Connie Mack, Bill Mccollum. The New York Times, February 1, 2000

To the Editor:

The most important determination in the Elián González case is what is in the child's best interest (editorial, Jan. 26).

A Dec. 1 Immigration and Naturalization Service news release stated that it has "no role in the family custody decision process" and that officials in Florida "have confirmed that the issue of legal custody must be decided by its state court." Three days later, the State Department said Elián's case should be treated as an immigration matter.

Granting citizenship to Elián González, as our bills would do, does not dictate where the boy should live; rather, it removes the decision-making authority from a government agency and makes it a custody matter subject to a fair court hearing.

Elián's mother's dying wishes for her son to live in freedom should be considered. A court is the only forum where all family members' interests can be heard to determine what is best for Elián. As you correctly point out, in Cuba, no one can know if a man is speaking freely. Indeed, we cannot be sure that the several closed-door meetings between Elián's father and I.N.S. officials in Havana occurred free of coercion.

CONNIE MACK, BILL MCCOLLUM

Washington, Jan. 31, 2000

The writers, Republicans of Florida, are a United States senator and representative, respectively.

Copyright 2000 The New York Times Company

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