States despite the fact that he has a loving father in Cuba, there will be
implications for the many parents in the U.S. whose children have been abducted by a non-
custodial parent to another country. In such cases, the U.S. State Department can request that
children be returned to the place "where they habitually reside," based on provisions of the
Hague Convention on the Civil Aspects of International Child Abduction The U.S. and
many other countries have signed this convention. But if the United States sets a poor example
by flouting the convention in the case of Elian Gonzalez, it may be much harder for parents in
the United States to get their children back.
While we are not in a position to assist families that are embroiled in custody disputes, there
are specialized agencies to which we can refer them. We pray for all families and all children
who are caught in these struggles.
How was the grandmothers' trip paid for?
All but one flight (including domestic and international flights) was paid for by private
donations. The Jan. 22 round trip flight (New York-Washington-New York) was paid for by
the NCC at a cost comparable to commercial air tickets ($3,100 for seven passengers). The
grandmothers stayed in a private residence in New York City, as did the Rev. Oden Marichal,
president of the Cuban Council of Churches, who accompanied them. The Cuban Interests
Section took on responsibility for the grandmothers' schedule beginning with their return on
January 26 from Miami to Washington, D.C., and paid for their travel-related expenses other
than air fare for that portion of the trip.
-end-
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Date: Wed, 8 Mar 2000 16:45:30 -0800
From: "Cuba-L Direct \(nv\)" <[email protected]>
Subject: 03/04/00-The Economist-The Curse of Elian
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The Economist
March 04, 2000 U.S. Edition
The Curse of Elian
miami
THREE months after Elian Gonzalez, a six-year-old Cuban boy, was rescued
from the sea off Miami, his story resembles the fanciful tele-novelas that
Latinos love to watch. The bitter child-custody case between the Immigration
and Naturalisation Service (INS), which wants to send Elian back to his
father in Cuba, and his relatives in Miami, who want him to be given
political asylum, has now been through six judges of various sorts.
Great-uncles have been rushed to hospital with chest pains; nuns have
changed their stories; and one of the INS's main men in Miami has been
arrested on charges that he spied for Cuba.
Call it "The Curse of Elian". But these comic undertones distract attention
from the weighty issues involved in the affair. The most obvious, and
tragic, surround the fate of the wretched Elian himself. But there is also a
growing sense that the story is not playing out in the way that Miami's
hardline Cuban-American leaders had intended.
A new federal judge is due to hear Elian's political-asylum case on March
9th. Bernard Perlmutter, a family-law expert at the University of Miami,
thinks the Miami relatives' case looks extremely weak. Elian's father has
been deemed a fit parent by INS agents who interviewed him in Cuba, and
there is no legal precedent for denying parental rights over a child of such
tender years.
If the judge does indeed send him back, this will be a further blow for the
Miami Cubans' political leaders. With Fidel Castro poised to outlast his
ninth American president, Elian's case was supposed to reinvigorate
anti-Castro feeling in the United States. In fact, opinion polls say that
67% of Americans feel that he should be sent home.
This reflects a general softening of attitudes in the United States towards
Mr Castro's Cuba. The spy case aside, American-Cuban relations have been
gradually defrosting. Talk of ending the 30-year economic embargo is no
longer unrealistic. Travel restrictions have been loosened. The number of
direct charter flights to Havana has increased, as have family remittances.
American academics and students now travel for study to Cuba. Cuban
musicians tour the United States. The two countries' governments co-operate
on issues such as immigration and drugs.
The furore over Elian has caused a few flickerings. The Clinton
administration has temporarily shelved a plan to ease food sales to Cuba.
But, in most other respects, both governments have kept their heads. Last
month Cuba permitted an American trade fair in Havana, the first of its kind
in four decades, to go ahead. The Clinton administration has backed the
Cuban government's demand to have the boy returned. Even the spy business
has not had as explosive an effect as it might have done.
Some people think the handling of the Elian affair reveals a new maturity on
both sides. In the past, "if there's been a problem in one area, everything
else is shut down," says John Kavulich, director of the US-Cuba Trade and
Economic Council. "Now everyone is determined that everything around this
child continues uninterrupted."
Instead of driving a wedge between Washington and Havana, the Elian case may
end up driving one between Washington and Miami. An attempt in Congress in
February to introduce legislation to make Elian an instant American citizen
fell flat on its face. "There's no one left in this city who has any
sympathy for the Miami Cubans after what they have done to that boy," says
Robert White, the head of the Washington-based Centre for International
Policy.
More broadly, the Elian affair has led people to wonder whether the hardline
anti-Castro Cubans in Miami are losing their clout. In the days when Jorge
Mas Canosa, a telecommunications magnate, ran the Cuban American National
Foundation (CANF), the largest exile organisation, few politicians
questioned his will. But since he died in 1997 much has changed. The CANF,
which models itself on the pro-Israel lobby, is still a formidable
fund-raising machine. But its reputation has suffered from allegations that
its members were involved in a series of mini-bombings in Havana in 1998,
and other anti-Castro shenanigans. The CANF's new leader, Mr Mas Canosa's
son, Jorge Mas Jr, now spends more of his time with the family business.
The battle over Elian has been led by other groups, such as the Democracy
Movement and Brothers to the Rescue. But their street protests and traffic
disruptions have alienated many of Miami's non-Cubans, and even some of its
Cubans.
The gamble that failed
Miami is changing. Latinos are expected to make up 69% of the population of
Miami-Dade County by 2020. But most of the additions will either not come
from Cuba at all, or will be second- and third-generation Cuban-Americans
who have been educated in the United States and feel less vengeful about Mr
Castro than their parents. The young mayor of Miami-Dade, Alex Penelas, a
Democrat, makes dutiful noises about Elian; but he chiefly wants to build a
modern American city, not depose Mr Castro.
Cuban-Americans are a minority even in Miami-Dade and barely a 20th of
Florida's electorate (though that can still make a difference in a close
race). By separating a six-year-old boy from his father, the hardliners may
have overreached themselves. If so, the irony is that they will have helped
Mr Castro.
WASHINGTON OFFICE:
SHEILA JACKSON LEE
410 CANNON HOUSE OFFICE BUILDING
18TH DISTRICT, TEXAS
WASHINGTON, DC 20515
202-225-3816
COMMITTEES:
FLUKIBUS
DISTRICT OFFICE:
COMMITTEE ON THE JUDICIARY
Clinica
1919 SMITH STREET, SUITE 1180
SUBCOMMITTEE ON IMMIGRATION AND CLAIMS
THE GEORGE "MICKEY" LELAND FEDERAL BUILDING
RANKING DEMOCRATIC MEMBER
HOUSTON, TX 77002
SUBCOMMITTEE ON CRIME
713-655-0050
COMMITTEE ON SCIENCE
SUBCOMMITTEE ON SPACE AND AERONAUTICS
CONGRESSWOMAN SHEILA JACKSON LEE
410 Cannon House Office Building
1919 Smith Street, #1180
Washington, DC 20515
Houston, TX 77002
Phone: (202) 225-3816
Phone: (713) 655-0050
Telefax: (202) 225-3317
Telefax: (713) 655-1612
To: Ms. Betty Currie, Personal Secretary Recipients Fax Number: (202)456-1210
to President William J. clintoN
From:
() Congresswoman Jackson Lee
Oliver Kellman
() Afrika Bell
() Jason Lee
() Dalen Harris
() Helen Reed-Rowe
Ayanna Hawkins
() Suzanne James
() Other:
Date: 1/26/00 Number of Pages (including cover sheet): 4
Comments:
from Oliver Kellman ON behalf of Congress woman
Sheila Jackson Lee
If all pages are not received or are not clear, please contact our office at (202) 225-3816, or (713)
655-0050 for assistance.
** Confidentiality Note **
The documents accompanying this telecopy transmission contain confidential information that
is legally privileged. The information is intended only for the use of the named recipient. If
you are not the named recipient, please do not read the attached documents. Any
dissemination, distribution, or copying of this communication is strictly prohibited. If you
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return the original transmittal to us by mail and we will reimburse you for the postage.
WASHINGTON OFFICE:
SHEILA JACKSON LEE
410 CANNON HOUSE OFFICE BUILDING
WASHINGTON, DC 20515
18TH DISTRICT, TEXAS
202-225-3816
COMMITTEES:
DISTRICT OFFICE:
COMMITTEE ON THE JUDICIARY
Congress of the United States
1919 SMITH STREET, SUITE 1180
SUBCOMMITTEE ON IMMIGRATION AND CLAIMS
THE GEORGE "MICKEY" LELAND FEDERAL BUILDING
RANKING DEMOCRATIC MEMBER
HOUSTON, TX 77002
SUBCOMMITTEE ON CRIME
house of Representatives
713-655-0050
COMMITTEE ON SCIENCE
Washington, DC 20515
SUBCOMMITTEE ON SPACE AND AERONAUTICS
January 25, 2000
William Jefferson Clinton
VIA FAX AND HAND
The President
DELIVERED
1600 Pennsylvania Avenue
Washington, DC 20500
Dear President Clinton:
As the Ranking Member of the House Subcommittee on Immigration, I am
writing to applaud the decision that has been made by the Department of Justice to affirm
the INS decision to act within the best interests of the child in the case of Elian Gonzalez.
I also applaud the decision of the INS that compels the Miami relatives of Elian to bring
him to a neutral site so that he may reunuite with his grandmothers.
As you know, today I have had the opportunity to meet with Elian's two
grandmothers, Raquel Rodriguez and Mariela Quintana, and Members of Congress to
discuss his safe return back to Cuba. By meeting with these endearing women, I want to
ensure the enforcement of the INS' previous decision. It is imperative that we end the
political posturing surrounding this young boy's plight. Elian Gonzalez is not an orphan
and his father has not been proven to be unfit and no abuse of Elian has been found that
would normally deny a natural parent custody of his child.
You may also be aware that there are several bills in the Congress that would
make Elian a citizen or a legal permanent resident of the United States. After meeting
with the grandmothers, I have learned that their wish is for their precious grandson to
return to Cuba to be with their natural father and them. I urge you to veto any bill that
would make this young boy a citizen or legal permanent resident. I also think that it is
important that you meet with these women and look in their eyes, and feel their emotions
in order for you to fully appreciate this issue.
I am enclosing a letter from the grandmothers given to me today directed to you
Mr. President asking for your help in returning Elian to his family in Cuba.
2
Thank you for your time and consideration.
Sincerely,
Lee
Sheila Jackson Lee
Member of Congress
S.IL:lcb
Enclosure: Letter to President Clinton from the Grandmothers of Elian Gonzales
La Habana, 21 de enero de 2000
Excmo. Sr. William Clinton
Presidente
Estados Unidos de América
Estimado Presidente:
Las dos abuelas del niño Elián González Brotons hemos venido hasta Nueva York con
la esperanza de recuperarlo.
Podrá suponer usted que hacer este viaje ha significado un gran sacrificio para
nuestra familia, que no se ha separado un solo instante desde el momento de la
tragedia en que perdimos a una hija y hemos sido forzados a contemplar con infinito
dolor el secuestro de nuestro nieto. En los últimos días los que retienen
criminalmente al niño ya no nos permiten siquiera hablar con él.
Sabemos que usted, enfrentándose a grandes obstáculos, ha expresado su
reconocimiento al derecho indiscutible del padre de recuperar a su hijo. Juan
Miguel el padre de Eliancito, nosotras y toda la familia estamos destruidos y vivimos
el horror de ver pasar el tiempo.
A pesar de que conocemos de su inmenso trabajo, le solicitamos que nos reciba
aunque sea por unos minutos. De usted preferirlo, sería absolutamente confidencial.
Si nos concede ese honor, constituiría para nosotras un extraordinario aliento, que
ahora 0 en el futuro sería muy apreciado también por el pueblo de Estados Unidos
que, apegado a los valores de familia, en muy amplia mayoría es decididamente
partidario de que el niño regrese junto a su padre, abuelos y demás familiares.
Puede localizarnos en la casa de la Reverenda Joan Campbell, y el contacto se haría
en la forma y lugar que usted estime pertinente.
Mariela Quintana Garrido y Raquel Rodriguez Rodríguez
Abuelas de Elián González Brotons
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and that of many
of your colleagues
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Dear tsug
Dear Sheila:
Thank you for your letter regarding the case of
Elian Gonzalez. I share your concern for the
well-being of this six-year-old boy.
As you know, the Immigration and Naturalization
this
Service announced on January 5 its decision that
veto
Elian Gonzalez's father, Juan Gonzalez, has the
sole legal authority to speak for his son in
immigration matters, and that the boy should be
reunited with his father. INS and the
Department of Justice are working hard to carry
Alternature:
out the INS decision, which is currently being
challenged in federal court.
Throughout this process, I have tried to ensure
that this decision would be made according to
Whent about
the governing law and procedures, and not
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politics. A hope that the challenge to the INS
decision will be decided in court, and not
through legislation
I want to thank you for enclosing the letter
from Elian's grandmothers. I am pleased that
they we that
they had an opportunity during their stay to
meet with the Attorney General and INS
sto 102mm 15
Commissioner, who are handling this matter for
my Administration.
Again, thank you for sharing with me your
july not
concerns about this compelling case.
Wendy soep that
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JAN-27-00 THU 16:53
P. 01/02
RICK SWARTZ & ASSOCIATES, INC.
1869 Park Road, N.W., Washington, DC 20010
Telephone (202) 328-1313 Fax (202) 797-9856
Email: [email protected]
DATE:
Lc/l
FAX
Mara Echaunte
TO:
FROM:
TOTAL NUMBER OF PAGES INCLUDING COVER PAGE: 2
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JAN-27-00 THU 16:53
P. 02/02
William C. Velásquez Institute
January 25, 2000
Dear Senator:
I am writing to urge you to oppose S. 1999. This legislation would award U.S. citizenship to six-year old
Cuban national Elian Gonzalez in order to circumvent the Clinton Administration's decision to re-unite him
with his father in Cuba. Alarmingly, extremist groups in south Florida are politicizing this tragic situation
to the detriment of the sacred parent-child relationship, as well as recognized U.S. and international law.
Awarding Elian Gonzalez U.S. citizenship would result in giving jurisdiction to the Florida State court
system, which would immediately bar Elian's return to his father. Such action would set a dangerous legal
precedent. Similar circumstances occur each year with U.S. children in custody dispute cases involving
U.S. parents and foreign national families. It is in our national interest to adhere to U.S. and international
law regarding the right of parents to their children.
Awarding U.S. citizenship to Elian Gonzalez against the will of his sole surviving parent applies an unfair
double standard. Millions of duly qualified permanent residents are mired in a two-year naturalization
backlog waiting to be sworn in as U.S. citizens. And hundreds of thousands of Mexicans, Salvadorans,
Guatemalans and others have been unfairly excluded from the opportunity to become U.S. permanent
residents (and eventually U.S. citizens) as a result of the 1996 Immigration Act and INS misconduct during
the Reagan and Bush Administrations.
U.S. Latinos do not support the position of the extremist groups in south Florida. And a silent majority of
moderate Cuban Americans want to see Elian returned to his father! While recently in Miami I had the
opportunity to meet with hundreds of outraged Latino community leaders, many of them Cuban-American.
They spoke eloquently of the atmosphere of intimidation foisted upon them by a vocal minority of
extremists.
I urge you to oppose this anti-family legislation. Support President Clinton and Attorney General Janet
Reno's decision to re-unite young Elian Gonzalez with his father. Do not let these vocal extremists
determine U.S. foreign policy at the expense of cherished family law.
Sincerely,
Gonzalz
Antonio Gonzalez
President
California National Office . 403 E. Commerce, Stc. 260 . San Antonio, TX 78205 (210) 222-8014 Fax
Office 2914 N. Main St., 1" Floor . Los Angeles, CA 90031 (323) 222-2217 . Fax (210) (323) 222-2011 222-8474
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Bush
Gore
McCain
HatchForbes
NEWS
Published Tuesday, February 1, 2000, in the Miami Herald
Exile group forges ironic alliances
BY KAREN BRANCH
[email protected]
The battle over granting citizenship or
SEE ALSO
residency to Elian Gonzalez has highlighted a
little-known fact about the Cuban American
National Foundation and its links to Congress:
Miami's most important exile lobbying group
and its political action committee often are
more generous with Democrats than
Republicans.
In an irony of historical proportions, the
foundation has been a major supporter of two
nephews of President John F. Kennedy - who
earned the hostility of exiles by denying air
Roberto Koltun
support to the ill-fated Bay of Pigs invasion in
Kennady's
Wendy Ausane Please survice sueat
Americad National
1961.
Foundation 1999, flanked by
Alberto Hemandez
This may surprise Cuban Americans in Miami,
Sentos)
most of whom are Republicans.
Family (sto,block
But foundation folks say it just makes political
press vjew of Elian
Sistendeanne Blian's
sense.
new mom here
``It should come as no surprise there are
Previous coverage
many Democrats supportive of our issues,
foundation spokesman Fernando Rojas said. "That's a reflection of our efforts
to make sure that Cuba policy is bipartisan in nature.
Those efforts are also reflected in contributions by the Free Cuba PAC, the
political fund-raising arm of the foundation. The organization spent $53,500 on
Democrats in the 1997-98 congressional campaign cycle, compared with
$49,500 on Republicans.
In the 1999-2000 cycle reported so far, the balance is tilted even more toward
Democrats. Fifty-five percent of the PAC donations ($21,000) went to
congressional Democrats, with 45 percent ($17,000) to Republicans.
Many of the foundation's Democratic allies are congressional members from
Florida and New Jersey, home to large Cuban exile populations that are prolific
voters. They include Sen. Bob Graham, D-Fla., and Sen. Robert Torricelli,
D-N.J. - who signed on as sponsors to Florida Republican Sen. Connie Mack's
bill to grant Elian U.S. citizenship.
William
ALLY OF FOUNDATION
Yet the foundation, too, has snagged less obvious champions for anti-Castro
causes. The most acclaimed is Rep. Patrick Kennedy, D-R.I., son of Cuban
embargo opponent Sen. Edward Kennedy, D-Mass.
The younger Kennedy is co-sponsoring a bill by U.S. Rep. Robert Menendez -
a Cuban-American Democrat from New Jersey - to grant permanent residency
fule
to the 6-year-old.
J4I
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They, along with Rep. Peter Deutsch, a Broward Democrat who also represents
parts of exile-abundant Miami-Dade, signed letters to President Clinton and
Attorney General Janet Reno to urge that they postpone Elian's return.
The historical irony of the Kennedys' support is one acknowledged by the
foundation, whose founder, the late Jorge Mas Canosa, was a Bay of Pigs
veteran.
"When you mention the name Kennedy, you're reminded of the early days of
the struggle against Fidel Castro and that promise that was made by that
administration to restore democracy to Cuba, which remains unfulfilled, Rojas
said. "But Patrick Kennedy was one of the first to try to reach out to the
community - even visiting at one point with the Bay of Pigs veterans.
"What is interesting is here you have a new generation of Kennedys working
side by side with another generation of Cuban Americans to try to fulfill a
fundamental desire on our part and, indeed, on his part, to bring about freedom
in Cuba.
TIES WITH KENNEDYS
Jorge Mas Santos, now chairman of the foundation, said his father was just as
close to Patrick and Joe Kennedy.
Federal contributions records show that Mas Canosa did indeed express
support for the Kennedys - in personal contributions. He and his wife and sons
donated $1,450 to Patrick's 1996 reelection bid and $1,000 for the 1997-98
cycle.
The Mas family, similar to the Free Cuba PAC, has reached into its own pockets
more for Democrats than for Republicans in two of the last three congressional
elections, and have so far continued that trend in the 2000 races. Only in 1996
did they give more to Republicans - $39,250 compared with $21,950 to
Democrats.
The Mas family gave $26,000 to Democrats and $19,250 to Republicans in the
'94 cycle, $6,250 to Democrats and $5,750 to Republicans for the '98 races, and
$2,000 to Democrats and $500 to Republicans for the 2000 cycle.
ANOTHER KENNEDY
The foundation counts among its allies former U.S. Rep. Joseph P. Kennedy II,
Patrick's cousin. In the 1997-98 campaign cycle, the Free Cuba PAC gave
$7,000 to Joseph's congressional campaign and $6,500 to Patrick's.
On Nov. 1, Joe Kennedy joined the board of directors of MasTec - the
telecommunications construction company chaired by Mas Santos.
"We've had a very close relationship with Joe and Patrick for many, many
years. I've known them maybe seven or eight years, Mas Santos said.
"They've always been supporters of freedom for Cuba, and I think it's important
that the Kennedy family -- given their spot in history with the Cuba issue - be on
the right side of history with those of us who want freedom and democracy for
Cuba.
Patrick Kennedy did not want to discuss his relationship with the foundation. He
declined an interview through spokesman Larry Berman.
"We did a press release and some letters he signed on to- and he says they
speak for themselves, Berman said.
VIEW ON ELIAN
Kennedy's news release says he believes Elian's fate should be decided by
U.S. courts: "Those elements are particularly necessary because of the fact
there is no freedom of speech in Cuba, and therefore, we still do not know what
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Elian's father truly wants in this matter.
Since his election in 1994, Kennedy, now 32, has backed the foundation
agenda. He voted against congressional efforts to end TV Marti. He supported
the Helms-Burton bill to tighten the U.S. trade embargo against Cuba.
The foundation released a statement by Kennedy on Helms-Burton:
"This bill is a clear statement that the American people stand arm in arm with
the people of Cuba in their struggle against a repressive dictator, and that we
will not back away from being partners in our common fight for freedom begun
by my uncle, President Kennedy, Kennedy's statement said, referring to John F.
Kennedy's imposition of the embargo in 1961.
"President Kennedy looked forward to the day Cubans would live in freedom. I
share his hope for the future of Cuba and this bill will help that day come soon.
DEMOCRATIC BACKERS
Other key Democrats also have backed the foundation agenda for years.
They include Sen. Harry Reid, D-Nev., the Senate Democratic whip, who
received $7,000 in contributions from the Free Cuba PAC for the 1997-98
campaign cycle.
Sen. Joseph I. Lieberman, D-Conn., has a relationship with the foundation that
can be traced to his first election in 1988. Lieberman toppled the Republican
incumbent, Sen. Lowell Weicker, who as a senator had opposed efforts to
create Radio Marti and advocated normalization of relations with Cuba. Weicker
met with Castro during trips to Cuba in 1980 and 1983. After the last trip, he
)
reported in financial disclosures that Castro gave him a box of cigars worth
$100.
The foundation's support of Lieberman's candidacy was inevitable:
Weicker was literally close personal friends of Fidel Castro, Rojas said. ``It
was unfortunate a senator from Connecticut would vacation with Fidel Castro --
and we felt it critical to target that race.
"We established a very close relationship with Sen. Lieberman, who
understood the plight of the Cuban people. Jorge Mas Canosa and he became
very individuals who wanted to help with us. He's going to be a co-sponsor of the bill
close
friends
over
the
years.
In the case of Elian, he was one of the first
to grant him citizenship.
PLAN DELAYED
Despite intense lobbying efforts by the foundation and Elian's family to make the
boy a U.S. citizen, the bill has received a cool reception to the fast-track effort.
GOP leaders who originally expected to bring the issue up for early floor votes
now have delayed the plan.
Lieberman and Torricelli also wrote a letter to Reno, a fellow Democrat, on Jan.
7, asking her to delay enforcement of a ruling by the Immigration and
Naturalization Service to return Elian to Cuba by Jan. 14.
The Free Cuba PAC gave at least $10,000 to Lieberman in the current 2000
campaign cycle -- and Mas family members have given him at least $1,000
more. The PAC also gave $5,000 to Sen. Charles Robb, a Virgina Democrat
and a frequent supporter of foundation positions.
He's one of the Senate's six Vietnam veterans, $0 he had a pretty hardline
stance on communism, Robb chief of staff Tom Lehner explained.
The foundation proved its loyalty to Robb, even in 1994, when he was
challenged by a Republican whose hard-line views mirrored the foundation's:
Iran-contra figure Oliver North.
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ROBB'S POSITION
Mas Canosa, then foundation chairman, endorsed Robb over North.
But where the sticky issue of Elian is concerned, Robb is not so disposed to
take a leadership role, his chief of staff said. Indeed, even GOP leaders who
were originally expected to bring up the boy's citizenship question for early floor
votes now have delayed the plan until a federal judge in Miami rules on the case
- despite intense lobbying efforts by the foundation and Elian's family and
allies.
One day after Mack announced Robb was one of the co-sponsors of his bill to
grant Elian citizenship, Lehner said it wasn't true.
'He's not on it. Mack just misspoke. This isn't as central to us as it is to the
Florida delegation, said Lehner, whose boss is up for reelection this year after
barely defeating North in the 1994 race. "This is not to say we might not vote
for this thing. We still haven't sat down to determine a course of action.
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01/28/00 14:49 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
001
News Release
National Council
of the Churches of Christ
in the USA
Communication Department
Office of News Services
475 Riverside Drive, Room 850
New York, NY 10115-0050
212-870-2227
FAX: 212-870-2030
E-mail: [email protected]
ECUNET: NCC NEWS
Contact:
NCC Communication Department, 212-870-2227
www.ncccusa.org
www.wfn.org
NCC1/28/2000
FOR IMMEDIATE RELEASE
NCC CONTINUES ITS PASTORAL SUPPORT OF ELIAN'S GRANDMOTHERS
NCC Remains "On Call" to Further Help to Reunite Elian with His Father, Grandparents
January 28, 2000, NEW YORK CITY - "The National Council of Churches has not
pulled back from its commitment to Elian Gonzalez's grandmothers and their mission," the
Rev. Dr. Robert W. Edgar, NCC General Secretary, said today.
"The grandmothers' goal of winning their grandson's return to his father is a goal the
NCC has shared since the Council got involved in early December," he said. "Indeed, we
become more convinced every day that this little boy should be reunited immediately with his
biological father and closest family members in Cuba."
Dr. Edgar reiterated his satisfaction that the NCC-facilitated U.S. visit of Elian's
grandmothers had achieved two goals - offering them the opportunity to speak firsthand of
their love for Elian and helping to arrange their visit with Elian. The grandmothers' ultimate
goal - to take Elian back to Cuba with them - is yet to be realized, and the NCC remains "on
call" to help, he said.
As their government's official presence in the United States, the Cuban Interests
Section is assisting the grandmothers with their itinerary during their remaining days in the
United States following their visit with Elian. "This is what any citizen seeking help with a
matter in another country would hope for from their government," Dr. Edgar said.
The NCC continues to provide pastoral presence and support for the grandmothers in
the person of the Rev. Dr. Joan Brown Campbell, the NCC's immediate past general secretary.
She was co-chair with Dr. Edgar of the NCC delegation that hosted the grandmothers.
How the NCC Got Involved in Elian's Case
The National Council of Churches was approached for help in the Elian Gonzalez
matter in early December by the Cuban Council of Churches - with whom it has a
multifaceted relationship that began before the Cuban revolution and includes humanitarian
aid, work for normalization of U.S.-Cuban relations and advocacy for greater freedom for
Cuban Christians to worship, witness and serve.
Alarmed that the United States was not returning the boy quickly and automatically to
his father and that a fundamentally humanitarian concern was becoming increasingly
politicized, the two Councils proposed that they serve as the intermediaries in the physical
01/28/00 14:49 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
002
return of Elian to his father. The Cuban government agreed to the plan and U.S. officials
quietly expressed interest.
But when several weeks passed without movement -- and when the INS postponed a
late-December hearing in Elian's case until late January and when members of Congress
began to propose a measure to grant U.S. citizenship to Elian -- the Cuban Council of
Churches asked the NCC to visit Elian's father and extended family in Cardenas, Cuba. A
central concern was that while Elian's Miami relatives had many spokespersons and
advocates, the immediate family in Cuba had few.
Dr. Campbell and the Rev. Oscar Bolioli, the NCC's Director for Latin America and
the Caribbean, accompanied by an NCC Communication Department staff member, made the
trip Jan. 2-5, met the family and shared their impressions with both U.S. and Cuban
government officials.
As that NCC team was en route back to the United States on Jan. 5, the INS
announced its ruling that Elian should be repatriated, by Jan. 14, to his father. But further
delays prompted the two church councils to support yet another "project" - the grandmothers'
visit to the United States. (Because of the father's concern for his own physical safety should
he make the trip, and his fear of legal entanglement, the grandmothers - among Elian's
primary caregivers -- offered to come on the family's behalf.)
NCC's Pastoral Concern for Elian's Grandmothers, Elian, and Family
Dr. Edgar today said he remains committed to the statement he made on Jan. 8, which
reads in part:
"The longer this whole process drags on, the more disconnected this small child
becomes from those who have raised him and who love him. Using delaying tactics to prevent
this child from going home is unseemly and it isn't fair to use him as a pawn in a political
dispute.
"As a former Representative in Congress, I will use the knowledge gained through 6
terms to discover if a logical and compassionate solution can be found. This is a time when
people of good will should focus on the needs of one little boy rather than on how he can be
useful for some other purpose.
"I'm hopeful that this tragic situation can have a positive effect. Throughout the
generations, children often have pointed the way to a new way of looking at things. The Bible
says that "a little child shall lead them." Elian Gonzalez could be the catalyst for a changed
relationship between the peoples of Cuba and the U.S. His safe return should mark a
commitment to finding ways to be more caring and generous with each other."
Accordingly, the National Council of Churches shares the grandmothers' anguish and
concern about legislative efforts in Congress that serve to further delay Elian's return to his
father. Elian's paternal grandmother, Mariela Quintana, on Jan. 21 said, "Nobody outside has
the right to make him (Elian) an American citizen. He was born in Cuba, lives in Cuba, he's a
Cuban. No one, even Congress or the President, can change his status."
01/28/06 14:50 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
003
Christians in both Cuba and the United States - along with leaders in both countries'
governments -- have expressed their appreciation for the efforts of the two ecumenical councils
for reconciliation in a situation that has divided a family; kept Elian, a little boy who has just
lost his mother, from grieving and healing properly in the bosom of his immediate family, and
exacerbated tensions between the U.S. and Cuba.
"Ultimately," Dr. Edgar commented, "it is the normalization of relations between the
United States and Cuba that will make unnecessary the perilous crossing by boat that cost the
lives of Elian's mother and 10 others, and that puts extraordinary economic pressure on
ordinary Cubans."
Dr. Campbell, who first met Elian's grandmothers on Jan. 3, has been in close contact
with them ever since. She has been alongside Mrs. Quintana and Raquel Rodriguez, Elian's
maternal grandmother, virtually every step along the way since she and the others from the
NCC flew to Havana Jan. 20 to pick the grandmothers up for the U.S. visit.
She, along with Dr. Edgar and the Rev. Bolioli, were present for the grandmothers'
meeting with U.S. Attorney General Janet Reno and INS Commissioner Doris Meissner in
Washington, D.C., on Jan. 22. Along with NCC Communication Director Randy Naylor, and
the Very Rev. Oden Marechal, President of the Cuban Council of Churches, those three were
part of the long afternoon of negotiations (Monday, Jan. 24) at the Tamiami Airport -
negotiations by phone with the Miami relatives and INS officials that failed to win the Miami
relatives' agreement with the grandmothers' request that they be able to visit Elian at a neutral
site.
"The Cuban Interests Section's vice consul waited outside the room until those
negotiations were completed," Dr. Campbell noted. "By the time he was admitted, the
grandmothers already had decided to go to Washington, D.C., to press their case with
members of Congress - just as it was the grandmothers who had insisted on coming to the
United States in the first place."
Dr. Campbell described the grandmothers's concern to be sure to say and do the right
things for Elian's sake in their visit with him. She urged empathy for the grandmothers'
anxiety as they looked forward to the long-awaited visit in the context of a constant barrage of
media, helicopter rides, shouting crowds and heavy police presence. She praised the
grandmothers' strength, courage and articulate expression of their love for Elian and their
desire to take him home with them.
Furthermore, Dr. Campbell, a devoted mother and grandmother herself, was the only
person from the NCC to go with the grandmothers Wednesday afternoon into the house where
they met with Elian. She said the grandmothers told her afterward that it felt like visiting a
loved one in a hospital or prison - all of a sudden, it seems, "time's up" and you have to leave.
Editor's Note - A Word in Response to Some Frequently Asked Questions (FAQs)
1. Following the grandmothers' visit with Elian, Sister Jeanne expressed the opinion
that Elian should remain with his Miami relatives. What is the NCC's view on her
statement?
01/28/00 14:50 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
004
We are very appreciative of the extraordinary efforts that Sr. Jeanne undertook in offering her
home as a safe, comfortable, inviting and neutral environment in which the grandmothers
could spend a precious two hours of supervised visitation with their grandson Elian. She was
a kind and gracious host. We were surprised when she chose to step out of her assigned role of
neutrality. We would not have wanted her to publicly support our cause and assumed that she
would not support the other side in this question. As an academic and head of a university we
thought that her reflections would be based on research and not anecdotal information It had
been our hope that the kindness and generosity offered prior to and during the visit would have
given her a helpful and significant role in the ongoing resolution of this issue. We regret that
Sr. Jeanne, in choosing to state her opinion after exercising the role of neutral host so
admirably, has in her action further fueled the fire of controversy and eliminated herself as a
neutral facilitator in any future discussions on this matter.
2. Who paid the grandmothers' travel expenses?
During the NCC-hosted part of the grandmothers' visit, all but one flight was paid for by
private donations. The Jan. 22 roundtrip flight (New York-Washington-New York) was paid
for by the NCC at a cost comparable to commercial air tickets ($3,100 for seven passengers).
The grandmothers stayed in a private residence in New York City, as did the Rev. Oden
Marichal, President of the Cuban Council of Churches, who accompanies them. The Cuban
Interests Section took on responsibilities for the grandmothers' travel costs beginning with
their return on Jan. 26 from Miami to Washington, D.C.
3. The NCC's work to facilitate the reunification of Elian Gonzalez with his father and
grandparents in Cuba has received much publicity. How is the Council assisting other
families who wish to be reunified?
The Council, its member communions and their congregations help to resettle thousands of
uprooted people in U.S. communities every year. For example, in 1999, we assisted more than
6,700 newcomers representing more than 30 nationalities. In general, about 80 percent of
these cases are ones in which families are reunified. We are concerned for all families
everywhere who are separated by conflicts between governments. We pray for them and work
for their reunification in many ways.
In recent years, our U.S. resettlement caseload has included approximately 2,000 Cubans
annually. We are authorized to assist those Cubans who come to us through the U.S.
Department of State Resettlement Program or the Department of Justice Cuban/Haitian
Program. Decisions about who will be accepted for resettlement in the United States are made
by the U.S. government, not by the NCC. Decisions about who will receive exit permits from
Cuba are made by the Cuban government, not the NCC. Working within legitimate U.S.
government programs, the Council makes great efforts to assist Cuban refugees and has done
so for decades. No doubt there are people in the Cuban American community who oppose our
stand on the Elian Gonzalez case who were themselves assisted by the Council.
While we must abide by the decisions of government in our resettlement work, we are
advocates for a more humane U.S. immigration policy. As a U.S-based organization, we
participate in legislative discussions and public forums to carry the message of welcome and
refugee protection to Congress and others.
01/28/00 14:51 NATL COUNCIL CHURCH->Assistant to Pres. Clin/Echeveste ,Maria
005
Further, as a faith-based organization with global concerns, we cherish our relationships with
Christian councils and other church bodies in more than 80 countries around the world,
including Cuba. Because our unity in Christ is a tie that transcends geo-political boundaries,
we and our church partners often find that we can build on church-to-church contacts even
when our respective governments have differences. We pray that our work on the Elian
Gonzalez case, which we undertook at the encouragement of the Cuban Council of Churches,
might help to build such a bridge of good will. For many years we have been working for
normalization of relationships between the U.S. and Cuba, which among other things, would
ease the plight of the many Cuban families who are now separated.
-end-
01/12/1995 00:45
000000000
QTW
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January 13, 2000
President Bill Clinton
CC: Maria
White House
Washington DC
Dear Mr. President,
1 urge you to take a step towards rationality and humanity in our policy towards Cuba by supporting
the return of Elian Gonzales to his father.
This is an entirely political crisis, pumping oxygen into the declining dream of the Cuban exile lobby
to control U.S. policy and bring down their enemy in Havana. The 6 year old boy would be returned
to his father in any other context but this.
The result of yielding to the Cuban exile lobby will be to dramatically worsen the chances of
responsible rapprochement with the Cuban government, and will increase an anti-American hostility
among millions of ordinary Cubans who already are angered by the permanent blockade. How can
the United States care about a single Cuban boy, they will ask, when the United States denies food
and medicine to millions of Cuban boys and girls on the island itself? Not only is keeping Eilan
Gonzales a hostage in Miami counter-productive because it alienates so many Cuban nationals, but it
is a morally shameful policy for a superpower.
Sincerel
Senato om Hayden
Printed on Recycled Paper
ALLIANCE FOR
ONE MASSACHUSETTS AVENUE, N.W., SUITE 800
WASHINGTON, D.C. 20001
RESPONSIBLE
TELEPHONE: 202-289-5493
FACSIMILE: 202-408-7763
CUBA POLICY
MEMORANDUM
Board of Directors:
To:
The President of the United States
Honorable Beryl F. Anthony, Jr.
United.States House of Representatives
(1978-1992)
From:
The Alliance for Responsible Cuba Policy
Honorable Rod Chandler
United States House of Representatives
(1983-1992)
Subject:
Elian Gonzalez/Cuba
Honorable Dennis DeConcini
United States Senate (1977-1995)
Albert A. Fox, Jr.
Date:
January 2, 2000
Alliance for Responsible Cuba Policy
Honorable Barbara Hackman Franklin
Secretary of Commerce (1991-1993)
J. Paul McNamara
President, Sequoia Bank
Mr. President, allow the bipartisan Board of the Alliance for
Washington, DC
Responsible Cuba Policy (ARCP) the liberty to address you in a
Ed Rabel
Veteran NBC and CBS journalist
memorandum rather than a formal letter. We chose this form of
Honorable Richard T. Schulze
communique because some of us know you and the urgency of the subject is
United States House of Representatives
(1974-1992)
better addressed informally.
Honorable Alexander B. Trowbridge
Secretary of Commerce (1966-1968)
President NAM (1980-1990)
ARCP was formed a little over one year ago to reestablish
diplomatic relations with Cuba. We believed the time was long overdue for
a "responsible debate" regarding United States/Cuba relations.
Counsel:
Michael R. McLeod
McLeod, Watkinson & Miller
Mr. President, the facts in young Elian Gonzalez's case are clear. By
holding on to this young boy, the United States is allowing the very
foundation of our constitutional form of government to be shaken to its
President:
core. The United States is in violation of the bilateral agreements we have
Albert A. Fox, Jr.
with Cuba regarding illegal immigration. In addition, all family experts
agree, the relationship between a parent and a child supercedes the positions
of governments and/or the political agenda of individuals. The longer the
young boy remains in the United States while his father demands his return,
the worse the situation will become.
RESPONSIBLE
CUBA POLICY
Albert A. Fox, Jr.
ONE MASSACHUSETTS AVENUE, N.W., SUITE 800
One wonders how damaged young Elian's psyche will be since being
President
WASHINGTON, D.C. 20001
TELEPHONE: (202) 289-5493 FACSIMILE: (202) 408-7763
E-MAIL: [email protected]
wrapped in the American flag and used as a photo op. Those who shower
him with lavish presents do not have his best interests at heart.
Accordingly, we respectfully recommend you arrange for a United
States official to fly to Miami, pick up young Elian Gonzalez and return him
to his father and extended family in his home town of Cardenas. You
ALLIANCE FOR
should return the little boy not necessarily discreetly, but without fanfare. In
other words, no interest groups, no politicians, no media should accompany
January 2, 2000
Page 2
the official on the flight to Havana, with the possible exception of one of the boy's father's
relatives with whom young Elian is presently residing.
Every single day, individuals from countries around the world seek to illegally enter the
United States. Why? Because we are the world's greatest democracy with the greatest
opportunities. For example, just last Wednesday, 30 illegal immigrants from China crossed the
Pacific Ocean hidden in cargo containers and were arrested when they were found hiding after
the boxes were unloaded. Among the 30 were seven women and two young boys, only a few
years older than Elian. They presently are being detained to be processed and returned to China.
Smugglers who are paid money orchestrated the trip from China to Long Beach, California - just
as in Elian's case, smugglers orchestrated the trip from Cuba to Miami, Florida. What is the
difference between the young boys from China and the young boy from Cuba?
Last Saturday 406 Haitians attempted the 600-mile voyage from their impoverished
Carribean homeland to Miami. Their unsafe and overcrowded 60-foot wooden vessel ran
aground off Miami's Key Biscayne after trying to outrun a U.S. Coast Guard patrol boat. The
vessel nearly capsized, which would have trapped a majority of the occupants below deck. They
are being detained for processing to be sent back to Haiti. Among the group are several six-year-
old boys. What is the difference between the young boys from Haiti and the young boy from
Cuba?
The return of the young Gonzalez boy is the legal thing to do and the moral thing to do.
Finally, Mr. President, Friday night you said, during the Millennium celebration, that " we
Americans do not fear change
"
Clearly, the United States must change its outdated, failed
policy toward a small Caribbean island that, whether we like it or not, should be treated as the
sovereign nation it is. We cannot overstate the significance your personal involvement and
leadership would have in making certain young Elian Gonzalez is returned to where he rightfully
belongs.
Your sage counsel is urgently needed before the situation worsens. As former Secretary
of State Henry Kissinger said, "Competing pressures tempt one to believe that an issue deferred
is a problem avoided: more often it is a crisis invited."
ALLIANCE FOR
ONE MASSACHUSETTS AVENUE, N.W., SUITE 800
WASHINGTON, D.C. 20001
RESPONSIBLE
TELEPHONE: 202-289-5493
FACSIMILE: 202-408-7763
CUBA POLICY
FACT SHEET
Goal
The Alliance for Responsible Cuba Policy was created to re-establish United States trade relations with Cuba.
Strategic Issue
The trade embargo imposed on Cuba 38 years ago has failed to remove the Communist government of Cuba.
With the Cold War over, there is no rational explanation to continue the embargo. We must deal with the
Cuban government as it is, not how we wish it to be. A recent Pentagon report states Cuba is in no way a
threat to the national security of the United States. The present policy is indefensible and inconsistent with
America's values and self interests. The embargo merely continues to deny American citizens the ability to
interact with the Cuban people and American companies the ability to compete in the Cuban market of eleven
million consumers.
Membership
ARCP is incorporated in the District of Columbia as a 501(c)(6) nonprofit organization. A nonpartisan
organization, ARCP's board is comprised of distinguished Americans. They include former United States
Congressman Beryl Anthony of Arkansas, former United States Congressman Rod Chandler of Washington
State, former United States Senator Dennis DeConcini of Arizona, the Honorable Barbara Hackman Franklin,
former Secretary of Commerce under President George Bush, Ed Rabel, veteran CBS and NBS journalist, the
Honorable Richard T. Schulze of Pennsylvania, and the Honorable Alexander B. Trowbridge, former
Secretary of Commerce under President Lyndon Johnson and a past President of the National Association of
Manufacturers.
Membership in ARCP is made up of selected United States corporations, associations, and individuals. All
business sectors will be represented in ARCP including those involved in aviation, chemicals, consumer
products, energy, food, machinery, pharmaceuticals, telecommunications and transportation.
ARCP members receive timely reports and information regarding current economic, political and social
conditions in Cuba.
Funding
ARCP is funded by contributions.
April 1999
Chan Domplen
Daily Page
January 24, 2000
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8:30 AM
about more JDP: v eP/A)
COB
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Budget Mtg
9:00 AM
Deputies Mtg
ME's Office
9:35 AM
Wellesley Students
Roosevelt Room
helphers
9:45 AM POTUS
10:20 AM
POTUS Cong Prayer Brfst Ldrs
Melex
11:00 AM Vieques Call
7-2104 pin 2122
11:45 AM
POTUS SOTU Prep (11:45-2:45p)
2:00 PM
Msg Scheduling Mtg
Roosevelt Room
3:15 PM
Box Mtg
Dodulbe
Shala mta Jackson
Loretta, Katy, Kris, Karin, Tom/Josh
ME's Office
4:00 PM
Mike Lyle/OA
ME's Office
4:30 PM
Elian Call
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Miles, Joel W, Magana, Robert Raburn, Patty First, Alan Erenbaum/Sarah Taylor, James Costello, Susan Jacobs/State, Jim
O'Brien/State, Mary DeRosa, Wendy Patten, Mara R, Maureen Shea, Irene
7-2104/1251
4:30 PM
DOJ - costeflo Bred blass, Cerolth
SOTU speech call
5:00 PM
SOTU travel call
Rendy Patty
72104 #3900
8:30 PM
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Citronelle
3000 M St NW
625-2150
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Communications: Dear Colleague
Robertlay Page 1
2000 Letus Development Corp.
1/24/00 at 12.39 PM
3) Irene /N60's
JAN-27-2000 17:39
OMB/LRD/ESGG
202
Total Pages: 6
LRM ID: LJM72
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Thursday, January 27, 2000
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Legislative Liaison Officer - See Distribution below
FROM:
Richd Richard E. Green E (for) Jun
Assistant Director for Legislative Reference
OMB CONTACT:
Lisa J. Macecevic
E-Mail: [email protected]
PHONE: (202)395-1092 FAX: (202)395-3109
SUBJECT:
STATE Report on Elian Gonzales
DEADLINE:
Noon Friday, January 28, 2000
In accordance with OMB Circular A-19, OMB requests the views of your agency on the above subject
before advising on its relationship to the program of the President. Please advise us if this item will
affect direct spending or receipts for purposes of the "Pay-As-You-Go" provisions of Title XIII of
the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: Please send any comments on the attached letter concerning
Elian Gonzales by NOON TOMORROW so the letter may be transmitted to
Congress TOMORROW.
Thank you.
DISTRIBUTION LIST
AGENCIES:
61-JUSTICE - Robert Raben - (202) 514-2141
52-HEALTH & HUMAN SERVICES - Sondra S. Wallace - (202) 690-7760
EOP:
Irene Bueno
Wendy L. Patten
Maria Echaveste
Steven M. Mertens
David J. Haun
Kenneth L. Schwartz
Michael Deich
Douglas Pitkin
Broderick Johnson
Taneesha J. Johnson
Mark D. Magana
Joel K. Wiginton
Christine J. Lindsey
JAN-27-2000 17:39
OMB/LRD/ESGG
202 395 3109
Joseph G. Pipan
Brooke B. Livingston
Elizabeth Gore
Dawn M. Chirwa
Mary B. DeRosa
Rodney G. Bent
Robert D. Kyle
Alexander S. Keenan
JAN-27-2000 17:40
OMB/LRD/ESGG
202 395 3109
LRM ID: LJM72 SUBJECT: STATE Report on Elian Gonzales
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no comment), we prefer that you respond by
e-mail or by faxing us this response sheet. If the response is short and you prefer to call, please call the
branch-wide line shown below (NOT the analyst's line) to leave a message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be connected to voice mail if the analyst does
not answer); or
(2) sending us a memo or letter
Please include the LRM number shown above, and the subject shown below.
TO:
Lisa J. Macecevic Phone: 395-1092 Fax: 395-3109
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-3454
FROM:
(Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on the above-captioned subject:
Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of
pages, attached to this response sheet
UMB/LRD/ESGG
202
395
3109
01/27/00
13:53
202 647 2762
STATE LEG AFF.
United States Department of State
DRAFT
Washington. D.C. 20520
Dearn,
I am writing to bring to your attention the implications for
consular operations, and specifically the Department of State's
ability to successfully pursue pending and future international
parental child abduction cases, should Elian Gonzales Brotons not
be returned to his father's custody and his place of habitual
residence.
Earlier this week, I provided a declaration to the
Department of Justice in support of the decision made by the
Commissioner of the Immigration and Naturalization Service (INS),
and ratified by the Attorney General, that Elian Gonzalez Brotons
should be returned to his father in Cuba. I did so because the
Department of State would expect a foreign government to make the
same decision with respect to an American child in similar
circumstances. The INS decision is consistent with the
principles that the Department of State would seek to have
followed in such cases. Failure to implement the INS decision
could seriously prejudice the ability of the United States
Government to help parents in the United States recover their
children taken to foreign countries.
The State Department's Office of Children's Issues in the
Bureau of Consular Affairs serves as the United States Central
Authority under the Hague Convention on the Civil Aspects of
International Child Abduction (the "Hague Convention"). It is
responsible for cooperating with the Central Authorities in other
countries to "secure the prompt return of children to their
place of habitual residence under the Hague Convention when they
have been "wrongfully removed or retained" by one parent, and
to achieve the other objectives of the Hague Convention.
The role of consular officers in protecting children is
recognized in the 1963 Vienna Convention on Consular Relations
("VCCR"), which largely codified customary international law and
which now, with over 160 countries as parties, sets forth well-
established and generally recognized principles. Article 5 (h) of
the VCCR specifically provides that consular functions include,
"safeguarding
the interests of minors and other persons
lacking full capacity who are nationals of the sending State,
particularly where any guardianship or trusteeship is required
with respect to such persons."
The rights of parents are also recognized internationally
and have long been a central premise of our work on behalf of
Americans. It is a basic precept of our work that the parents of
American citizen children, not the Department of State 0= the
United States Government, should decide what is best for their
children. As a general matter, the issuance of passports to and
JAN-27-2000
17:40
OMB/LRD/ESGG
202 395 3109
01/27/00
13:54
202 647 2762
STATE LEG AFF.
DUMESTIV
P.05/06
DRAFT
travel by minor U.S. citizen children is governed, under
Department of State regulations and practice, by the wishes of
their parents.
The United States is at the forefront in the provision of
consular services to its citizens and in its advocacy on behalf
of parents seeking the return of their children. Because other
countries scrutinize our practices, our credibility and
effectiveness depend upon our ability to adhere to the principles
we espouse. If the United States fails to act in accordance with
such principles, we jeopardize our ability to insist on adherence
by other countries. Consistency between principles and practice
is particularly important in matters of foreign relations, where
enforcement of rights so often depends upon reciprocity,
diplomatic pressure and negotiations, and cooperation. Over the
years, hundreds of children have been returned to their parents
in the United States because other countries have been willing to
respect basic principles of international law and custom and,
when applicable, relevant treaty obligations.
When a young child is found in a foreign country, the
accepted international practice is to attempt to identify the
child's parent or parent (s), and to return the child to that
person whenever possible, often through the assistance of
consular officials representing the child's country of origin.
Were a U.S. citizen minor child found in a foreign country in the
circumstances of Elian Gonzalez Brotons, we would expect the
government of that country immediately to seek the child's
surviving parent, if any, and to contact U.S. consular officials
for assistance in doing so if necessary. We would then expect
the government promptly to return the child to the parent, unless
the parent expressly asked that other arrangements be made. We
would ensure that the foreign government was aware of the
parent's wishes and would not expect our representations in that
regard to be questioned. We would not expect the surviving
parent to have to participate in a foreign court's custody
proceedings to establish his or her right to assume
responsibility for the child. We would object strongly if a
foreign government declined to return an American child to its
only surviving parent because other relatives sought custody of
the child or because of a judgment that the child would be better
off in the country in which the child was found. We also would
take vigorous exception to a foreign government or court that
sought to substitute its view of the "best interests of the
child" for those expressed by a parent, absent a previous finding
that the parent was unfit.
Many countries of the world, like Cuba, are not party to the
Hague Convention on the Civil Aspects of International Child
Abduction. When children are taken from the United States by one
parent to such a "non-Haque country," the Department of State
typically seeks the cooperation of officials of that country in
securing the return of the child to the parent left behind in the
2
647 2106
DRAFT
United States. If the INS decision is not upheld, our ability to
make such requests successfully in the future will surely be
impaired. First, such requests appeal to the foreign country
involved to respect the rights of the left-behind parent and the
importance of the parent-child relationship; the ability of the
United States to appeal to these considerations with credibility
will be diminished. Second, foreign authorities will have to
consider the possibility that their own countrymen will remember
our failure to return Elian to his father and react negatively if
such authorities return a child to a left-behind parent in the
United States.
A failure to enforce the INS decision would also be
inconsistent with the principles we advocate and could have
potentially lasting negative implications for left-behind parents
in the United States and for U.S. citizen children taken to
foreign countries. Not returning Elian to his father would be
perceived as a decision that the fundamental parent-child
relationship can be ignored, even where there is no evidence of
unfitness. A decision based on the "independent" views of a six-
year-old child would also be a dangerous precedent. Finally, not
returning Elian to his father could be perceived as endorsing the
right of the country in which a child is found to refuse to
return the child to his habitual residence based on a judgment
that the habitual residence is not a desirable place to raise a
child. A decision not to return Elian Gonzalez Brotons to Cuba
could encourage the making of such arguments by abducting parents
and their acceptance by foreign authorities.
I hope this information will be of use to you. Please do
not hesitate to contact me if there is any further information
that I can provide to you.
Sincerely,
Mary A. Ryan
Assistant Secretary for Consular Affairs
3
TOTAL P.06
FROM : AGUILAR
PHONE NO. : 305+365+1070
Jan. 09 2000 12:11PM P1
LUIS E. AGUILAR-LEÓN
PROFESSOR EMERITUS - GEORGETOWN UNIVERSITY
435 GLENRIDGE ROAD
KEY BISCAYNE, FL 33149
FACSIMILE TRANSMITTAL SHEET
FROM:
TO:
María Echaveste
Luis E. Aguilar-León
DATE:
COMPANY:
The White House
01/08/00
TOTAL NO. OF PAGES INCLUDING COVER
FAX NUMBER:
1-202-456-1907
3
PHONE NUMBER:
1-202-456-6594
;
RE:
Open letter to the President
URGENT
FOR REVIEW
PLEASE COMMENT
PLEASE REPLY
PLEASE RECYCLE
NOTES/COMMENTS:
This letter will appear as my column in El Nuevo Herald, Sunday, January 9, and The Miami
Herald later this week.
FAX NO. 305-365-1070 TEL NO 305-365-9543
FROM : AGUILAR
PHONE NO. : 305+365+1070
Jan. 09 2000 12:11PM P2
LUIS AGUILAR LEÓN
135 GLENRIDGE ROAD
KEY BISCAYNE, FLORIDA 33149
TELEPHONE: (305) 365-9543
FAX: (305) 365-1070
January 8, 2000
Dear Mr. President,
I have always appreciated the memory of the two occasions in which you
graciously took me aside; in Washington to reminisce about our Georgetown University
classes, later in Miami to talk about Cuba. On the second occasion, the Cuban regime
had just shot down three defenseless aircraft, and it looked like U.S. policy toward Castro
would harden. I'll never forget your first question. "Professor, do you believe I'm doing
the right thing to topple that S.O.B.?" I replied, "Mr. President, you're doing the right
thing. But the right thing won't topple that S.O.B." You ended by giving me a private
White House postal address where I could write with any praise or criticism of your
policies.
I have never used that privilege. If I write you publicly now, sir, it's because of a
grievous public error your Administration has made, which you still have time to make
right. That error, Mr. President, is forcing the return of Elian Gonzale to Cuba.
Such a wrong decision comes from a misconception, which reduced Elian's case
to a simple custody fight between his father in Cuba and family in Miami. If this were
so, I assure you very few Cubans would argue for his remaining in the U.S. None wish
to keep the boy apart from his father, as has been alleged. Indeed, Miami Cubans
would welcome Juan Miguel Gonzalez here with open arms.
Polls suggest Americans are evenly split on the INS decision, with half
supporting a father's right to be with his son. Most of those don't know tyranny, or a
place where the wrong opinion could be fatal. They don't take polls in Cuba.
As you well know, for 41 years, only one man has ruled in Cuba. That man was
once called "the father of all Cubans" by his brother, Raul Castro. It's a harsh father
who decides which of his children can leave Cuba, which will go to prison for criticizing
their home, or which will be shot for becoming too popular. That man is now using a
mother's ultimate sacrifice - trying to spare her child the Cuban tragedy - to condemn
the "infamous genocidal" United States. That "crusader for a child's rights", with a
mere snap of his fingers, closed his country's schools for three days, and sent thousandss
of children to protest for the return of a boy whose name they had to memorize.
Elian's father has no voice of his own. He must obey without the hint of criticism
the whims of his master, Fidel Castro. Already, the regime's spokespersons are calling
FROM : AGUILAR
PHONE NO. : 305+365+1070
Jan. 09 2000 12:12PM P3
LUIS AGUILAR LEÓN
435 GLENRIDGE ROAD
KEY BISCAYNE, FLORIDA 33149
TELEPHONE: (305) 365-9543
FAX: (305) 365-1070
Elian, age six, a socialist hero. More than his closely watched fellow children, he will be
educated and punished in order to remain a socialist hero..
With all due respect, Mr. President, downplaying the totalitarian fist still
crushing the life out of Cuba, and conceding power to a father without power or freedom
not only go against our country's noble democratic tradition, they render meaningless a
mother's death. You've read Euripides, sir. You may recall Hecuba's anguish when she
and her daughter were enslaved by their enemy:
Oh no no!
To be given as slave to serve the vile, that slippery man,
Right's enemy, brute, murderous beast,
The mouth of lies and treachery, that makes void faith in things promised.
1 am gone, doomed, undone.
Such a fate awaits Elian. You can spare him from it, Mr. President. It's the
right thing to do to topple that S.O.B.
Sincerely,
but
Luis E. Aguilar-León