Lawyer who exposed memo on Elian Gonzalez case sues Ashcroft, INS
MIAMI, Florida (AP) -- A government lawyer who exposed an internal
memo on the refugee case of Elian Gonzalez is suing her superiors and
Attorney General John Ashcroft, alleging she was a victim of retaliation.
Diana Alvarez claims one of her superiors at the Immigration and Naturalization
Service made disparaging comments about Cuban-Americans and deliberately
kept
her from receiving a good evaluation after she objected to "anti-Cuban
bigotry and
discrimination" during the seven-m onth custody battle over Elian.
"There was an atmosphere of outward discrimination against Cuban-Americans
at
the Miami district INS office, discrimination that was fully condoned and
many times
initiated by management," Alvarez, who is Cuban-American, said Tuesday.
"The
retaliation is ongoing to this day and there truly seems to be no end in
sight."
Diana Alvarez's suit, filed in federal court Jan. 10, seeks unspecified
damages for
employment discrimination, emotional distress and injury to reputation.
Ana Santiago, an INS spokeswoman in Miami, declined to comment, citing
a
standing policy not to discuss litigation.
Elian was rescued off Florida after his mother and most of the other boat
passengers traveling illegally from Cuba died when their vessel capsized.
He was
placed with relatives in Miami who, backed by other Cuban exiles, fought
to have him
granted asylum in the United States. After a court battle, the then-6-year-old
boy was
returned to the custody of his father and was sent back to Cuban in June
2000.
Alvarez claims she also experienced hostility after she testified in a
discrimination
proceeding for INS agent Rick Ramirez, who also sued the attorney general
over
allegations of anti-Cuban bias at the Miami district office. Ramirez settled
his lawsuit
in September.
During a hearing for Ramirez, Alvarez produced a memo that discussed the
possibility that Elian's father at one time had sought a visa to move to
the United
States. The memo also discussed allegations that the Cuban government coerced
Elian's father.
If coercion could be shown, the memo said, the INS could accept the asylum
application filed on Elian's behalf. However, a notation on the memo said
that Doris
Meissner, then the INS commissioner, had ordered it destroyed.
Copyright 2003 The Associated Press.