Published Thursday, March 30, 2000, in the Miami Herald
Residency bill for Elian proposed
Plan aims at blocking moves by U.S. agents for quick return
By Frank Davies . fdavies@herald.com
WASHINGTON -- Running out of time and options, members of Congress who want to slow down the move to return Elian Gonzalez to his father in Cuba lashed out Wednesday at Attorney General Janet Reno and proposed a last-ditch bill designed to give the boy permanent legal residency.
Democratic Sen. Bob Graham of Florida joined that effort and admitted it's a legislative long shot. The bill would also extend legal residency status to Elian's father, the father's wife, their baby and Elian's two grandmothers.
Graham and the measure's sponsor, Republican Bob Smith of New Hampshire, said one purpose of the bill, introduced Wednesday, was to get Reno's attention and block any moves by federal agents to quickly return the boy to Cuba.
``Our appeal to the attorney general is, let the Senate play this out,'' Smith said at a Capitol press conference. ``It would be frightful to have this boy dragged from his home and sent back to Cuba. The Senate can stop this.''
The top four Republican leaders in the House issued a similar plea. They sent a letter late Wednesday to President Clinton urging him to ``immediately instruct Attorney General Reno'' not to forcibly remove the boy from his Miami home.
The letter was signed by Speaker Dennis Hastert, Majority Leader Dick Armey, Majority Whip Tom DeLay and Conference Chairman J.C. Watts.
``Reno is acting under the instructions of Clinton,'' said Rep. Lincoln Diaz-Balart, the Miami Republican who helped compose the letter. ``This administration is threatening violence -- the forcible removal of Elian -- before the appeals process that has already been scheduled.''
On Capitol Hill, advocates of sending the boy back to his father expressed a different perspective, noting it has been more than two months since INS made its decision to return the boy.
``To say the INS has moved too hastily in this case is absurd,'' said Rep. Barney Frank, a Massachusetts Democrat, who has served on the immigration subcommittee. ``They have leaned over backwards -- with three triple somersaults -- to accommodate the family and community in Miami.''
But many Republicans joined a harsh anti-Reno chorus. On the Senate floor, Florida Republican Connie Mack expressed ``sheer frustration and anger'' at Justice and the INS, saying the agencies have ``bulldozed over the rights of Elian and his Miami family.''
Graham was more measured with his words, noting that he and Reno are longtime friends: ``Some of the actions by INS and Justice are inexplicable. Elian is being treated as a legal pawn, and the narrow issue of who speaks for Elian gets all the attention, not what is in his best interests.''
Graham said he has spoken to Reno several times this week, urging her to move cautiously.
``No one understands the Miami community better than Janet Reno,'' Graham said. ``The community respects the rule of law and will accept a decision that is justly arrived at, but this looks like a rush to judgment.''
Political leaders denounce tactics, warn of unrest
By Ana Acle And Amy Driscoll. aacle@herald.com
Political leaders from Miami to Tallahassee on Wednesday denounced the federal government's ``strong arm'' tactics in the Elian Gonzalez case, warning that President Clinton and Attorney General Janet Reno will be blamed for any violence if immigration officials send the boy back to Cuba.
``If their continued provocation, in the form of unjustified threats to revoke the boy's parole, leads to civil unrest and violence, we are holding the federal government responsible and specifically Janet Reno and President Bill Clinton,'' Miami-Dade Mayor Alex Penelas said.
Even Democratic politicians with close ties to the Clinton administration -- including Penelas and Florida Attorney General Bob Butterworth -- joined a rare, bipartisan effort to halt plans by the U.S. Immigration and Naturalization Service to revoke permission for the 6-year-old to stay in the
United States.
By day's end, Gov. Jeb Bush, U.S. Senators Connie Mack and Bob Graham, all six members of the Florida Cabinet and Vice President Al Gore had added their names to the list of those attempting to avert a showdown in Miami.
Butterworth, chairman of Gore's campaign for president in Florida, says a sense of ``frustration'' led him to join the other members of the Cabinet and the governor in publicly opposing the federal government's efforts to deport the boy.
``There are only nine officials elected statewide and all nine of us are on record asking for a hearing -- and that should speak volumes,'' Butterworth said Wednesday.
``This is no longer a Miami issue with a lot of Cubans who dislike Castro and will do all they can to harm Castro. . . . It is more than that,'' he said. ``You are seeing people around the country focusing in, and all we want now is what is fair for this child.''
In Miami, Penelas organized a news conference at the federal courthouse, flanked by Cuban exiles and representatives of 15 area mayors, including Miami Mayor Joe Carollo.
Penelas announced that local police will not assist federal agents in removing Elian from the home of his Miami relatives and issued a warning to the federal government: ``If blood is shed as a result of that provocation, I will hold them responsible.''
Penelas, who has a close relationship with the Clinton administration, said later that he felt a duty to notify the federal government that the community is ``getting out of control.''
``This is not about politics for me,'' he said. ``This is about doing the right thing and I feel very strongly this community is being provoked. So if my action on the Elian Gonzalez thing in any way alienates Democrats, or if it causes a rift with the party, so be it. Those are the consequences
I've got to pay. . . . ''
Penelas and Hialeah Mayor Raul Martinez, political foes, set aside their differences for Elian.
``The president as well as myself are a product of the appeals system of the United States,'' said Martinez, convicted once on a corruption charge that was later overturned on appeal. ``My request to those who have the power is to allow the process of the appeals to go through.''
Across the state Wednesday, party politics were set aside as fears grew that the situation in Miami would result in an ugly confrontation.
In Tallahassee, a dozen Cuban-American legislators from Miami held an impromptu vigil in the rotunda of the Capitol, offering prayers and a lullaby for Elian.
``We're here because we're horrified and deeply regretful that this young boy has been treated by the full force of the White House, which is insisting on deporting him without his day in court,'' said Sen. Mario Diaz-Balart, R-Miami.
Meanwhile, Gov. Bush and the Cabinet -- including treasurer Bill Nelson, a high-profile Democrat running for the U.S. Senate -- passed a resolution urging the U.S. Justice Department to hold ``a full and impartial evidentiary hearing'' in which Elian's fate would be decided ``not on procedural
issues but rather on whether his best interests are served by returning to Cuba or remaining in the United States.''
Bush and Butterworth also sent a bipartisan letter to Clinton and Reno, asking the federal government to ``step back from the heat of the moment and take a more reflective view of this situation.''
Calling the demands by the Immigration and Naturalization Service ``needlessly inflammatory in tone,'' the letter notes that ``tensions are rising over what is seen as a heavy-handed action'' by the INS and the Department of Justice.
The letter stated that no state resources would be used to remove Elian. That means no state agencies -- neither state police nor the Department of Children and Families -- will assist the federal government in Elian's deportation, said Sally Bradshaw, the governor's chief of staff.
Within the Clinton administration itself, Vice President Al Gore has attempted to maintain his distance from the Justice Department's handling of the Gonzalez matter. On Wednesday, Gore reiterated once again that he believes the boy, and his father, should get a fair hearing in domestic courts.
``My position has always been that this is a custody matter for the courts to decide, based on due process, with a full hearing in which all parties are heard,'' he said in a statement.
At a campaign stop last week in Orlando, Texas Gov. George W. Bush, the Republican presidential candidate, criticized the administration's handling of Elian's case and said: ``I believe the best solution would be to welcome that boy's daddy to America, so that he could make a decision taking a
great big breath of freedom. . . . Let the man understand why [the boy's mother] died in the first place.''
Herald staff writers Karen Branch and Mark Silva contributed to this report.
Show of solidarity': Local, state and federal leaders express views
At a press conference with other mayors:
``As the mayors of Miami-Dade County, from different backgrounds, ethnicities and political affiliations, we come together in a show of solidarity to set forth some very basic concerns, which we all share regarding the Elian Gonzalez case.
``1. We strongly believe that Elian Gonzalez's appellate rights should not be limited. Even the most heinous of criminals has his or her legal rights protected, and in many cases, facilitated. Why should a defenseless 6-year-old boy be treated differently? We believe this boy should have the
right to be heard in state Family Court so that a judge, not bureaucrats, can decide what is in his best interests. Only in a family court can we determine the father's true wishes, and properly weigh the obvious wishes of Elian's mother.
``2. We are concerned with the community's reaction to this escalating situation. A large segment of our community feels very strongly that this boy's legal rights must be respected. The government is threatening to revoke the child's parole status by tomorrow [Thursday] morning unless the
family agrees to waive the boy's rights. This is a provocation of the community that believes in the rule of law and justice. It is a strong-arm tactic which is wrong, unjust and will not be well received by the community.
``If the child is repatriated before the appellate process concludes, it will cause irreparable harm.
``Unfortunately, we've been seeing a pattern of this by INS, through its repatriation of Haitians within territorial waters of the United States without `due process' hearings.
``3. While we all recognize a community's right to protest peacefully and appropriately, we also remind the community that we cannot condone, under any circumstances, protests that infringe upon anyone else's rights. However, we want to make it very clear that the Justice Department's handling
of this matter . . . if their continued provocation in the form of unjustified threats to revoke the boy's parole, leads to civil unrest and violence, we are holding the federal government and specifically Janet Reno and the President of United States responsible.
``It is very clear that we will not lend our respective resources -- police or otherwise -- to assist the federal government in any way, shape or form to repatriate Elian Gonzalez to Cuba.''
``It is in the spirit of peaceful protest that we encourage people to attend tonight's prayer vigil.
``4. Once again, we call on the Justice Department to consider our concerns, as the local elected leaders of this community, to do justice by respecting Elian's appellate rights.''
FLORIDA GOV. JEB BUSH
ATTORNEY GENERAL BOB BUTTERWORTH
In a letter to President Clinton and Attorney General Janet Reno:
`` . . . We are writing to both of you today to ask that you intervene so that all sides -- including the federal government -- can step back from the heat of the moment and take a more reflective view of this situation. As an immediate concern, we ask that you direct the Department of Justice
and the INS to rescind their written demand that Lazaro Gonzalez execute an agreement to return Elian immediately to INS custody should he not prevail in the appeal pending before the 11th U.S. Circuit Court of Appeals.
``Included with the written demand is the threat by INS to `move forward with the termination of Elian's parole' if Mr. Gonzalez does not comply with INS' demand by 9 a.m. Thursday. While INS has not yet announced how it intends to accomplish this, we assure you that no state resources will be
used to assist the INS in any attempt to remove Elian.''
VICE PRESIDENT AL GORE
In a statement:
``This matter needs to be resolved in the best interest of the child. My position has always been that this is a custody matter for the Courts to decide, based on due process, with a full hearing in which all parties are heard.
``Elian's father should come to free soil where he can speak freely without fear of intimidation, without the paid demonstrators hired by Castro chanting outside his window, without the full control of a dictator hanging over his head.
``Let's be clear: The real fault here lies with the oppressive regime of Fidel Castro. Elian should never have been put in the position of having to choose between freedom and his own father.''
PRESIDENT CLINTON
From President Clinton's press conference:
Question: A possible confrontation is looming between the relatives [of] Elian Gonzalez and federal authorities. As a last resort, would you permit federal authorities or some kind of federal agents to go in there to forcibly take the boy, so that he could be sent back to Cuba?
Clinton: Well, I think that . . . surely we're some distance from that because . . . if they do not prevail in court, they will clearly appeal. And I would just hope that the law would be followed by everyone, including them.
I think that there is a legal process here. I have done my best to avoid politicizing it. And I think that the appropriate authorities should -- in this case, the judges -- will make a decision. And when that is done, I think that the people on all sides should accept the rule of the court.
Q: Should the relatives realize that is an option . . .
Clinton: What do you mean?
Q: That marshals might have to come in there and say: Release the boy.
Clinton: Well . . . it's no more an option there than it is for anyone else who . . . says, `I don't like the way the courts decide.'
Q: Mr. President, back on the Elian Gonzalez case, the mayor of Miami said today that he would withhold any assistance from the city, including police, if federal authorities decide to return Elian Gonzalez to Cuba, and that if there were any violence in the streets he would hold you and
Attorney General Reno personally responsible for that. That seems to sound like an invitation for the community to block federal authorities and an assurance to them that the Miami police will stand aside.
Clinton: Well, I like the mayor very much, but I still believe in the rule of law here. We all have to, whatever the law is, whatever the decision is ultimately made, the rest of us ought to obey it.
Thousands join glowing prayer vigil
Exiles raise objects of light to the heavens
By Amy Driscoll And Sandra Marquez-Garcia . adriscoll@herald.com
In a vast, flickering cross of humanity, tens of thousands of Cuban Americans gathered Wednesday night in the heart of Little Havana, holding candles, flashlights and glow sticks to the heavens in a mass prayer vigil for Elian Gonzalez.
Filling the intersection at Southwest Eighth Street and 19th Avenue, parents with baby strollers chanted in thunderous unison with factory workers and grandparents, filling the warm night air with their prayer: ``Elian no se va. Lo dijo su mama.'' (Elian is not leaving. His mother said so.)
Their hope: In sheer numbers, Miami's exile community can find the strength to keep 6-year-old Elian from returning to Cuba and the repression they believe awaits him there.
``For God, nothing is impossible,'' said Dayse Gallego, 62, of Miami. ``We are not going to permit that the boy be taken.''
Gallego said she believed that Elian's supporters could be successful without resorting to violence.
``This is a peaceful protest -- a protest of love,'' Gallego said.
But some of the signs carried by protesters offered harsher views: ``Janet Reno killed innocent children in Waco,'' one said. Another read: ``Shame on you Mr. Clinton for sending a child to no future.''
Jorge Mas Santos, chairman of the Cuban American National Foundation, stood in the shoulder-to-shoulder crowd. ``I think it's all of our responsibility to be united and show the world that we are advocating for the rights of the child,'' he said. ``Praying in a religious ceremony is the best way
to show our support.''
Miami-Dade Mayor Alex Penelas, who earlier in the day chided the federal government for its tactics with Elian, attended the protest with his wife and children.
``There is a perception in the national and international media that the only way the Cuban exile community knows how to protest is through blocking traffic,'' Penelas said. ``This peaceful protest shows that we do know how to do things correctly.''
For some marchers, like Neryda Gordillo, 61, of Hialeah, Elian's case has taken on a special meaning.
Gordillo recalled her escape from Cuba on a motor boat 38 years ago. She said she and her family nearly drowned during the perilous boat crossing.
On Wednesday, Gordillo said she came to make a special plea: ``I want to ask God to help Elian like he helped me,'' she said.
Demonstrators started gathering near the intersection long before dark. Elario and Migdalia Alvarez, who have been in the United States since 1990, came in the late afternoon armed with beach chairs.
Elario Alvarez, 71, formerly a political prisoner in Cuba, wore a Cuban Political Prisoner T-shirt, a baseball cap emblazoned with a Cuban flag and the word volveremos -- we will return.
But he was putting his faith in a charm of Cuba's patron saint, the Virgin of Charity, which hung on a chain around his neck: ``She will save the boy,'' he said confidently.
At Southwest 22nd Avenue and Eighth Street, the crowd filled the streets, with men in suits, women in fancy silk scarfs and others fresh from their blue-collar jobs. Many were monitoring the news with cellular phones, portable televisions and radios. Every time a news chopper whizzed by, they
raised their flashlights to the sky, and blinked them on and off.
One Miami police officer estimated the crowd at 20,000 as priests led the people singing the American and Cuban national anthems.
``It's moving when you hear it like that,'' one woman said, wiping a tear.
Several blocks away, at the home of Elian's Miami relatives, a crowd gathered and overwhelmed the barricades. Police ordered them to move away from the house, and they complied.
One man shouted, ``We are law-abiding citizens, unlike Janet Reno, a criminal.''
Reno wasn't the only politician criticized by the crowd near the house.
Angela Gonzalez, dressed as Bill Clinton, and her husband, Tony Gonzalez, dressed in camouflage with a mask of Fidel Castro, kissed in front of the crowd. They held a red sign with a big white heart that said, ``Just married.''
The protesters yelled, ``Clinton, Fidel -- husband and wife.''
``We believe they are truly friends right now,'' said Angela Gonzalez of Hialeah as the crowd shouted, ``Kiss! Kiss! Kiss!''
Herald staff writers Sara Olkon and Elaine de Valle contributed to this report.
Legal issues of case
Q: Why is the government insisting that Lazaro Gonzalez sign a promise to turn over Elian to the INS if the Miami relatives lose their appeal?
A: The government wants to stop further legal action by the boy's Miami relatives and ensure they will surrender Elian without forcing federal agents to pick him up.
Q. Why won't the family agree to surrender Elian if it loses its federal appeal?
A: Because the family would like to pursue other avenues to keep Elian in Miami, possibly in Congress or the state courts.
Q. Why has the government threatened to revoke Elian's temporary immigration parole into the United States?
A: Revocation would provide the government with a legal basis to require the family to surrender Elian. It also clears the way for the government to pick up Elian as an illegal alien.
Q: Can the family stop the government from revoking Elian's temporary parole?
A: Possibly, by asking the 11th U.S. Circuit Court of Appeals in Atlanta to issue an emergency order barring the government from moving ahead.
Q: Would the appellate court be likely to issue such a stay?
A: Legal experts say no. The court could issue an order if it believes the family will win its appeal, but most legal experts say the government will probably prevail.
Q: What steps can the government take if the family refuses to surrender Elian?
A: It could seek a court order requiring the family to comply. It could also ask a court to declare the family and its attorneys in contempt, and possibly seek criminal charges.
Q: What steps can the family take if it loses its federal appeal?
A: The family could go back to Miami-Dade Family Court, where its petition for custody of Elian has been in abeyance pending the outcome of the federal lawsuit. It can try to revive a stalled effort in Congress to grant Elian U.S. citizenship.
If the family can prolong the case long enough, the Clinton administration would be out of office, and both leading presidential candidates have called for a full hearing in family court.
Q: What are the relatives' chances of winning custody of Elian in family court?
A. The family might find a more sympathetic ear from an elected circuit court judge, but legal experts say state courts probably have no legal authority to intervene in Elian's case, which under international law would have to be heard in Cuba.
Questions about return to Cuba aired by ABC
Boy's answer through Diane Sawyer: No
By Terry Jackson. tjackson@herald.com
On Wednesday morning ABC showed Elian Gonzalez being asked several times about whether he wants to return to Cuba -- an apparent reversal of the network's stand on Tuesday, when Good Morning America anchor Diane Sawyer said the tape would not air because of concerns it might further ``inflame''
the situation.
In Wednesday's GMA broadcast, Sawyer asked Elian about Cuba, whether he wants his father to come here, and whether he would go back to Cuba if his cousin, Marisleysis Gonzalez, went with him.
Elian's response to each question -- as related by an interpreter and repeated in English by Sawyer -- was unequivocal: He doesn't want to go back.
The 6-year-old's responses were short and often displayed a natural childlike tone.
When Sawyer asked him what he liked about Cuba, Elian, who was distractedly fanning the pages of a book, said ``nothing.'' Later, Sawyer asked Elian what he liked about Miami, and again he replied ``nothing.''
``Would you like it if your dad came to visit here?'' Sawyer asked.
The boy whispered no.
``No? Why not?'' Sawyer asked.
``Because he'll take me to Cuba and I don't want to go to Cuba,'' Elian responded.
``Would you like it if he stayed here?'' Sawyer asked.
``He can stay here. I don't want to go,'' Elian said.
As Sawyer wrapped up the interview, which was conducted last Thursday afternoon and Friday morning in a classroom at the Lincoln-Marti School in Little Havana, she asked one last question.
Would Elian go to Cuba if his cousin Marisleysis -- who has formed a surrogate-mother bond with Elian -- went to live there as well? ``Not then, either,'' Elian said.
An ABC spokeswoman said Wednesday the network's decision to air Elian talking about returning to Cuba was not a reversal of its earlier position.
``I don't think we said one thing one day and did one thing the next,'' Eileen Murphy said.
But that view hinges on a small distinction: It's Sawyer's English, not Elian's Spanish, that is heard on the tape answering the Cuba questions.
Portions of Sawyer's interview with Elian were also scheduled to be aired Wednesday evening on 20/20, a newsmagazine that Sawyer also anchors
Politicians show unity, defiance
By Ana Acle And Amy Driscoll. aacle@herald.com
Political leaders from Miami to Tallahassee on Wednesday denounced the federal government's ``strong arm'' tactics in the Elian Gonzalez case, warning that President Clinton and Attorney General Janet Reno will be blamed for any violence if immigration officials send the boy back to Cuba.
``If their continued provocation, in the form of unjustified threats to revoke the boy's parole, leads to civil unrest and violence, we are holding the federal government responsible and specifically Janet Reno and President Bill Clinton,'' Miami-Dade Mayor Alex Penelas said.
Even Democratic politicians with close ties to the Clinton administration -- including Penelas and Florida Attorney General Bob Butterworth -- joined a rare, bipartisan effort to halt plans by the U.S. Immigration and Naturalization Service to revoke permission for the 6-year-old to stay in the
United States.
By day's end, Gov. Jeb Bush, U.S. Senators Connie Mack and Bob Graham, all six members of the Florida Cabinet and Vice President Al Gore had added their names to the list of those attempting to avert a showdown in Miami.
Butterworth, chairman of Gore's campaign for president in Florida, says a sense of ``frustration'' led him to join the other members of the Cabinet and the governor in publicly opposing the federal government's efforts to deport the boy.
``There are only nine officials elected statewide and all nine of us are on record asking for a hearing -- and that should speak volumes,'' Butterworth said Wednesday.
``This is no longer a Miami issue with a lot of Cubans who dislike Castro and will do all they can to harm Castro. . . . It is more than that,'' he said. ``You are seeing people around the country focusing in, and all we want now is what is fair for this child.''
In Miami, Penelas organized a news conference at the federal courthouse, flanked by Cuban exiles and representatives of 15 area mayors, including Miami Mayor Joe Carollo.
Penelas announced that local police will not assist federal agents in removing Elian from the home of his Miami relatives and issued a warning to the federal government: ``If blood is shed as a result of that provocation, I will hold them responsible.''
'OUT OF CONTROL'
Penelas, who has a close relationship with the Clinton administration, said later that he felt a duty to notify the federal government that the community is ``getting out of control.''
``This is not about politics for me,'' he said. ``This is about doing the right thing and I feel very strongly this community is being provoked. So if my action on the Elian Gonzalez thing in any way alienates Democrats, or if it causes a rift with the party, so be it. Those are the consequences
I've got to pay. . . . ''
Penelas and Hialeah Mayor Raul Martinez, political foes, set aside their differences for Elian.
``The president as well as myself are a product of the appeals system of the United States,'' said Martinez, convicted once on a corruption charge that was later overturned on appeal. ``My request to those who have the power is to allow the process of the appeals to go through.''
Across the state Wednesday, party politics were set aside as fears grew that the situation in Miami would result in an ugly confrontation.
In Tallahassee, a dozen Cuban-American legislators from Miami held an impromptu vigil in the rotunda of the Capitol, offering prayers and a lullaby for Elian.
``We're here because we're horrified and deeply regretful that this young boy has been treated by the full force of the White House, which is insisting on deporting him without his day in court,'' said Sen. Mario Diaz-Balart, R-Miami.
Meanwhile, Gov. Bush and the Cabinet -- including treasurer Bill Nelson, a high-profile Democrat running for the U.S. Senate -- passed a resolution urging the U.S. Justice Department to hold ``a full and impartial evidentiary hearing'' in which Elian's fate would be decided ``not on procedural
issues but rather on whether his best interests are served by returning to Cuba or remaining in the United States.''
BIPARTISAN LETTER
Bush and Butterworth also sent a bipartisan letter to Clinton and Reno, asking the federal government to ``step back from the heat of the moment and take a more reflective view of this situation.''
Calling the demands by the Immigration and Naturalization Service ``needlessly inflammatory in tone,'' the letter notes that ``tensions are rising over what is seen as a heavy-handed action'' by the INS and the Department of Justice.
The letter stated that no state resources would be used to remove Elian. That means no state agencies -- neither state police nor the Department of Children and Families -- will assist the federal government in Elian's deportation, said Sally Bradshaw, the governor's chief of staff.
Within the Clinton administration itself, Vice President Al Gore has attempted to maintain his distance from the Justice Department's handling of the Gonzalez matter. On Wednesday, Gore reiterated once again that he believes the boy, and his father, should get a fair hearing in domestic courts.
``My position has always been that this is a custody matter for the courts to decide, based on due process, with a full hearing in which all parties are heard,'' he said in a statement.
At a campaign stop last week in Orlando, Texas Gov. George W. Bush, the Republican presidential candidate, criticized the administration's handling of Elian's case and said: ``I believe the best solution would be to welcome that boy's daddy to America, so that he could make a decision taking a
great big breath of freedom. . . . Let the man understand why [the boy's mother] died in the first place.''
Herald staff writers Karen Branch and Mark Silva contributed to this report.
U.S., Elian relatives continue negotiations
Immigration officials, boy's relatives continue negotiations; deadline today
Jay Weaver, Alfonso Chardy And Andres Viglucci . aviglucci@herald.com
In an atmosphere heavy with political recrimination and threats of disruptive protests, U.S. immigration authorities and Elian Gonzalez's Miami relatives negotiated late into Wednesday night to reach an agreement for a speedy resolution to his court case that would avert the boy's immediate
return to Cuba.
The government has threatened to revoke Elian's legal permission to stay in the United States by 9 a.m. today if his great-uncle, Lazaro Gonzalez, refuses to sign a pledge to turn the raft tragedy survivor over to immigration authorities should he lose a federal court battle to keep him here.
Earlier on Wednesday, Gonzalez legal team member Roger Bernstein said that while the lawyers were reviewing the government's terms, they were also considering a counterproposal. A government source said there was limited room for negotiation.
During a day of escalating tensions, exile leaders angry at the government's tough posture said they are preparing street demonstrations, including blockades of Miami International Airport and the Port of Miami-Dade, if immigration authorities try to fulfill their threat to quickly send Elian
home. They planned a prayer vigil in Little Havana on Wednesday evening.
Elian's great-uncle has vowed not to deliver the boy to federal authorities. Though the government has said it would forcibly remove Elian only as a last resort, exile protest leaders were preparing for that possibility, and began rehearsing a human chain around the Gonzalez family's Little
Havana home Wednesday afternoon.
HARSH WORDS FOR RENO
All day, state elected officials from both major parties, including Gov. Jeb Bush and the Cabinet, aimed a stream of harsh words at U.S. Attorney General Janet Reno for pushing a showdown with Elian's Miami relatives.
One of the most unusual, and controversial, scenes of defiance came from an unlikely source: 24 of the county's mayors or their representatives, including Miami-Dade Mayor Alex Penelas and Miami Mayor Joe Carollo, vowed not to help federal authorities take custody of Elian.
While stressing that he would not allow ``illegal demonstrations,'' Penelas used unusually pointed language that seemed to accuse Reno and President Clinton of fostering unrest in Miami through legal ``strong-arm tactics.''
``If their continued provocation in the form of unjustified threats to revoke the boy's parole leads to civil unrest and violence, we are holding the federal government and specifically Janet Reno and the president of United States responsible,'' Penelas said at a news conference on the steps of
the federal courthouse in downtown Miami.
Penelas' comments drew a dry rebuke from Clinton during a news conference in Washington.
``Well, I like the mayor very much, but I still believe in the rule of law here,'' Clinton said. ``Whatever the law is, whatever the decision is ultimately made, the rest of us ought to obey it.''
CRITICISM CUSHIONED
Bush, the Florida governor, while cushioning his criticism with kind words for Reno, nonetheless attacked her handling of the case as ``provocative in nature.''
``I don't know how the INS and the Justice Department got into the mess they got,'' Bush said in an interview. ``It would have been so much simpler just to have a custody hearing in state court to be able to deal with this, and people would have accepted the result. This child has not had a
hearing yet; we have been dealing with technicalities and legalities.''
Two hours before Lazaro Gonzalez left for the 4:30 p.m. meeting at INS headquarters in Miami, demonstrators maintaining a round-the-clock vigil outside his Little Havana home began practicing a human chain they have promised to use to block federal agents from taking Elian.
About 4:30 p.m., a caravan of dump trucks, vans and SUVs circled the six blocks around the house, blasting horns in a cacophony of protest. Organized by the Democracy Movement, it was a sign of what could be done to stop federal marshals from picking up Elian should the situation come to that.
``This situation touches my heart,'' said Antonio Calderon, 35, of Hialeah, between blasts on the horn of his 1982 blue Ford dump truck. ``I have an 11-year-old son in Cuba.''
ELIAN FROLICS
Elian stayed home. At about 2:20 p.m., he went looking for Easter eggs hidden in his home's backyard garden by uncle Delfin Gonzalez and family friend Roberto Curbelo.
While insisting it had the legal authority to remove Elian all along, U.S. immigration authorities have said they were willing to allow the Gonzalez family's appeal to go forward so long as they were assured the relatives would not further prolong their battle to keep him here should they lose.
The relatives are seeking to force the INS to give Elian an asylum hearing.
The 11th Circuit Appeals Court in Atlanta has agreed to an expedited schedule and scheduled oral arguments in the appeal for the week of May 8, but the government contents it is not legally bound to await the outcome.
Independent legal experts say the government is almost certain to prevail in the appellate court, which has long deferred to federal authorities on immigration matters.
The sticking in negotiations has been the government's demand that Lazaro Gonzalez agree in writing to turn over Elian within three calendar days if he loses in Atlanta, unless his lawyers win an emergency order from the U.S. Supreme Court putting that decision on hold, another unlikely
prospect, according to legal experts.
Herald staff writers Ana Acle, Steve Bousquet, and Marika Lynch, and staff translator Renato Perez also contributed to this report.
Surprising proposal would have family, classmates joining Elian
By Juan O. Tamayo, Jay Weaver And Andres Viglucci . aviglucci@herald.com
Cuban President Fidel Castro threw both sides in the custody battle over Elian Gonzalez for a loop Wednesday night with a staggering proposal to send the boy's father and family, classmates, teachers and pediatrician -- among others -- to live with him in the United States while a court appeal
over his fate is concluded.
Castro's announcement, broadcast live on Cuban TV, came in the middle of five hours of tense negotiations between Elian's Miami relatives and federal officials that failed to produce an agreement that might avert Elian's immediate return to Cuba. Both sides agreed to resume talks at 9:30 a.m.
today.
In the meantime, immigration authorities said, they will put off by 24 hours a threatened revocation of Elian's legal permission to remain in the country. That would mean that the Immigration and Naturalization Service could move to demand custody of Elian on Friday if a deal is not reached
today.
The sticking point of the negotiations is when and how Elian's great-uncle Lazaro Gonzalez would transfer Elian to INS custody should he lose a federal court appeal now under way.
The talks took place in an atmosphere heavy with political recrimination and threats of disruptive protests, as exile leaders and elected officials in Miami and Tallahassee aimed a stream of harsh words at U.S. Attorney General Janet Reno and President Clinton.
MESSAGE OF DEFIANCE
One of the most controversial messages came from Miami-Dade Mayor Alex Penelas, who, backed by other local mayors, vowed not to help federal authorities take custody of Elian.
While stressing later that he would not allow ``illegal demonstrations,'' Penelas used unusually pointed language that seemed to accuse Reno and Clinton of fostering unrest in Miami through legal ``strong-arm tactics.''
Castro's proposal to send a virtual village to Washington, D.C., went well beyond Castro's previous proposal to allow Juan Miguel Gonzalez to travel to the United States only to pick up the boy and return him to Cuba. U.S. officials said the scenario is so unusual they remained skeptical.
Castro himself said it was ``like bringing Cardenas to Washington, a reference to the town in north-central Cuba where Elian's family lives. The offer is designed, he said, to speed Elian's ``re-integration'' into Cuban society.
PROPOSAL SHOCKS FAMILY
INS Commissioner Doris Meissner said she could not comment on the Castro offer. ``We don't have any information on that. I don't know what to tell you.'' State Department officials said the boy's father had not yet applied for a U.S. visa by late Wednesday.
The boy's Miami relatives, also clearly unprepared for the offer, had little to say after their meeting with the government broke up at around 9 p.m.
``The family is not going to agree to anything that's not in Elian's best interests, because Elian has suffered a lot,'' said Armando Gutierrez, a spokesman for the Miami relatives.
But Castro's proposal may be intended to call the Miami relatives' bluff. The relatives have said they would consider turning Elian over to his father if he came accompanied by his new wife and child to ensure he was not being coerced by the Cuban government.
The delegation would include, besides Gonzalez and his new family, a favorite cousin of Elian's, 12 of his first-grade classmates in Cardenas, including best pal Hansel Orlando, plus Elian's teacher, a psychiatrist and a legal advisor.
Castro described the group's members as ``indispensable, according to the doctors' criteria, to proceed without losing a minute to Elian's readaptation.''
A VILLAGE
Father, wife and two sons would stay at the home of the head of the Cuban diplomatic mission in Washington, Fernando Remirez de Estenoz, described as a medium-size split level in suburban Chevy Chase with two guest rooms. The others will be housed with diplomats at the Cuban Interests Section.
The only conditions, Castro insisted, are U.S. assurances that Gonzalez will have physical custody of Elian throughout the legal process, and that Washington ``is doing everything required to expedite the boy's return to Cuba.''
During a day of escalating tensions, exile leaders angry at the government's tough posture said they were preparing street demonstrations, including blockades of Miami International Airport and the Port of Miami-Dade, if immigration authorities try to fulfill their threat to quickly send Elian
home.
About 4:30 p.m., a caravan of dump trucks, vans and SUVs circled the six blocks around the house -- blasting horns in a cacophony of protest. Organized by the Democracy Movement, it was a sign of what could be done to stop federal marshals from picking up Elian should the situation come to that.
Meissner, the INS commissioner, said in an interview that the agency does not intend to forcibly remove Elian even if his parole is revoked. ``It does not suggest in any way we are going to come in and pick him up,'' she said.
Still, exile protest leaders began rehearsing a human chain around the Gonzalez family home in Little Havana Wednesday afternoon. Thousands attended a prayer vigil in Little Havana Wednesday night to show support for Elian's Miami relatives.
Elian stayed home on Wednesday. At about 2:20 p.m., he went looking for Easter eggs hidden in his home's backyard garden by great-uncle Delfin Gonzalez and family friend Roberto Curbelo.
RENO CRITICIZED
All day, state elected officials from both major parties, including Gov. Jeb Bush and the Cabinet, harshly criticized Reno for pushing the showdown with Elian's Miami relatives.
Penelas ignited criticism when he said, ``If their continued provocation in the form of unjustified threats to revoke the boy's parole, leads to civil unrest and violence, we are holding the federal government and specifically Janet Reno and the President of United States responsible.''
Penelas' comments drew a dry rebuke from Clinton during a news conference in Washington.
``Well, I like the mayor very much, but I still believe in the rule of law here,'' Clinton said. ``Whatever the law is, whatever the decision is ultimately made, the rest of us ought to obey it.''
The 11th Circuit Appeals Court in Atlanta has agreed to an expedited schedule for the relatives' appeal of a District Court order that upheld Reno's right to deliver Elian to his father and has already scheduled oral arguments for the week of May 8, but the government contends it is not legally
bound to await the outcome.
Herald staff writers Ana Acle, Steve Bousquet, Alfonso Chardy, and Marika Lynch, and staff translator Renato Perez contributed to this report.
Needless Provocation
The Justice Department's threat to snatch Elian Gonzalez from the home of his Miami relatives as early as this morning -- before his legal appeals have been heard -- was provocative and unnecessary. Local mayors, Gov. Jeb Bush, the Florida Cabinet, U.S. Sens. Connie Mack and Bob Graham, among
others, were on solid ground to say so yesterday.
This community was pushed to the brink of civil unrest to satisfy a bureaucratic requirement, irrelevant to the eventual outcome. Such federal heavy-handedness ill served justice and this little boy.
Likewise, Miami-Dade Mayor Alex Penelas' attempt to shift the blame to Attorney General Janet Reno and President Clinton for any ``civil unrest and violence . . . that may occur in this community'' if the 6-year-old is returned, was incendiary and irresponsible. The words seemed to invite -- and
forgive -- lawlessness.
We believe that the appeals by Elian's Miami relatives should be allowed to proceed without threats from the Immigration and Naturalization Service. Likewise, it exacerbates tensions when local and state leaders appear to issue premature challenges to federal authority. This is a nation
respectful of the laws.
Nothing is more important to reaching a peaceful solution -- even if it is an unsatisfactory one for many in this community -- than a fair and complete process. The boy's Miami relatives deserve the right to pursue all legal appeals.
We understand Attorney General Reno's respect for the parental rights of Juan Miguel Gonzalez, who says from Cuba that he wants his son returned. But we share the qualms of many in this community over Fidel Castro's respect for those parental rights. Cuba's dictator has rent thousands of Cuban
families and routinely defies international law to prevent Cubans -- such as Elian Gonzalez's father, grandmothers and other relatives -- from freely traveling to this country or others. Castro's orchestrated demonstrations and rants about Elian foster reasonable fears about the boy's future welfare
in Cuba and raise a plausible case against returning him. That case should be heard.
Any move by the INS or the Justice Department to block such an avenue is wrong. Despite local speculation, Elian's family hasn't said it would defy a court order; to the contrary the boy's great uncle, Lazaro Gonzalez, has offered repeated assurances that the family will obey the law. It is an
insult to civil liberties -- like the loyalty oaths demanded of teachers during the Cold War with Russia -- for the Justice Department to demand such an oath.
At the same time it was a mistake for the governor, the Cabinet and the local mayors to say they would refuse to assist federal authorities in repatriating the child. Such assertions smack of political demagoguery, border on defiance of federal authority and could invite disorder. More sage
advice came from Hialeah Mayor Raul Martinez, who urged all to ``trust the system'' and to follow the rule of law.
Copyright 2000 Miami Herald |