Boy's Fate Called a Federal Matter
By NEIL A. LEWIS
WASHINGTON, Jan.
12 -- Attorney General Janet Reno said
today that only
federal courts had the authority to decide
whether a 6-year-old
boy should be reunited with his father in Cuba but
said immigration
officials had lifted a Friday deadline for his return to
allow his relatives
to appeal in federal court.
In a letter to
lawyers for the boy's relatives in Miami, Ms. Reno said a
Florida state
court had no jurisdiction in the case. The boy, Elián
González,
was rescued at sea clinging to an inner tube last November
after his mother
drowned.
In her letter,
Ms. Reno emphatically reaffirmed her belief that the law
required that
Elián should be returned to his father in Cuba.
The Justice Department
is considering going to court this week to ask a
federal judge
to enforce the immigration ruling in hope of speedily
resolving a
difficult, emotional political and diplomatic problem.
The Clinton administration
has adopted a dual approach to dealing with
the case.
On one hand,
officials want to show that their ruling giving Elián's father
the right to
make the decision for the boy is the product of
well-established
law that sets a priority on family unification and that they
are willing
to have it tested in federal court. At the same time, the
administration
is moving to end the stalemate quickly, possibly seeking a
court order
that could lead to federal marshals' being sent to fetch Elián
from the Miami
relatives.
In her letter,
Ms. Reno said a separate lawsuit filed in Florida state court
by the relatives
to gain custody of Elián had no bearing on the case,
which she said
could only be decided in federal court. Judge Rosa
Rodriguez of
the Miami-Dade Circuit Court ruled on Monday that Elián
must remain
in the United States until a March 6 hearing.
Ms. Reno brushed
aside that ruling today, saying the state court order
"has no force
or effect" on the Immigration and Naturalization Service's
decision in
the case.
"The question
of who may speak for a 6-year-old child in applying for
admission or
asylum is a matter of federal immigration law," she wrote.
Justice Department
officials and legal analysts said they believed that Ms.
Reno had the
authority to decide as she did because the immigration
issues under
federal jurisdiction took precedence over the custody matter
before the Florida
court.
Spencer Eig,
a lawyer for the Florida relatives, said in a telephone
interview that
the family would soon take up Ms. Reno's invitation to file
a challenge
to the immigration ruling in federal court.
But he said the
relatives would also maintain efforts to have a state court
award them legal
custody of Elián. "We are not removing this case from
the state court,"
he said. "We will seek protection for Elián's civil rights in
federal court
as a separate action."
The lawyers for
the Miami relatives will ask the court to reinstate an
asylum petition
on behalf of Elián and argue that immigration officials
wrongly decided
that the boy's father was in a position to make a
decision in
the child's best interests.
No clear end appears in sight.
Officials said
today's action in lifting the deadline was part of the effort to
demonstrate
that the decision to rule in favor of the father was a product
of the law.
One official said the deep fear behind all the legal maneuvering
was that the
situation would deteriorate to a stage where the federal
government would
have to use marshals to assume physical custody of
the boy. "We
are still hopeful that we can resolve this matter soon," a
senior official
said today.
Since last week's
ruling, hundreds of Cuban-Americans have protested in
the streets
of South Florida. The administration has been sensitive from
the beginning
to the political implications of the case.
And while reluctant
to offend Cuban-American voters, senior officials
have been eager
to end the situation to prevent any worsening of relations
with Havana.
Today, several
members of Congress, Democrats and Republicans, sent
a letter to
Ms. Reno urging her to respect the role of the Florida courts.
The signers
included Representative Dan Burton, an Indiana Republican,
and Senator
Robert G. Torricelli, a New Jersey Democrat.
Mr. Eig said
today that the family would abide by any court decision and
fully understood
that it would not be in the best interests of the child to
have any confrontation
with the federal authorities in which Elián would
be forcibly
taken from them. But he left open the possibility that the
relatives might
feel that a state court ruling in their favor on custody might
trump the federal
authorities.
"I was surprised
that Ms. Reno would not respect a state court ruling on
what is essentially
a state matter," he said, adding it was common for
federal courts
to look to state courts to determine a person's status in
making immigration
rulings.
Ms. Reno today
made it clear that she believed otherwise. She also
offered a long
rebuttal to the lawyers' contention that immigration service
guidelines mandated
that Elián should be given a full hearing.