WASHINGTON, Jan. 7 /PRNewswire/ -- The American Coalition for Fathers and Children (ACFC) is the organization that filed the amicus brief on December 20, 1999 with the INS seeking Elian Gonzalez's return to his father.
The INS, Janet Reno, and President Clinton have made statements that are consistent with the ideas presented in the ACFC legal brief which is available through ACFC at 1-800-978-3237. ACFC is pleased with their decision and supports Elian Gonzalez being returned to his father. The ACFC
position statement by David A. Roberts, ACFC President, and Jeffery Leving Esq., ACFC Legal Advisor who had the amicus brief filed, follows:
"Fundamental principles of justice, the laws of the United States, international law, and common decency, all call for Elian Gonzalez to be returned to his father, Juan Gonzalez. A growing majority of the American people and world opinion support this position, and we believe that it
should happen as soon as possible.
On November 22, 1999, six year old Elian Gonzalez was taken by his mother and her boyfriend on a dangerous journey from Cuba to the United States that ended in tragedy when the overloaded boat sank, and Elian's mother and other adults drowned. Elian was rescued two days later clinging to an
inner tube in the sea off Miami. His mothers motives may have been laudable, but Elian was taken without his fathers knowledge or consent, even though his father has joint custody.
By all accounts, Juan is a devoted father, caring for his son during days when his mother worked, and involved with Elian in his school activities. Elian also has equally devoted grandparents, a stepmother, and half sister in Cuba. Elian has captured the hearts of the entire Cuban people, and
there is simply no reason to think he would lack for anything if returned. His father has consistently demanded his return, and has firmly indicated that he does not wish to reside in the United States.
While the motives of those seeking political asylum for Elian in the United States may be laudable, Elian does not qualify for such status. There is no reason to think that he would be subject to political persecution, imprisonment, torture or threats to his life. Case law specifically
excludes a lower economic standard as grounds for asylum unless it is so severe as to threaten life or freedom, and no such threat exists. But more important, now that Juan has been confirmed as the father, no person in the United States has legal standing to bring a case for asylum for Elian.
The Cuban exile community is divided on this issue of Elian's return home. Some feel that political issues of the cold war should take precedence, while others feel that this should not be allowed to interfere with the relationship of a father and son. We would hope that Cuban exiles seeking to
keep Elian here would consider that they are losing ground with the American public, which sees this differently. Insofar as they are opposed to Fidel Castro, they might also consider that Fidel has had rallies of millions on this issue, bigger than any in forty years. From this perspective, it
was a serious mistake not to have returned Elian immediately. Whatever you think of Castro, for all practical purposes he is now guaranteed to remain in power in Cuba for the rest of his life. The longer this situation continues, the stronger his position will become.
Several U.S. Senators have proposed granting citizenship to Elian as a way of ensuring that he could eventually return here as an adult if he wished to. We support this proposal if it could be helpful in allaying the concerns of the Cuban exile community. The Cold War is over. We hope that
U.S.-Cuban relations can be normalized, and all restrictions on travel between Cuba and the United States eliminated, long before Elian reaches adulthood. In any case, we see no reason why Elian's return should be delayed pending action by Congress.
We believe that at this point, both the legal and the political arguments point to the return of Elian to his father as soon as possible. But if that is not enough, we ask all sides of this controversy to consider this. Elian has been told that he is 'on vacation' right now. His American
relatives let him talk on the phone to his father, and he talks excitedly about all his new toys. But conversations have ended when Elian starts crying and asks, 'When can I come home?' Those who still do not know what to do should hear the cries of a little boy who misses his father."
SOURCE American Coalition for Fathers and Children
CO: American Coalition for Fathers and Children
ST: District of Columbia
IN: EDU
SU:
01/07/2000 05:20 EST http://www.prnewswire.com |