Father of Cuban Boy Has Right to Custody, U.S. Officials Say
By DAVID STOUT
WASHINGTON --
A boy rescued at sea and brought to the
United States
must be returned to Cuba to live with his father,
the Immigration
and Naturalization Service said today, ruling in a
poignant tug-of-war
that blended international politics and age-old human
emotions.
"This little
boy, who has been through so much, belongs with his father,"
the I.N.S. Commissioner,
Doris Meissner, said. She said the 6-year-old
boy, Elian Gonzalez,
must be reunited with his father by Jan. 14.
Ms. Meissner
said immigration officials made their decision after two
extensive interviews
in Cuba with the boy's father, Juan Miguel González.
She said the
father had provided vivid and extensive details of his bond
with Elian,
including family photographs and medical and school records.
Returning Elian
to his father is "the right decision legally, it's the right
decision morally,"
Ms. Meissner said.
Acknowledging
that the decision will be unpopular in some quarters, and
expressing the
hope that there will be no resistance to it, she urged
people to "respect
the bond between parent and child and respect the
laws of the
United States." She said Attorney General Janet Reno had
been notified
of the I.N.S. decision and backed it. The immigration
agency is a
branch of the Justice Department.
The fate of Elian
has been not only a family issue but a political one since
a 17-foot aluminum
boat carrying the boy and a dozen other people
capsized in
the Caribbean six weeks ago as the people were trying to
cross from Cuba
to Florida. Ten people were killed, including Elian's
mother and stepfather.
Elian survived, along with two adults, and was
rescued on Nov.
25 after clinging to an inner tube for two days.
Thus, Elian unwittingly
became the focus of an international incident as
well as a custody
fight, with anti-Castro groups and politicians in Miami
embracing him
and thousands of Cubans protesting in Havana that he
should be returned
to the island nation.
Elian's great-uncle
and other relatives of his father have wanted the child
to stay with
them for what they see as a chance for a better life. But Mr.
González,
who was divorced from Elian's mother, and both sets of
grandparents
have wanted him returned to their hometown, Cárdenas, a
port east of
Havana.
Ms. Meissner
said the father "wants Elian returned to him as soon as
possible." She
said her agency had chosen the deadline of Jan. 14 to
assure both
promptness and enough time for arrangements to be worked
out.
The Commissioner
said the boy could be turned over to his father in one
of several ways.
Elian's father might be granted permission to come to the
United States
to pick up his son, a possibility that has been discussed
with the Cuban
government. Or one of Elian's relatives might simply take
him to Cuba.
Or a third party -- a church organization, for instance --
might ease the
transfer.
"The I.N.S. is
ready to work with the family and others to make
appropriate
arrangements for Elian to be reunited with his father," Ms.
Meissner said.
"We believe this decision can be carried out without
I.N.S.'s taking
charge of Elian."
That portion
of the Commissioner's statement seemed to address the
possibility
that Elian's relatives in Florida might resist sending him back,
perhaps even
to the point of secluding him. Ms. Meissner fielded several
questions on
that issue, stating again and again that she hoped people
would respect
American and international law and "the bond between
parent and child."
The decision
touched off a protest in Miami, where about 300 people
gathered in
front of the Immigration and Naturalization Service building.
Protesters sang
the Cuban national anthem and chanted, "Freedom,
freedom."
"His mother died
coming here and he should stay in her honor," said
Lester Diaz,
a young Cuban-American.
Another protester,
Enrique Colina, who arrived from Cuba in 1961,
carried an American
flag. "They want to send him back to a country
without freedom,"
Mr. Colina said. "That's why I carry this flag."
The Commissioner
said the immigration office, having recognized the
father's right
to speak for his son, would not acknowledge any asylum
petition that
the boy's great-uncle in Miami might seek to file to keep him
in the United
States.
The days ahead
hold several possibilities, not all of them easily
anticipated.
The Commissioner was asked what her agency would do if
the father arrived
in the United States, ostensibly to pick up his son, then
asked for permission
to stay here with him.
"I don't think we can speculate on that," she said.
In the face of
repeated questioning about possible resistance to Elian's
return to Cuba,
the Commissioner promised official flexibility. "One step
at a time,"
she said at one point. "Let's let this process go forward."
President Clinton
said today that politics had played no part in the
immigration
agency's decision. "I told you when we started this that I
would do my
best to keep this decision out of politics," he said at the
White House.
"We have done that, we have not been involved in it."
The case has
already become a domestic political issue, and may
become a hotter
one. Senator John McCain of Arizona, seeking the
Republican presidential
nomination, has spoken in favor of keeping the
boy in the United
States.
And today, Gov.
George W. Bush of Texas, Mr. McCain's rival for the
Republican nomination,
said he disagreed with the immigration agency.
"What ought to
happen is that the Cuban boy's dad ought to come to
America, and
he ought to get a taste of freedom in America, and then he
ought to make
a decision about what is best for his boy," Mr. Bush said.
"I don't trust
Fidel Castro. I'm not so sure this man is making the right
kind of judgment
in the right kind of circumstance, and I think it's a
mistake for
the I.N.S. to send the boy back to Cuba."
James Nicholson,
chairman of the Republican National Committee,
offered to pay
for bringing Elian's entire family to Miami "so that we can
learn for sure
what his father wants -- free of Communist coercion."
Ms. Meissner
said today that the issue of coercion had been addressed,
but she repeated
that American officials had found no sign that Mr.
González
was anything but a loving father eager to be reunited with his
son.
Ms. Meissner
deflected a question about whether her office had
considered the
possible political difficulties for the Clinton Administration,
repeating that
adherence to the law and parental rights had governed the
decision.
Joe Lockhart,
President Clinton's spokesman, said the President believed
the immigration
service had handled the matter fairly. "They gathered the
facts in a very
comprehensive way and applied the relevant rules and
regulations
and law fairly," Mr. Lockhart said.
J. Kelly Ryan,
a lawyer for the immigration agency, said any court
challenge to
the agency's decision was "a separate matter."