From staff and wire reports. CNN. January 10, 2000. Web posted at: 11:34 p.m. EST (0434 GMT)
MIAMI (CNN) -- U.S. Justice Department officials are deciding how to respond to a Florida family court order that Elian Gonzalez, a 6-year- old Cuban refugee, remain in the United States until a court hearing set for March 6. The ruling allowed Elian's great-uncle temporary custody until then.
Monday's ruling flies in the face of last week's U.S. Immigration and Naturalization Service order naming Elian's father as his legal guardian and ordering Elian to be returned to his father in Cuba by January 14.
"Today is a great day for Elian Gonzalez, and a great day for the Constitution of the United States," said Spencer Eig, a lawyer representing the boy's great-uncle. "Under the laws of the United States, Elian Gonzalez has a spokesman, someone to fight for him: Lazaro Gonzalez."
Gonzalez had asked the judge to be appointed as Elian's guardian. A legal guardian would be able to request asylum status for the boy, who cannot file such a request himself.
Elian has been living with relatives in Miami since he was found clinging to an inner tube off the Florida coast on November 25. The boy was one of three survivors of an escape voyage from Cuba that claimed the lives of his mother, his stepfather and eight other people.
"We call upon Attorney General Janet Reno and the Justice Department to recognize this ruling," said Eig.
Judge: Evidence that Elian could be harmed in Cuba
In her ruling, Judge Rosa Rodriguez, said the petition from the boy's Miami relatives "contains sufficient verified allegations that if emergency relief is not granted and Elian is returned to Cuba he would be subjected to imminent and irreparable harm, including loss of due process rights
and harm to his physical and mental health and emotional well-being."
As part of Rodriguez's ruling, Elian's father, Juan Miguel Gonzalez, must appear at the March hearing. Her order said that his "failure to appear may result in a decision adverse to his interests." Gonzalez has said that he would not travel to the United States to retrieve his son.
Justice officials question judge's jurisdiction
But law enforcement sources told CNN that some Justice Department officials are questioning whether the state court has legal jurisdiction to block any INS action in the matter.
INS spokesman Mike Gilhooly said: "The INS has no plans to do any enforcement action on Elian. We have no plans to change the custody arrangement of him being with his Miami family." He did not elaborate.
Immigration experts are also questioning the court's ruling. "The attorney general has the authority to step forward and say that they have no right or what we call jurisdiction to hear the matter," said immigration attorney Ira Kurzban.
Bernard Perlmutter, director of the University of Miami's Children and Youth Law Clinic, said the judge's decision was "politically popular," but legally wrong. He said the INS can ignore Rodriguez's decision and return the boy to Cuba.
In Havana, when the ruling was announced, thousands of Cubans were already crowding around the U.S. Interests Section for a pro-Elian rally. Hassan Perez, president of the government's Federation of University Students, called the ruling "illegal and arbitrary."
Burton reacts to court ruling
The INS has been reviewing another issue in the case of Elian, a congressional subpoena issued Friday by Rep. Dan Burton, R-Indiana, chairman of the House Government Reform Committee. The subpoena orders Elian to appear before the committee on February 10. Traditionally, witnesses subpoenaed by
the committee are required to remain in the United States.
Following the judge's ruling, Burton was asked if the subpoena will now be canceled. "We may do that," Burton said. "I want to see what happens in the next few days. I want to see if the court works in a legal and expeditious manner."
Burton also said, "I'm happy that the court has agreed to hear the case. It makes it clear that the boy will not be sent back."
Burton said he doubts that Elian ever will appear as a witness before his committee. He said the subpoena was simply a way to protect Elian from being returned to Cuba before the court could hear his case.
Gore and Clinton at odds on matter
U.S. Vice President Al Gore has even become involved, questioning earlier Monday whether the INS had the expertise to decide Elian's fate.
"I'd like to see the dispute adjudicated in our courts, where traditionally questions like what is best for this child are decided," Gore said in an interview on NBC. "This child's mother died in an effort to get her child's freedom."
Clinton, who backs the INS ruling, would not comment directly on Gore's comments.
"Anybody's free to express their opinion about this, on whether they think they did right or wrong," the president said. Neither he nor Gore would comment on Burton's subpoena.
Correspondent Mark Potter, Justice Correspondent Pierre Thomas, Havana Bureau Chief Lucia Newman and the Associated Press contributed to this report. |