The Washington Post
January 7, 2000
 
 
Reno Won't Reverse INS Decision to Return Boy to Cuba

                  By Sue Anne Pressley and Karen DeYoung
                  Washington Post Staff Writers
                  Friday, January 7, 2000; Page A02

                  MIAMI, Jan. 6—Attorney General Janet Reno declined today to reverse
                  a decision by the Immigration and Naturalization Service to return
                  6-year-old Elian Gonzalez to his father in Cuba, as hundreds of Cuban
                  Americans took to the streets of this city in a mostly peaceful but
                  determined protest.

                  "Based on all the information we have to date, I see no reason to reverse
                  the decision," Reno said at her regular Thursday news briefing in
                  Washington, responding to a formal request to intervene by the legal team
                  representing Elian's Miami relatives.

                  "What [the INS] took into consideration is who, under the law, can speak
                  for the 6-year-old boy, who really can't speak for himself," she said. "He
                  has a father. And there is a bond between father and son that the law
                  recognizes and tries to honor."

                  The fate of the child has become an international dispute--and a sore point
                  among many Cuban exiles here--since he was found drifting in an inner
                  tube on Thanksgiving Day a few miles off the Florida coast. Elian's mother
                  and nine others drowned when their boat capsized as they attempted to
                  reach the United States. A custody fight ensued when Elian's father in
                  Cuba, Juan Miguel Gonzalez, and Fidel Castro's government demanded
                  the boy's return. The INS decision Wednesday set a deadline of Jan. 14
                  for that to occur, sparking demonstrations today that paralyzed traffic in
                  downtown Miami.

                  Protesters blocked the entrance to the bustling Port of Miami, disrupting
                  business for more than an hour before Miami-Dade police in full riot gear
                  moved in to make dozens of arrests. On the busy thoroughfares, including
                  the roads leading to Miami International Airport, supporters slowed to 20
                  mph.

                  At a rally in front of the Claude Pepper Federal Building, demonstrators
                  broke through police barricades and flooded the streets, forcing traffic to a
                  standstill. They waved American and Cuban flags and shouted, "Free
                  Elian!" A handful of hunger strikers took up a vigil under a makeshift tent,
                  vowing not to eat until the child is allowed to remain here. Many of the
                  protesters agreed that Elian's case should be decided in family court.

                  "This is our way of sending a strong message to the Clinton administration
                  that we demand for the child Elian Gonzalez his day in court," said Ramon
                  Saul Sanchez of the anti-communist Democracy Movement, an organizer
                  of today's protests who was among the first of 100 people to be arrested.

                  Many of the demonstrators said they blame President Clinton for what they
                  described as kowtowing to Castro. One sign in the crowd read, "Castro
                  Gives Orders to Clinton, and Clinton Obeys."

                  Florida Gov. Jeb Bush wrote to Clinton seeking a reversal of the INS
                  decision.

                  Officials in Washington and Havana said today that there had been no
                  further action on the case, and U.S. sources were puzzled by the failure of
                  attorneys for Elian's great-uncle, Lazaro Gonzalez, and other relatives in
                  Miami to file a legal challenge they had threatened Wednesday, should they
                  get no satisfaction from Reno.

                  Cuban representatives in Washington said they, too, were waiting on the
                  next move. "We think that [the INS decision] was a big step, a significant
                  one," a senior Cuban official said today. "But what we need now is to have
                  the enforcement of that decision. . . . Our concern is the same. Time
                  passes, and the child is still in Miami."

                  A reference to the ruling on state television Wednesday in Cuba, where a
                  reported 3 million people rallied for Elian's return, warned against
                  "excessive optimism." But Havana has issued no official statement.

                  Politicians on the campaign trail in New Hampshire, however, had plenty
                  to say about the decision, with Republican candidates--Texas Gov.
                  George W. Bush, Arizona Sen. John McCain and businessman Steve
                  Forbes--criticizing the decision as a mistake and using the opportunity to
                  denounce the Clinton administration policy toward the Cuban government.

                  "The only people who have been sent back to Cuba in the past are
                  criminals," McCain said.

                  Vice President Gore, also campaigning in New Hampshire, seemed to be
                  distancing himself from the ruling. Without expressly disavowing the INS
                  decision, Gore said he wants the appeals process to go forward and
                  repeated his position that no decision about the boy's fate should be made
                  until the father can speak on "free soil." He said he is not convinced the
                  father was not coerced by the Castro regime.

                  But Democratic candidate Bill Bradley effectively ducked the question,
                  saying that when the controversy began, "I thought Elian Gonzalez should
                  stay in the United States, but I'm not going to second-guess the INS."

                  Those members of Congress who felt moved to issue statements on the
                  decision were near-uniformly divided along party lines, with Democrats
                  generally supportive and Republicans critical. Senate Foreign Relations
                  Committee Chairman Jesse Helms (R-N.C.), who had vowed to introduce
                  a bill granting the boy immediate U.S. citizenship as soon as Congress
                  reconvenes in two weeks, said he would forge ahead anyway. "That way,
                  when he is old enough to make decisions for himself, he will be able to
                  claim the freedom his mother purchased for him with her life," Helms said.

                  In the meantime, Rep. Lincoln Diaz-Balart (R-Fla.) urged the House
                  Government Reform Committee, chaired by Rep. Dan Burton (R-Ind.), to
                  issue a subpoena to Elian to block his return to Cuba until after Congress
                  could make him a U.S. citizen, and a spokesman said Burton would
                  seriously consider the idea, the Miami Herald reported.

                  The focus of all of this attention, young Elian Gonzalez, who had begun
                  classes this week at a private school in Miami, was kept away from school
                  today, relatives told reporters.

                  If and when a decision is made by the Miami relatives to relinquish the boy,
                  the National Council of Churches may help. Representatives of the group
                  met with the father and Elian's grandparents in their hometown of
                  Cardenas, Cuba, earlier this week, and the council issued a statement
                  today that said, "We were told the Cuban family will request that we bring
                  the boy back. . . . We remain ready and willing to do this."

                  INS spokesman Russ Bergeron confirmed today that Juan Miguel
                  Gonzalez had requested the council "to serve as his intermediary" in the
                  return of Elian. Although Gonzalez did not reject a possible trip to Miami
                  himself, Bergeron said, he made it clear he wanted the council involved.

                  But as the afternoon rush hour unfolded here, with car horns bleating in
                  protest of the INS ruling and demonstrators blocking many major
                  thoroughfares throughout the city, few of the anti-Cuban protesters seemed
                  ready to give up their fight to keep the boy here.

                  "There's no freedom in Cuba," said 22-year-old Web site designer
                  Michael Glynn. "I perfectly understand a father-son relationship, but here,
                  he can have freedom."

                  Pressley reported from Miami, DeYoung from Washington. Staff writers
                  David A. Vise in Washington and David Von Drehle and John F. Harris in
                  New Hampshire and special correspondent Catharine Skipp in Miami
                  contributed to this report.

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