Published Wednesday, March 15, 2000, in the Miami Herald
Elian's dad never requested asylum for boy, lawyers say
By Jay Weaver. jweaver@herald.com
After a federal judge questioned its denial of Elian Gonzalez's request for an asylum hearing, the Justice Department filed new court papers to bolster that decision.
Government lawyers now argue, in papers filed Monday, that Attorney General Janet Reno doesn't have to consider Elian's asylum application because his father in Cuba -- the only person who can speak for him -- never applied for it.
That is a departure from their earlier stand: They had argued that Elian's Miami relatives might have applied for asylum on his behalf, but the government returned the application because his father did not request it.
The filing responds to U.S. District Judge K. Michael Moore's tough questions about the application at a hearing Thursday.
In court papers filed Tuesday, the relatives' attorneys called the Justice Department's revision a ``last-ditch tactic'' to deny the boy's right to an asylum hearing.
The unusual volley of arguments follows Thursday's crucial hearing over whether the Immigration and Naturalization Service must give Elian an asylum hearing under federal law. Moore has not made his ruling yet.
In January, the Miami relatives sued INS after the agency rejected Elian's application for an asylum hearing because it found that only his father can speak for him. He lost his mother on a journey from Cuba to Florida, and his father wants him returned to Cuba.
On Tuesday, the relatives' attorneys reiterated their basic argument: ``The simple fact is that [federal law] makes the right to petition for asylum available to all aliens who are physically present in the United States regardless of status, and without limitation as to age or a parent's
consent.''
In Cuba, meanwhile, the Communist Party daily newspaper sharply criticized the judge for not making his decision and the legal fund-raising efforts for Elian in Miami.
``Like piranhas flocking to a weak prey, the relatives of Elian Gonzalez, in addition to keeping him kidnapped in Miami, have resorted to the most miserable deceit, turning the young boy into a source of fabulous gains,'' an editorial in Granma said Tuesday.
``The news that arrived Monday . . . said that the Miami relatives had collected more than $200,000 through a radio marathon conducted by some Hispanic stations in Miami.
``. . . And while the money flows and shamelessness spreads among the opportunists and their sponsors, federal Judge Michael Moore remains silent as to whether or not he has jurisdiction to handle the lawsuit brought by the corrupt relatives.''
Art leaders seek exception in Cuba rules
Jordan Levin . jlevin@herald.com
Last month's flap over the FIU Miami Film Festival's screening of a Cuban-made film -- coupled with other developments like the Latin Grammys' decision to bypass South Florida -- are prompting county arts officials, community leaders and one commissioner to suggest a cultural exception to
Miami-Dade's resolution forbidding ties with Cuba.
They're saying the resolution -- which prohibits the county from doing business with entities that have ties to Cuba -- is worded so broadly that it is impractical. When the resolution is applied to culture, the opponents say, it works against its larger goal of supporting human rights and
freedom in Cuba.
``There have been a number of incidents -- it reached a pinnacle with the Film Festival -- and the community said we have to do something about it,'' said lobbyist Rick Sisser, chairman of Miami-Dade's Cultural Affairs Council, the commission-appointed body that oversees county arts grants.
Florida International University is among those organizations pushing to change the resolution. Top university officials met with county leaders after the Film Festival incident, in which the county rescinded nearly $50,000 in grants because the festival showed the Cuban-made film Life is to
Whistle.
``We are respectful of the law and of those in the community who strongly support that law, but we hope we will be able to explore some of the unintended consequences of a rigid enforcement'' to artistic and academic freedom, said Stephen Sauls, FIU's vice president of community relations.
The latest incident came Thursday, when the commission stated that an FIU party for Latin American scholars at the county-owned Cultural Plaza would violate the resolution because Cubans might be among the guests. The county let the event proceed because of contractual obligations.
Sisser and other leaders said there is growing community support for a cultural exception, but supporters don't expect any commission action before the September election. Of eight commissioners The Herald asked for comment, two responded and said no change is likely soon.
``I'd sponsor it in a heartbeat, but I don't think it will pass right now,'' Commissioner Katy Sorenson said. ``I believe we should have cultural, educational and sports exceptions, but it's a very sensitive issue for my colleagues. I think most of the public agrees we should have these
exemptions, but it's not the reality in the County Commission right now.''
``They can show it in some other city or state,'' Commissioner Bruno Barreiro said about the Cuban-made film. ``If it's something that was made with the Cuban government's resources, then that shouldn't be seen here. Not with our county resources.''
The resolution covers almost all dealings with Cuba, and several local arts organizations are afraid they may have inadvertently violated it.
Although the Film Festival didn't pay for Life Is to Whistle, the U.S. distributor conducted a financial transaction with the Spanish company that co-produced it and the film was made in Cuba, both violations of the resolution.
Last Saturday, Miami-Dade Community College's Wolfson Campus showed the film Alice in Wonder Town, a political satire that was censored on the island, part of a series of often-critical Cuban films. But because some of the prints come from Cuba, the showing could run afoul of the resolution.
Last month, the Miami Light Project hosted a filmmakers panel with a speaker from Colorado's famed Sundance Institute, which gave a $150,000 grant to Life Is to Whistle. Danny Hoch, a theater artist presented by Miami Light Project last weekend in Miami Beach, has performed in Cuba.
Miami Light gets about 10 percent of its funding from Miami-Dade, and the implications concern Executive Director Beth Boone. ``Does this mean that I have to interrogate everyone we present?'' she asked.
Some arts presenters say they are afraid to publicly challenge the resolution. ``Without question, it engenders a certain self-censorship,'' Boone said. ``It's intimidating.'' The Film Festival controversy -- and concern that she could have inadvertently violated the resolution -- inspired her
to speak up now.
A 'RIGHT TO SUE'
Penelas said arts presenters should not be fearful. ``People are allowed to criticize the county's Cuba policy without penalty,'' he said. If they are unhappy with the policy, they ``have the right to sue.''
Proponents of a cultural exception argue that restricting cultural exchange subverts the resolution's purpose of promoting democracy. Life Is to Whistle was widely interpreted as critical of the Castro regime, as are a number of films in the Miami-Dade series.
``I think it's very ironic that this ordinance could result in withdrawal of a film that is critical of life in Cuba,'' said Rosa Sugrañes, a member of the Cultural Affairs Council and chairwoman of the Film Festival's advisory board.
Offering any support to Cuban artists is still anathema to many exiles -- and to county leaders. ``Those who criticize the Cuba policy for being purely political do not understand the feelings of many people in this community,'' Penelas said.
NOT OF ONE MIND
But "not all of the Cuban community feels this way,'' says Alvaro Fernandez, a member of the Miami Beach Cultural Arts Council, which oversees arts grants from the city of Miami Beach. ``We live in a county where people fear repercussion if they speak out on certain things. They're
establishing the same type of system that they have in Cuba.''
Olga Garay, a Cuban American who was director of cultural affairs at Miami-Dade Community College before taking a job in New York, considered presenting famed Cuban rumba group Los Munequitos de Matanzas at Miami-Dade in 1995. She did not, fearing loss of funding and a backlash that would
overshadow her programming.
``It's strong-arm tactics that kidnap a whole community's ability to make choices about the kind of cultural activities they participate in,'' Garay said.
Migrant record defended
U.S. rejects Cuban charge
WASHINGTON -- (AFP) -- The U.S. government on Tuesday sharply rejected an accusation that it is not abiding by the migration accords it signed with Cuba in 1994-95. The charge was made by the Cuban Communist Party daily Granma.
``We are, in a vigilant and vigorous manner, complying with and respecting the terms of our immigration accords with Cuba,'' State Department spokesman James Foley said.
Granma said Tuesday that the United States complies with the delivery of at least 20,000 visas a year for Cubans who are qualified to migrate to this country but does not meet its obligation to return to the island all Cubans detained while trying to enter the United States illegally.
``The United States has been unable or unwilling to meet its commitments,'' the newspaper said. While the United States ``complies less and less with the essential aspects of the migratory accords . . . Cuba has rigorously met each and every one of its commitments.''
In addition, Granma said, the United States fails to vigorously pursue those in Miami who organize and finance the illegal smuggling of Cubans.
Foley said the U.S. Interests Section in Havana hands out 20,000 visas a year ``to permit a legal, safe and orderly immigration'' and that the Coast Guard ``patrols [our shores] vigorously and tries to prevent the dangerous illegal immigration and smuggling of immigrants.''
``This is something that we take very seriously. We believe that these accords are working and are trying to enforce them,'' he said.
Foley warned that no one should take Granma's editorial as an invitation to leap into the sea and try to enter the U.S. illegally.
``No one should think that a green light is on,'' he said, adding that ``the Coast Guard continues to enforce our laws.''
Meanwhile, 14 Cubans arrived Tuesday on Marathon, bringing to 123 the number of Cubans who have stepped on U.S. soil in the past 14 days. The new arrivals said they had ventured out Sunday on a wooden raft and crossed the Florida Straits in one day.
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